General terms and conditions of sale
Last update date: 6 May 2022
Gobilab is a simplified joint stock company with a capital of €19723, whose registered office is located at 32 Boulevard de Strasbourg - CS 30108 - 75468 Paris Cedex 10, registered in the Paris Trade and Companies Register under number 522 903 194 (hereinafter referred to as " Gobilab "or " the Seller ").
Gobilab a pour activité la conception, la fabrication et la distribution de gourdes éco-responsables et autres produits commercialisés sous la marque Gobi via le site internet accessible à l’adresse <Gobilab.com> (ci-après dénommé le « Site internet »).
The Website is owned and operated by Gobilab.
The director of the publication is Mr. Samuel Degrémont
Hola@gobilab.com
Tel: 01 70 23 28 06
The host of the Site is SHOPIFY INC, a Canadian company whose head office is located at 151 O'Connor Street, Ottawa, Ontario K2P 2L8 (CANADA), and whose telephone number is 1-613-241-2828.
Article 1. Definitions
"Consumer": Any natural person who is acting for purposes that are not related to his commercial, industrial, craft, liberal, or agricultural activity;
"Non-professional": Any legal person who is not acting for professional purposes;
"Professional": Any natural or legal person, public or private, who is acting for purposes relating to their commercial, industrial, craft, liberal or agricultural activity, including when acting in the name of or on behalf of another professional;
" Product ": All Products offered for sale by Gobilab present in Gobilab catalogues, and in particular water bottles and other products marketed under the Gobi brand. These catalogues describe the Products, present their characteristics and determinethe corresponding prices;
" Order ": Document used by the Buyer to purchase Products. It specifies, in particular, quantities of Products purchased, the Price and any discounts, applicable penalties in the event of late payment, terms of delivery of the Products, date or times of delivery of Products;
" Conditions Générales de Vente "or " GCS "These General Terms and Conditions of Sale define the rights and obligations of the parties in the context of sales made on the website gobilab.com ;
" Delivery Time "The period between the date of Order Validation and the date of Delivery of the Order to the Customer;
" Shipping Costs": means the costs of transporting and delivering the Order to the shipping address indicated by the Customer;
" Shipping": means the dispatch of the product to the Customer;
" Product price": means the unit value of an item. This value includes all taxes and excludes shipping costs;
" Website "Online shop " gobilab.com "used by Gobilab to market its goods;
Article 2. General provisions
2.1 Purpose
These general terms and conditions of sale are entered into by Gobilab on the one hand, and by any consumer, non-professional or professional on the other hand (hereinafter referred to as "the Buyer"). the Buyer "or " the Customer ") wishing to make a purchase via the merchant website accessible at gobilab.com.
They establish the contractual relationship between Gobilab and the Buyer, exclusively applicable to any purchase made through the Gobilab Website.
The products and accessories offered on the gobilab.com are intended for the personal use of customers or their staff, agents, employees or trainees.
Thus, the Customers are forbidden to resell, rent or make available the product(s) to private or professional third parties, whether in part or in full, for a fee.
2.2 Acceptance of the general terms and conditions of sale
Placing an order on the Website implies the Customer's full and unreserved acceptance of these General Terms and Conditions of Sale.
The Buyer declares that he/she has read the general terms and conditions of sale and has accepted them without reservation before placing an order.
2.3 Scope of application
The present contractual provisions are only applicable to products ordered, delivered and invoiced to Buyers established in France, French overseas departments and territories, Monaco, the European Union, Switzerland, Norway and Iceland.
2.4 Changes to the online GTC
In view of the possible evolution of our Website, Gobilab reserves the right to modify the present General Terms and Conditions of Sale at any time.
In this case, the general terms and conditions of sale applicable are those in force on the date of the Order placed by the Buyer.
Article 3. Orders
The Customer's order is based solely on Gobilab's online catalog, which is available on the Site gobilab.com.
It is specified that any order placed through the Website is an order with obligation of payment.
Any order implies acceptance of the product description and the prices in force on the day of the order.
A Buyer, who wishes to purchase a product must
- Accept the present General Terms and Conditions of Sale;
- Fill in the identification form with all the required details;
- Select the shippingg method ;
- Validate your order after having checked it;
- Make the payment in accordance with the conditions;
- Confirm your order and payment.
The order will only be definitively registered after the last validation of the order summary screen.
Gobilab will send a confirmation of your order by e-mail.
The sale will only be considered definitive after the customer has received a confirmation of the Order and after Gobilab has collected the sums due (the full price).
Gobilab reserves the right to refuse any order for legitimate reasons and more particularly in the event that the quantities ordered are abnormally high compared to the quantities usually ordered by Buyers in their capacity as consumers, non-professionals or non-retailers. In such a case, Gobilab will contact the Customer to obtain further details on the purpose of the Order.
Confirmation of the Order implies that the Buyer accepts these General Terms and Conditions of Sale, acknowledges having read them and waives the right to invoke its own conditions of purchase or other conditions.
The computerized records, kept in Gobilab's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties.
Any request to modify the Order must be made by the Buyer via the Contact Formand is subject to prior acceptance by Gobilab.
Article 4. Products
The products offered are those listed in the catalogue published on the Gobilab website.
The essential characteristics of the products are described as precisely as possible for each product in the online catalogue.
The photographs in the catalogue or on the website are only indicative and do not constitute a contractual commitment by Gobilab to guarantee a perfect similarity between the product ordered and the product shown, in particular with regard to colours and dimensions.
All products are offered within the limits of available stocks. The product's availability is shown on the product sheet and updated in real-time.
In case of unavailability of the ordered product despite an indication to the contrary, Gobilab will immediately inform the buyer as soon as possible and will offer to provide a product of equivalent quality and price to replace the ordered product.
In case of disagreement by the Buyer, the unavailability of the ordered product will lead to the cancellation of the order and refund by Gobilab within fifteen(15) business days.
Article 5. Prices
- 1 Product prices
The selling price of the products is the one that you see on the product sheet of the website gobilab.com on the day the order is placed.
All our prices are in euros, tax inclusive (TTC). They take into account the VAT in force in France on the day of the order.
Any change in the rate may be reflected in the price of the products.
Indicated prices do not include order processing, shipping, and delivery costs, as stated in article 5.2 below.
Any promotional offer is only valid within the validity time limit of the relevant offer.
5.2 Fees
The telecommunication costs inherent in accessing the Website shall be borne exclusively by the Customer.
Shipping, delivery, or postage costs (plus any other costs incurred by Gobilab), of which the Buyer has been informed before ordering, are set out on the order form. They are the exclusive responsibility of the Buyer.
5.3 Price changes
Gobilab reserves the right to modify its prices at any time, for example and by way of example increases in the costs of raw materials, storage, delivery... it being understood that, in the event of a price increase subsequent to the order, only the price fixed on the day of this order will be applicable to the customer.
5.4 Terms of payment
The order price is payable at the time of ordering.
Payments will be made online, when ordering:
- Either by credit card via our payment partner, PAYPLUG;
- Or by the Paypal secure payment system which uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and no third party can access it during transport on the network.
An invoice will be sent to the Customer when Gobilab sends the Order confirmation e-mail.
Article 6. Delivery
6.1 Delivery times
Delivery times are indicated on our Website at the time of the Order and may vary depending on the delivery method chosen, the quantity of products to be delivered, and the delivery location.
Delivery time starts from the date of order confirmation by Gobilab.
Although they are indicative, Gobilab will do its best to respect the delivery times mentioned when you placed your order.
Non-compliance with delivery deadlines shall not give rise to compensation of any kind, nor shall Gobilab be held liable.
6.2 Place of delivery
Deliveries are made to the address indicated in the order confirmation e-mail, which can only be located in the agreed geographical area specified in article 2.3. Otherwise, the Order will be denied.
The place of delivery may also be a relay point (also known as Point Retrait, Point Colis, Relais Colis etc). The choice of the relay point is made when the Order is placed.
Delivery is made through a professional carrier commissioned by Gobilab.
6.3 Transfer of risk
Gobilab agrees to bear the risk of loss of or damage to the goods until receipt of the goods at the place of delivery indicated on the order form by the Customer or by any other person entitled to receive the goods, or on the date of first presentation of the Products by the carriers on the agreed delivery date.
6.4 Withdrawal of product after delivery
If the Customer is absent at the time of delivery or if it is impossible to deliver the Product to the address indicated, the carrier shall leave a notice of delivery at the address specified in the Order.
This notice will inform the Customer that the product has been delivered to a relay point, and will specify the address.
It will also specify the collection methods, and in particular the deadline for collecting the Product from the relay point chosen by the Carrier.
If the Product is not collected within the required period, it will automatically be returned to Gobilab, which will inform the Customer via the email address indicated at the time of the Order.
The Customer may choose to be refunded, or agree to a new delivery. In the latter case, the new delivery will be made at the Customer's expense.
Article 7 - Receipt of products
The Customer is obliged to check the condition of the packaging and the items received on delivery.
It is the Customer's responsibility to reject the package with the delivery person if the package is obviously damaged on delivery (open, broken products, etc.).
After opening the parcel, the Customer may make reservations or complaints if the products are not in conformity or have defects.
Such reservations and complaints must be addressed immediately to Gobilab via the Contact formForm, within three (3) business days after delivery of the Product(s).
The Buyer shall provide any justification as to the reality of the non-conformities, damage or defects noted.
After verification by the technical department and confirmation of the validity of the reasons for rejection by Gobilab, the disputed product will be returned to Gobilab at Gobilab's expense.
The Product will then be replaced as soon as possible, or, in the event of unavailability, the Buyer will receive a refund under the conditions defined herein.
If no complaint is made within the above-mentioned period and conditions, the products delivered shall be deemed to have been accepted by the Buyer.
Article 8. Legal guarantees
8.1 Product Compliance
Gobilab is obliged to deliver to the Consumer or Non-Professional a Product that complies with the legal requirements in force in accordance with Articles L.217-4 and L.217-5 of the French Consumer Code, and is liable for any defects in conformity existing at the time of delivery.
Upon receipt, the product delivered must be checked by the Consumer or Non-Professional under the conditions of Article 7 of these GTC.
In the event of Product non-compliance, the Consumer or Non-Professional has a period of two (2) years from the delivery of the goods to inform Gobilab via the Contact Form.
After confirmation that Gobilab has accepted the warranty, the Consumer or Non-Professional shall return the Product(s) to Gobilab, under the conditions set forth in Article 9 of these General Terms and Conditions of Sale.
In these circumstances, the Consumer or Non-Professional may request a Product return.
Only the spare part will be replaced if the defect concerns a spare part (seal, cap, filter, etc.).
8.2 Hidden defects
In accordance with the provisions of Article 1641 et seq. of the Civil Code, Gobilab is bound by the guarantee for hidden defects of the item sold which render it unfit for its intended use, or which diminish this use to such an extent that the Buyer would not have acquired it, or would have paid a lower price for it if he/she had known about them.
In case of non-compliance of a sold product, a complaint will have to be addressed by the Buyer using the Contact Form within two (2) years of discovering the defect. This claim must explain precisely the defect(s) of the product(s).
In the event of proven non-compliance of one or more products sold, the Buyer may :
- Either obtain a refund of the sale price of the product(s);
- Or keep the product(s) in exchange for a reduction in the sale price, the amount of which will be negotiated between the parties.
8.3 Exclusions
Not covered by the legal guarantees provided for in Articles 8.1 and 8.2:
- Normal wear and tear of Product (scratches, dents or breakage) ;
- Damage caused by misuse of the Product (contact with chemicals, medicines, contents left for several days, use in dishwasher, freezerbreakage due to a fall or a shock...) ;
- Negligence and lack of maintenance (odours or stains caused by poor maintenance, colours faded in the sun, screen or pad printing damaged by incorrect cleaning, loss of an accessory or part of the product)
- Disassembly, alteration or any modification to the Product.
More generally, failure to comply with the conditions of use and maintenance as they result from each product sheet available online on the Gobilab website will result in the cancellation of the warranty.
Article 9. Product return
In case of product non-compliance in nature or quality to the specifications mentioned in the order confirmation email, of defects or damages, the Customer shall inform Gobilab according to the above-mentioned modalities.
After verification and confirmation of the non-compliance, Gobilab accepts to pay the return shipping costs. To do so, Gobilab will provide the Customer with a return slip to be printed and glued on the package.
The Buyer must use the same method of delivery for the return of the Products as that chosen for the shipment of the Products ordered.
Any Product returned without the consent of Gobilab will be rejected and returned to the sender at the sender's expense and risk.
To be validly returned to Gobilab and/or exchanged, the products must not have been used. They must be returned intact in their original packaging with any accessories, user manuals and other documentation, unwashed.
Products returned without respecting the above conditions will not be eligible for a refund.
For more information, see the Return Policy.
Article 10. Right of withdrawal
The Consumer has a withdrawal period within thirty (30) days from the date of receipt of the order, in accordance with article L. 221-18 of the French Consumer Code.
However, under the terms of article L.221-28 3° of the French Consumer Code, this right of withdrawal does not apply to Orders for personalised Products.
To exercise his right of withdrawal, the Consumer shall inform Gobilab of his/her intention to withdraw by filling in the form available online Contact us (gobilab.com)and indicating that it is a request for return.
From the moment the withdrawal form is sent, the Consumer has period of fourteen (14) days to ship the product(s), together with a copy of the invoice, under the conditions set out in the aforementioned Article 9.
Gobilab undertakes to refund within fourteen (14) business days from the receipt of the product(s) and its validation, according to the initial payment method used at the time of purchase.
In accordance with the regulations in force, in case of damage or traces of wear on the returned products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these products, Gobilab may reduce the amount reimbursed accordingly or refuse the reimbursement as specified in Article 9.
Article 11. Liability
Gobilab's liability for any breach, negligence or fault in the performance of the services shall be limited to the amount received for the Orders in question.
Gobilab's liability shall be limited to proven fault or negligence and shall be limited to direct damage to the exclusion of any indirect damage of any kind.
Gobilab accepts no responsibility and shall not be liable for any damage caused to the purchaser or to a third party due to improper use of the product.
Gobilab's commitments constitute an obligation of means under the terms of which the services will be performed in strict compliance with the professional rules in use and, where applicable, in accordance with the conditions of these GTC and the order form.
Gobilab shall not be held liable in the event of non-performance or improper performance of the contract due either to the fault of the purchaser, or to the insurmountable and unforeseeable act of a third party to the contract, or to a case of force majeure, including, but not limited to, disasters, fires, internal or external strikes, internal or external failures or breakdowns, and generally any event that does not allow for the proper execution of orders
Gobilab makes every effort to ensure that the information on the Website is accurate and up to date, and reserves the right to modify it at any time and without notice. However, it cannot guarantee the accuracy, precision, or completeness of the information on the Website. Consequently, it declines all responsibility for any imprecision, inaccuracy, or omission in the information available, as well as any responsibility for damage resulting from fraudulent intrusion by a third party leading to a modification of the information contained on the Website, the loss of data or a breakdown in service.
Gobilab shall not be held responsible for the hypertext links set up within the framework of the present Website towards other resources present on the Website. Indeed, Gobilab has no means of controlling Websites connected to its Website, of which the Customer is expressly informed hereunder. Consequently, the risks linked to this use are fully incumbent on the Internet user, who must comply with the specific conditions of use of each Website.
The use and navigation of the Website are under the responsibility of the Buyer. Gobilab declines all responsibility and cannot be held responsible for any damage or virus that could affect the computer equipment or any other material when accessing the Website, using the Website or browsing the Website, downloading any content, data, texts, or images, or files from the Website.
In the same way, and as specified in article 4 of the present general conditions of sale, photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, Gobilab cannot be held responsible for any error in one of these photographs or texts.
Article 12. Processing of personal data
(CNIL declaration number: 1474152)
Some of the information provided by the Buyer to Gobilab when placing an order are personal data. These data are necessary for the realisation of the services and are only addressed to Gobilab.
By agreeing to these terms and conditions, the Buyer consents to Gobilab, as the data controller, storing and processing his/her data for the purpose of fulfilling the contract for the sale of the Products.
In accordance with the General Data Protection Regulation of 27 April 2016 (RGPD) and the amended Data Protection Act of 6 January 1978, the Buyer has a right of access, rectification, opposition, right to be forgotten and deletion concerning their personal data. He/she also has the right to limit the processing of data concerning him/her.
To exercise his/her rights, the Buyer may send an e-mail to Gobilab at the following address hola@gobilab.com.
Finally, any Buyer may lodge a complaint with the CNIL.
For more information on data processing, personal data management and the right of access, rectification, opposition or deletion, see our Gobilab Customer Privacy and Data Protection Policy.
Article 13. Intellectual property
The Buyer shall have no intellectual property rights on the products, packaging, wrappings, etc. Gobilab shall remain the exclusive owner of all such rights.
Any use, in any form and on any medium whatsoever, by the Buyer of the name "GOBI", as well as all trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images and logos appearing on the products, their accessories and their packaging, whether registered or not, is strictly prohibited.
The content and structure of the Website are protected by copyright globally.
As such, and in accordance with the provisions of the Intellectual Property Code, only private use is authorised.
Any reproduction or representation, in whole or in part, of an element of the Website (in particular any text, image, iconographic or photographic representation, brand or logo) for any purpose and on any medium whatsoever is prohibited.
Failure to comply with this prohibition constitutes an infringement that may incur the civil and criminal liability of the Buyer.
None of the provisions of these General Terms and Conditions of Sale may be interpreted as granting the Customer a licence to any intellectual property right.
Article 14. Applicable law - Complaints - Competent jurisdiction
The present online general terms and conditions of sale are subject to French law. The language of the contract is French.
Any complaint from the Buyer shall be addressed to Gobilab via the contact form on the Website.
In any event, in the event of a dispute relating to these General Terms and Conditions of sale, the parties will try to reach an amicable settlement.
Any difficulty arising from the execution, interpretation or termination of these General Terms and Conditions of Sale and the Orders arising therefrom, or more generally from the commercial relationship between Gobilab and the Buyer, which is not amicably resolved, shall be submitted to the competent courts of the place of residence of the defendant.
Article 15. Recourse to a Consumer Ombudsman
If the attempt at an amicable settlement fails, the Consumer may have recourse to a conventional mediation procedure or to any other alternative dispute resolution method, in particular by having recourse, free of charge, within one year of his/her complaint, to the competent consumer mediator in accordance with the provisions of Articles L.612-1 et seq. of the Consumer Code, whose contact details are as follows
Médiateur de la Fédération professionnelle du e-commerce et de la vente à distance (FEVAD)
60 rue de la Boétie - 75008 PARIS
mediateurduecommerce@fevad.com
The Consumer will also be able to access the European platform for online dispute resolution provided for in Regulation (EU) Noo 524/2013 of 21 May 2013 on the online settlement of consumer disputes, in particular cross-border disputes, accessible at the following address http://ec.europa.eu/consumers/odr/.
If this mediation fails, or if the Consumer refuses to have recourse to it, the Consumer is free to refer the matter to the competent court in accordance with Article 14 of these General Terms and Conditions of Sale.