Terms & conditions Philippe Gaber V11 - 24-10-2023

The present general conditions of sale, in force on the date indicated in the header, will be applicable as long as they appear on the Philippe Gaber.fr website (hereinafter referred to as the "Philippe Gaber Website"), and aim to define the terms of sale between Philippe Gaber and the customer, from the order to services, through payment and delivery.

To be honored by Philippe Gaber, your order will be taken into account only after you have ticked the box "I accept these Terms and Conditions".

The customer must confirm his commitment by clicking on the "Order with payment obligation" button. By clicking on Order with obligation of payment, the customer understands and accepts that the placing of an order requires its payment. Philippe Gaber makes it impossible to sell products without having previously accepted the clauses below. The customer declares to accept the order and the entirety of the general conditions of sale. When making the payment, the customer indicates that he accepts without reservation these terms and conditions.

In the event of a conflict of interpretation between the provisions of these conditions and a translation that would have been made in another language, the French version shall prevail.

Legal information

Owner : PHILIPPE GABER

Registered trademark : philippegaber® n°4659127

BUSINESS NAME / BRAND NAME : PHILIPPE GABER

Head office:  71 rue Saint Maur 75011 Paris - France  - Customer service+33 (0)1 56 98 05 21 (Non-surcharged and free according to operators)

SIRET : 512 746 900  - Code APE : 1413Z - Activité Craftsman - Individual entrepreneur

Intra-Community VAT : FR 65 512746900 

VAT Not applicable, art.293B du CGI

D-U-N-S® Number : 260926351 

Domain name : philippegaber.fr

Publication manager : PHILIPPE GABER - Webmaster : GABER PHILIPPE

Responsible for the protection and processing of GDPR data : GABER PHILIPPE  

Find all the information and your rights on this page: https://philippegaber.fr/fr/content/20-donnees-personnelles 

ARTICLE 1 - APPLICATION

These general conditions of sale are applicable to all sales of Products, via the Site, for delivery in: Metropolitan France, Dom, Corsica, Europe, and Outside the European Union, Asia (China, Japan, South Korea) ) America (USA, CANADA)

ARTICLE 2 - PRODUCT

Philippe Gaber's vocation is to offer for sale clothing and accessories for men and women as well as accessories.

The clothing and accessories available on the philippe online store are governed by these General Terms and Conditions of Sale as defined in Article L. 441-6 of the French Commercial Code.

All the products available on Philippe Gaber's website are entirely manufactured in Paris 71 Rue Saint Maur Paris 11 by Philippe Gaber.

Philippe Gaber communicates to the Customer, in a readable and understandable way: the essential information and characteristics of each product, the price, the manufacturing time or the immediate availability. However, if an error or omission could have occurred, the responsibility of Philippe Gaber can not be engaged.

For technical reasons, the actual rendering of the products may sometimes differ slightly from that of the photographs presented on the Site.

Photos and descriptive texts do not enter the contractual field.

Products are those listed for sale on the day of the consultation by the user.

ARTICLE 3 - PRICE 

The prices listed on the site are prices in Euros. All orders are payable in Euros (€). Any discount codes that may apply do not apply to delivery charges, with the exception of specific free delivery coupons.

They can not be refunded.

Philippe Gaber reserves the right to change prices at any time. However, these prices can not be changed once the order has been validated.

The price excludes shipping and packaging costs. The prices indicated do not take into account the shipping costs which will be added to the total of the order and will be specified to the customer during the final validation of his order.

The amount of shipping costs depends on the country of delivery and the mode of transport chosen. The products remain the property of Philippe Gaber until the payment of the price. The prices charged are those in effect at the time of the order.

Outside the European Union, customs duties may be required. All orders placed on the site and shipped outside France may be subject to taxes or customs duties. These delivery costs are the responsibility of the customer and are his responsibility.

Philippe Gaber is not obliged to inform the User of the taxes or customs duties applicable to the countries of delivery.

ARTICLE 4 : CREATION OF CUSTOMER ACCOUNT

The site is freely accessible without registration, but any order requires the registration of the customer. The personal information we collect is collected through forms and through the interactivity established between you and our website.

These data are only collected by Philippe Gaber to process your order and will not be used for any other purpose.

4.1 - THE DATA NECESSARY FOR YOUR Account and Order :

We collect the following mandatory and important information to complete the delivery and order tracking:

Name

First name

Address

Postal Code / City / Country

email address

Telephone number (valid to be contacted by Philippe Gaber for any precision on the order or be contacted by the carrier during the delivery to ensure your presence during the passage to deposit your order)

Gender / Sex (Not required - the field can be left empty)

Age / Date of Birth (Not required - the field can be left empty)

These data are only collected by Philippe Gaber to process your order and will not be used for any other purpose.

The customer must complete the following fields * Mandatory information: name, first name, complete delivery address, e-mail and a telephone number (mobile or landline). The personal information we collect is collected through forms and through the interactivity established between you and our website.

Your details are in no way transferred to business partners.

Your personal data will remain confidential and will be kept by Philippe Gaber safely over a period of five (5) years for an order placed by the customer and for one (1) year if the customer has not placed orders.

The computerized registers, stored in Philippe Gaber's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.

The customer may enter a different address for delivery and billing. The order can only be registered on the site if the customer is clearly identified by the entry of his e-mail address and password which are strictly personal.

4.2 - We use this data to: 

- Process your order and make it

- Management of your customer account, shopping cart and orders

- Send you an e-mail summary of your order accompanied by these terms and conditions.

- Give you necessary details on your order. Manage delivery, order tracking and after-sales service

Inform you and send an e-mail concerning the progress of your order (status of your order):

_ Payment accepted and summary of your order + General Terms and Conditions

_ On-going preparation,

_ During manufacture,

_ Ready for delivery

In the course of delivery with the tracking number of your order.

- Ship your order via our service providers for which, it is important to complete your order, to communicate your address and telephone number to allow the good delivery of your order and to allow the carrier to contact you in case of absence and schedule a new delivery or receive new information to complete the delivery of your order.

- Contact you and exchange with you about your order, answer your questions and queries.

- Allow the carrier to contact you in case of absence during delivery

- Solicit yourself by sending an e-mail and collect your testimony and your opinion on your order.

- Check your identity and fight against fraud when paying the order, or using your account.

4.3 - Shelf life of your data 

Your personal data will remain confidential and will be kept by Philippe Gaber safely over a period of five (5) years for an order placed by the customer and for one (1) year if the customer has not placed orders.

When an order is placed by you, all necessary information required to process your order (Name / first name + delivery address Phone No. / Email) can only be erased after processing your order and once your Shipped. We will delete all your data on request once you have received your order.

Attention: when an order is validated all your data necessary for the order and billing must be kept for a period of five (5) years in accordance with Article L110-4 of the Commercial Code. Beyond this deadline, Philippe Gaber will permanently delete these data.

Regarding the Delivery Provider: Post office: The retention period of your Personal Data depends on the service subscribed. The La Poste Group undertakes not to keep your Personal Data beyond the time required to provide the service, plus the retention period imposed by the applicable rules on legal prescription.

4.4 - Your Personal Data and your rights

Any natural person using the service has the right to exercise his rights of access, rectification, opposition and deletion in the processing of his data in accordance with Articles 38 to 40 of the Law of 6 January 1978.

In application of the regulation 2016/679 of April 27, 2016, the natural person can exercise his right to the limitation of treatment, the erasure of his data and the portability from May 25, 2018. These rights can be exercised with Philippe Gaber who collected your data

Attention: when an order is validated all your data necessary for the order and billing must be kept for a period of five (5) years in accordance with Article L110-4 of the Commercial Code. Beyond this deadline, Philippe Gaber will permanently delete these data.

4.4.1 The right of access 

You can directly ask the person in charge of a file if he has information about you (website, store, bank ...), and request that you be given all this data. The exercise of the right of access makes it possible to check the accuracy of the data and, if necessary, to have them rectified or deleted.

The right of access "direct" is provided by Articles 39, Article 41, Article 42 of the Act of 6 January 1978 amended.

We are committed to recognizing a right of access and rectification to data subjects wishing to consult, modify or delete information concerning them.

From your customer account at any time you have the right to recover the data you have provided on our site. Click on "Export my data" to download a copy of your personal data in a PDF or CSV file.

The exercise of this right will be done by contacting the person in charge: GABER PHILIPPE

Write to the file manager to ask him to send you a copy - in plain language - of all the data he has about you. The CNIL offers a mail generator that will help you to formulate your request. Attach to this letter the black and white copy of a piece of identification with mention of your dates and places of birth to prove your identity to the person in charge of the Philippe Gaber file. Keep a copy of your steps: Take a screenshot using the "Print Screen" key at the top right of your keyboard (PC) or with the keyboard shortcut cmd + SHIFT + 4 if you have a Mac. Or send your request by mail with an acknowledgment of receipt which will prove if necessary the date of your step.

4.4.2 The right of rectification

You may request the correction of inaccurate information about you. The right of rectification completes the right of access. It prevents an organization from processing or spreading false information about you.

Article 40 of the amended law of 6 January 1978 allows any person to rectify, complete, update, lock or erase information concerning him or her when they are: erroneous, inaccurate, incomplete, out of date or data whose collection, use, communication or conservation is prohibited.

From your account, you have the right to change any personal information on the "My Account" page. At any time you have the right to recover the data you have provided on our site. Click on "Export my data" to download a copy of your personal data in a PDF or CSV file.

For any other request you may have regarding the rectification and / or erasure of your personal data:

The exercise of this right will be done by contacting the person in charge: GABER PHILIPPE

Write to the organization that holds the information to ask it to correct information about you. The CNIL offers a mail generator that will help you to formulate your request. Your mail must be signed. Your request for rectification can also be presented on site.

Justify your identity with Philippe Gaber. Philippe Gaber will ask you for a photocopy of your identity card to prove that you are the owner of the account you want to change. Philippe Gaber will examine your request and answer you as soon as possible.

Attention: when an order is validated all your data necessary for the order and billing must be kept for a period of five (5) years in accordance with Article L110-4 of the Commercial Code. Beyond this deadline, Philippe Gaber will permanently delete these data.

4.4.4 The right to erasure 

You can request the deletion of your Personal Data From your account, you have the right to change any personal information on the "My Account" page. At any time you have the right to recover the data you have provided on our site. Click on "Export my data" to download a copy of your personal data in a PDF or CSV file.

For any other request you may have regarding the rectification and / or erasure of your personal data:

The exercise of this right will be done by contacting the person in charge: GABER PHILIPPE

Write to Philippe Gaber to ask him to correct information about you OR not to appear in his files. The CNIL offers a mail generator that will help you to formulate your request. It is important to indicate the legitimate reasons for your objection. Your mail must be signed and you must specify the address to which the response of the organization must be sent.

Attach proof of identity.Your request must be accompanied by a photocopy of an identity document bearing your signature.

Attention: when an order is validated all your data necessary for the order and billing must be kept for a period of five (5) years in accordance with Article L110-4 of the Commercial Code. Beyond this deadline, Philippe Gaber will permanently delete these data.

4.4.5 The right to portability

You can ask Philippe Gaber to recover your Personal Data in order to dispose of it.

From your account, you will have the possibility to export your data in PDF or CSV format

The exercise of this right will be done by contacting the person in charge: GABER PHILIPPE

Write to Philippe Gaber to ask him to correct information about you.

Write to the organization to ask him not to appear in his files. The CNIL offers a mail generator that will help you to formulate your request.

4.5 - Responsible for data protection and processing 

Protection and data processing (RGPD) at Philippe Gaber:

For any questions relating to the processing of your personal data

you can contact GABER PHILIPPE

by phone at 0156980521

By email / Email: philippe (at) philippegaber (dot) fr

By mail to the attention of GABER PHILIPPE / 71 RUE SAINT MAUR 75011 PARIS - France

ARTICLE 5 : REGISTERING AN ORDER: 

Orders are placed in French language and in € (Euros). The customer does not have to wait for other customers to buy the same product for it to be manufactured. Only the customer's order validates the manufacture of the product of his choice.

In accordance with the provisions of Article 1369-2 of the French Civil Code, the Customer will have the possibility, before finalizing his Order, to return to the previous pages and to correct and modify his Order and the information provided before confirming it. to express his acceptance.

Philippe Gaber's website has a secure SSL connection with a certificate when the customer arrives in the summary of the order. Customers who place an order directly on Philippe Gaber's website must follow the following procedure:

5.1.1 - ADD TO CART

Philippe Gaber's vocation is to offer for sale clothing and accessories for men and women as well as accessories.

The clothing and accessories available on the philippe online store are governed by these General Terms and Conditions of Sale as defined in Article L. 441-6 of the French Commercial Code.

All the products available on Philippe Gaber's website are entirely manufactured in Paris 71 Rue Saint Maur Paris 11 by Philippe Gaber.

Philippe Gaber communicates to the Customer, in a readable and understandable way: the essential information and characteristics of each product, the price, the manufacturing time or the immediate availability. However, if an error or omission could have occurred, the responsibility of Philippe Gaber can not be engaged.

For technical reasons, the actual rendering of the products may sometimes differ slightly from that of the photographs presented on the Site.

Photos and descriptive texts do not enter the contractual field.

Products are those listed for sale on the day of the consultation by the user.

5.1.2 - CREATE A CUSTOMER ACCOUNT

You can find all the precise information in Article 4 (above) on the creation of your account and the data necessary for the creation of your account allowing us to: manage your order and allow the good delivery of it this.

These data are only collected by Philippe Gaber to process your order and will not be used for any other purpose.

Your details are in no way transferred to business partners.

Your personal data will remain confidential and will be kept by Philippe Gaber safely over a period of five (5) years for an order placed by the customer and for one (1) year if the customer has not placed orders.

The computerized registers, stored in Philippe Gaber's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.

The customer may enter a different address for delivery and billing. The order can only be registered on the site if the customer is clearly identified by the entry of his e-mail address and password which are strictly personal.

5.1.2 - THE DATA NECESSARY FOR YOUR ORDER

We collect the following mandatory and important information to complete the delivery and order tracking:

Name; First name; Address; Postal Code / City / Country; email address

Telephone number (valid to be contacted by Philippe Gaber for any precision on the order or be contacted by the carrier during the delivery to ensure your presence during the passage to deposit your order)

Gender / Sex (Not required - the field can be left empty)

Age / Date of Birth (Not required - the field can be left empty)

These data are only collected by Philippe Gaber to process your order and will not be used for any other purpose.

The customer must complete the following fields * Mandatory information: name, first name, complete delivery address, e-mail and a telephone number (mobile or landline). The personal information we collect is collected through forms and through the interactivity established between you and our website.

Your details are in no way transferred to business partners.

Your personal data will remain confidential and will be kept by Philippe Gaber safely over a period of five (5) years for an order placed by the customer and for one (1) year if the customer has not placed orders.

The computerized registers, stored in Philippe Gaber's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.

The customer may enter a different address for delivery and billing. The order can only be registered on the site if the customer is clearly identified by the entry of his e-mail address and password which are strictly personal.

5.1.2.2 - We use this data to:

- Process your order

- To contact you and to exchange with you about your order or to answer to your particular requests, to exchange on measurements (sizes) or personalization requested

- Give you necessary details on your order.

- To inform you about your order and its progress (statutes): payment accepted, preparation in progress, in the course of manufacture, in the course of delivery, to communicate to you the N ° of follow-up of your order. E-mails accompanied by Terms and Conditions and Policy

- Ship your order we give our carriers this information to allow delivery.

- Allow the carrier to contact you in case of absence during delivery

- Send you an e-mail to collect your testimonial on your past order.

- Allow you to manage your manage your account

- FOR any order placed on Philippe Gaber's online store, we send you a dematerialized invoice by e-mail, an e-mail summarizing your order.

- To send you an e-mail to solicit your testimony and opinion on your order.

5.1.2.3 - Retention period of your data:

Your personal data will remain confidential and will be kept by Philippe Gaber safely over a period of five (5) years for an order placed by the customer and for one (1) year if the customer has not placed orders.

When an order is placed by you, all necessary information required to process your order (Name / first name + delivery address Phone No. / Email) can only be erased after processing your order and once your Shipped. We will delete all your data on request once you have received your order.

5.1.3 - DELIVERY ADDRESS:

Once the customer has been identified, the customer will have to validate the delivery address, his contact details and the delivery address of the parcel. The customer must ensure the conformity of each information provided when ordering. This information is essential to carry out the delivery of the order by the service providers:

Last name First Name; Postal address + additions and access; Postal Code + Country; email address; Phone number

The customer can modify his information simply by clicking on the modify button during his registration. The products are delivered to the address indicated by the Customer on the order form. The Customer must verify the completeness and conformity of the information it provides and ensure that the carrier has been chosen.

Philippe Gaber can not be held responsible for any typing errors and the consequences of late or incorrect delivery. In this context, all costs incurred for the return of the order will be entirely the responsibility of the Customer. For delivery, a phone number where the customer will be easily reachable will be requested and required.

5.1.4 - CHOICE OF DELIVERY MODE:

Once the customer has been identified, the customer will have to validate the delivery address, his contact details and the delivery address of the parcel. Philippe Gaber offers you several choices on the types of deliveries according to the modalities and the list below.

The means of delivery and prices will be displayed according to your address indicated in advance. The customer must ensure the conformity of each information provided when ordering. The customer can modify his information simply by clicking on the modify button during his registration. The products are delivered to the address indicated by the Customer on the order form. The Customer must verify the completeness and conformity of the information it provides and ensure that the carrier has been chosen.

Philippe Gaber can not be held responsible for any typing errors and the consequences of late or incorrect delivery. In this context, all costs incurred for the return of the order will be entirely the responsibility of the Customer.

5.1.5 - ORDER WITH PURCHASE OBLIGATION

By clicking on the "Order with payment obligation" button, the Customer must, after having read these General Terms and Conditions of Sale, tick the box "I have read and I accept the General Conditions of Sale".

The Customer will then be considered as having accepted the present General Conditions of Sale and the fact that his order implies a payment obligation. The order will be considered firm and final by Philippe Gaber as soon as the payment is made and validated.

These terms and conditions of sale and right of withdrawal are available on durable support on the site of Philippe Gaber and will be sent in the mail summary of your order, one to download the pdf is also available.

ARTICLE 6 : VALIDATION OF THE ORDER

6.1 ONLINE SHOP ORDER

The order can only be registered on the site if the customer is clearly identified by the entry of his e-mail address and password which are strictly personal. Once the user has been identified, he will have to validate the delivery address.

To be honored and taken into account, the customer must confirm his commitment by clicking on the button "Order with payment obligation" the customer understands and agrees that the placing of an order requires its payment.

The customer therefore understands that this order requires immediate payment for the order to be taken into account. Any order implies acceptance of prices and description of products available for sale. Once the payment made or choice of payment method by check or bank transfer for the order, a summary of the order is immediately sent by e-mail to the address provided by the customer.

The Customer must therefore provide a valid e-mail address when completing the fields relating to his identity. A second e-mail will be sent to the customer regarding the payment: Either a confirmation e-mail via PayPal with a transaction number or Either the information for payment by check or bank transfer.

In accordance with the provisions of Article L.122 1 of the Consumer Code, Philippe Gaber has the right to refuse any order for a legitimate reason, in particular in case of payment problem, foreseeable delivery problem, abnormal order or in bad faith, or where applicable, to request proof of identity. When making the payment, the customer indicates that he accepts without reservation these terms and conditions.

6.2 ORDER by poor or AT THE WORKSHOP

Any order taken by Philippe Gaber by phone or live at the workshop are subject to payment and will also be governed by these terms and conditions of sale. Orders can only be validated for production if payment has been made.

Philippe Gaber does not give credit. To validate the order, Philippe Gaber will require the customer all the necessary information and requires the registration of the customer. Are required in a mandatory way: title, surname, name, email, phone and address and the delivery address.

Philippe Gaber will apply the same prices as those listed on the online store. All orders placed by telephone and live from the workshop can not be subject to the right of withdrawal in accordance with the provisions of Article L 121-20 of the Consumer Code.

In accordance with the provisions of Article L.122 1 of the Consumer Code, Philippe Gaber has the right to refuse any order for a legitimate reason, in particular in case of payment problem, foreseeable delivery problem, abnormal order or in bad faith, or where applicable, to request proof of identity.

Philippe Gaber may be required to create a customer account on the shop and create the order allowing traceability of the order, with receipt of e-mails confirming the order and acceptance of the terms and conditions of sale (conditions that will be transmitted and addressed to the customer.

To be honored and taken into account, the customer must confirm his commitment "Order with obligation of payment" the customer understands and agrees that the placing of an order requires its payment. The customer therefore understands that this order requires immediate payment for the order to be taken into account.

For a direct order made at the workshop by appointment, Philippe Gaber will send an SMS / SMS message on the phone number given by the customer with the subject: Validation of order containing the content of the order + customization, the total amount on payment method of the order, the date of appointment at the workshop confirm with the client for his arrival at the workshop. This message will also include the mention if customization of the product requested by the customer and in accordance with the provisions of Article L 121-20 of the Consumer Code does not allow the right of withdrawal and in particular that the customer has 12 hours to cancel this order (exception made due to the taking order in live at the workshop, the order is with obligation of payment and beyond this delay, the customer has for obligation to regulate this order.

6.3 ORDER BETWEEN PROFESSIONALS 

6.3.1 TERMS OF PAYMENT

The payment is cash and will be done before sending the goods. Philippe Gaber also offers 60% down payment and 40% on delivery. It is also possible, upon request from Philippe Gaber and in some cases, to settle the entire order on receipt.

Payment will be made by bank transfer or via PayPal (+ 2.5%) The rate at the penalties from 30 days date of invoice in the absence of payment is of 11%

The amount of the lump sum indemnity for recovery costs provided for in the 12th paragraph of I of Article L. 441-6 is fixed at 40 euros.

6.3.2 CONDITIONS OF DISCOUNT:

The financial discount of 2%, is granted only for orders over 6 000 € HT with a cash payment by transfer, by credit card upon receipt of invoice.

6.3.3 Right of withdrawal not applicable:

The right of withdrawal can not apply, in accordance with the provisions of Article L 121-20 of the Consumer Code: as amended by the ordinance n ° 2001-741 of August 23, 2001 stipulates that the withdrawal period is fourteen days (14 days), and the withdrawal is in particular excluded (Article 121-20.2 3rd paragraph) for contracts for supplies of goods clearly personalized or made according to the specifications of the Customer.

6.3.4 PRODUCTS ET EXPLOITATION

In any case, the products sent by Philippe Gaber can not be distorted from the Philippe Gaber Brand.

Removing the Philippe Gaber Brand label, removing information regarding the Origin of manufacture and the product as well as the card with the composition and maintenance. Denature packages and boxes sent by Philippe Gaber.

It is forbidden to exploit in any form and by any means whatsoever creations, clothes, the name of Philippe Gaber.

Philippe Gaber is responsible for informing you that, in the event of an infringement of his rights, he will use all legal means useful for safeguarding his interests.

Such actions would indeed constitute acts of copyright infringement, punishable by Articles L. 335-2 et seq. Of the Intellectual Property Code.

Philippe Gaber reserves the right to reduce or stop the production of any of its products at any time, to change the appearance or nature of the products or to substitute or add new items to the range of its products.

6.3.5 APPLICABLE LAW

Philippe Gaber makes impossible the sale of products without having previously accepted the clauses above.

By the commitment with the mention good for Agreement, the company declares to accept the order and the entirety of the general conditions of sale.

These general conditions of sale are governed by French law. Subject to contrary provisions of the Code of Civil Procedure, Any dispute that may arise concerning the validity, interpretation or execution of these terms and conditions of sale and which has not been settled amicably by the parties to this agreement , will be submitted to the French courts, notwithstanding plurality of PARTIES, REFERE or expertise.

In case of dispute, the courts of Paris will be competent.

Provisions applicable to companies resident in a Member State of the European Union «Art. L. 211-18. - Where the law governing the contract is that of a State not belonging to the European Union, the Client may not be deprived of the protection provided by the provisions made by a Member State of the European Union pursuant to of Directive 1999/44 / EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale and warranties of consumer goods which are mandatory when the contract is closely related to the territory of that Member State. Proof of communications, orders and payments between the parties.

ARTICLE 7 :  PAYMENT 

Order with obligation of payment, the Customer must, necessarily, after having read these General Conditions of Sale, check the box "I have read and I accept the Terms and Conditions".

The Customer will then be considered as having accepted the present General Conditions of Sale and the fact that his order implies a payment obligation.

The order will be considered firm and final by Philippe Gaber as soon as the payment is made and validated.

The amount owed by the customer is the amount indicated in the order confirmation.

No orders will be taken into account and manufactured if the customer does not make the payment at the time of the passage of the order that it is by means of this site, by telephone or directly to the workshop.

To ensure the security of payments, Philippe Gaber's website has a 128/256-bit SSL encryption certificate.

Your card number is never transmitted or used as it is but has a secure encryption and encryption system. You can oppose the communication of your data, knowing that the non-transmission of these data prevents the realization and the analysis of your transaction and will lead us to suggest you another mode of payment.

The occurrence of an unpaid due to the fraudulent use of a credit card will result in the registration of details in connection with your order associated with this unpaid within a payment incident file. An irregular declaration or an anomaly may also be the subject of a specific treatment.

According to the information provided by the order analysis system, we may contact you to ask for additional parts. The supply of these parts is in this case a condition sine qua non to the validation of your order.

PHILIPPEGABER | https:// || Paiements sécurisés

7.1 PAYMENT:

The methods of payment offered on the philippe gaber website are:

Philippe Gaber | https: // || Secure payments

Instant SSL payment via Braintree (credit card or with your PayPal account)

Payment by bank transfer

7.1.1 PAYMENT BY CREDIT CARD" 

In order to ensure the security of payments, Philippe Gaber uses the service provider Braintree, Braintree is a PayPal service.

Braintree's environment meets the highest standards and guidelines of the industry. Braintree is a validated PCI DSS Level 1 compliant service provider and is on Visa's list of compliant service providers and MasterCard's list of service providers.

Braintree allows you to pay with the services: via your PayPal account, Apple Pay, Google Pay, Venmo, CB, VISA, MASTERCARD, MAESTRO, AMERICAN EXPRESS, DINERS CLUB AND DISCOVER. For the US, EUROPE, ASIA PACIFIC, AUSTRALIA AND CANADA.

Braintree does not stock raw magnetic stripe, card validation code or PIN block data.

The cardholder data is managed in the Braintree vault, using multiple encryption keys with split knowledge and dual control.

Your information and credit card details are in no way transmitted to Philippe Gaber.

3D Secure: During the ordering process, a search determines if the card is eligible to use 3D Secure. If the holder needs to authenticate using 3D Secure, the Braintree SDK displays a web page provided by the card issuer. For a Card Payment, the 3D SECURE protocol is used, and secure, indeed, when you have provided the information of your credit card, and confirm the payment, The 3D Secure protocol is put in place to guarantee a totally secure transaction . Braintree then opens the authentication page of your bank, to identify you and provide secure identifiers and set up with it. 3D Secure which will be the only way to validate your payment.

When you place an order in payment card at Philippe Gaber, our order taking system connects in real time with the Braintree system that collects your data and carries out various checks to avoid abuse and fraud.

In addition to the credit card number, the expiry date of the card and the three digits of the security code (printed on the back of the card), the user may have to enter a password, or a dynamic code to Disposable.

If the authentication or the validation of your payment fails you will receive the information that your payment has been refused and will not validate your Order.

The data is stored on Braintree servers using multiple encryption keys with split knowledge and dual control and is never transmitted to Philippe Gaber's servers at any time.

Braintree applies for authorization from the bank and sends Philippe Gaber a transaction number that allows operations up to the amount of the authorization. The customer will receive an e-mail with the subject Transaction receipt from Braintree this e-mail contains the transaction number, the amount of the order and its reference, the name of the card: XXXX XXXXX, Credit Card Ends With 0000

Braintree acknowledges that it is responsible for the security of customer cardholder data that it owns or otherwise stores, processes or transmits on behalf of the merchant, or to the extent that it could impact the security of the cardholder. client card data environment.

In order to be able to debit the account during the invoicing or to credit it following a return, Braintree / PayPal keeps the banking data associated with the authorization number, the time necessary to the realization of the transaction (payments after shipment of the goods ) and the treatment of any claims (returns, litigation).

The totally secure Braintree platform can be used on web browsers, IOS and Android mobile devices. The transaction is at no cost to the customer.

The currency used when paying by credit card is EUROS.

7.1.2 PAYMENT BY BANK TRANSFER:

The customer must confirm his commitment by clicking on the button "Order with payment obligation" the customer understands and agrees that the placing of an order requires its payment. The order will be validated and manufactured when we receive your bank transfer.

When ordering by having chosen payment by bank transfer, you will receive the information: Numbers in IBAN + BIC format To allow you to transfer to your bank. The bank transfer is not done by Philippe Gaber's website.

The customer must make the transfer himself to his bank.

Your order will be reserved 72h so that you have the time to send us the transfer.

7.1.3 PAYMENT BY  calling PhilippeGaber 

If you experience difficulties during your order, you can contact Philippe Gaber by phone at 0156980521 to validate and pay your order.

Philippe Gaber can accept a payment by phone via your credit card, The payment platform used by Philippe Gaber, is Braintree PayPal service a totally secure way of payment and SSL.

None of your information will be kept by Philippe Gaber, who will proceed to the receipt of your payment by card. Philippe Gaber will explain the procedure at this time. Everything is implemented for total security during this transaction.

The transaction is at no cost to the customer.

The currency used for payment is EUROS.

Once your payment has been accepted and validated, you will receive an e-mail with the subject: Transaction receipt. Philippe Gaber will ensure the receipt of this e-mail before confirming your order because it is the receipt of your payment by credit card which must be carefully archived. Upon confirmation of your order, Philippe Gaber, will send you an e-mail confirmation of your order and will confirm all its content.

7.1.4  PAYMENT AT THE WORKSHOP

Methods of payment accepted at the Workshop, are Payment by card, cash or check according to terms and conditions. The order will be validated only manufactured upon receipt of payment. For a payment by check, the delay will be longer indeed, Philippe Gaber, will validate your order as soon as the check will be deposited and validated. Payment is on the order and not on receipt of the order.

An order at the workshop is also governed by these terms and conditions of sale. Which will be relayed to the customer for validation and confirmation of the order.

Philippe Gaber will also require an identity document to verify the identity and signature if the payment is made by signature.

When paying by card to the workshop Philippe Gaber will ask the customer once the payment validated to enter his e-mail address to send the customer the receipt of his purchase. Philippe Gaber has no access and does not store any personal data or any card number of the customer.

ARTICLE 8: TRACKING THE ORDER 

The Customer can follow the status of his order by consulting the "My Account" section; For any question relating to the follow-up of his order, the Customer can contact Philippe Gaber. The customer is informed by email on the progress of his order with the statutes:

TRACKING ORDER STATUS :

  1. 1 In preparation (preparation of the order, cut, ..)
  2. In the course of production (product in progress by Philippe Gaber
  3. Ready for delivery (the product is manufactured and will be prepared for shipping)
  4. In the course of delivery (available for a withdrawal workshop by appointment or order deposited at the post office and being delivered the tracking number of the package is available)
  5. Book

ARTICLE 9 : DELIVERY

The delivery being ensured by a third party provider, the Customer acknowledges and accepts that Philippe Gaber can not be held responsible if the non-performance or the bad execution of this obligation is attributable to the Customer or to the fact of a third party to the contract or a case of force majeure.

Philippe Gaber can not be held responsible for any typing errors and the consequences of late or incorrect delivery. In this context, all costs incurred for the return of the order will be entirely the responsibility of the Customer.

The delivery period announced does not take into account the time of manufacture and the possible retention of the parcel in customs, this delay is not predictable. Philippe Gaber will inform the customer by email of the current delivery.

The manufacturing time is specified for each product available for sale on Philippe Gaber's website. Manufacturing times are worked days (is not manufactured on Sundays and public holidays). If a manufacturing time is 2 to 3 working days, it is necessary to add the manufacturing time to the delivery time.

For delivery by courier in Paris, the manufacturing time is to be taken into account, Philippe Gaber strives to minimize the manufacturing time and send as soon as the order is ready by courier.

The customer will be informed and contacted by Philippe Gaber communicating the day of delivery. the day of delivery, the customer will be informed of the time of delivery the delay is from One to three hours depending on the availability of delivery. At any time the customer can contact Philippe Gaber to know more about the delivery procedure by Coursier. If the order is urgent at the request of the customer, a fixed and priority surcharge amounting to € 25 will be applied by Philippe Gaber to treat and manufacture the order in priority and ship the order by courier in the shortest time as agreed with the customer .

9.1 Data required to make the delivery

To be able to ship and to allow the good delivery of your order, we are obliged to collect the information required by our delivery service providers:

For a letter followed by La Poste:

Are only required your Your NAME - FIRST NAME and ADDRESS + COUNTRY

For a shipment against signature Colissimo / Chronopost / FeDex / DHL / Chronorelais /

- Mr Mr NAME + FIRST NAME

- your ADDRESS / COUNTRY + access code if necessary

- Phone number or reach you (more for customs formalities if needed)

- E-mail adress

This information, requested and sent by Philippe Gaber to receive the delivery note and the tracking number, is sent to our service providers: Post (letter followed) and Boxtal (Colissimo / Chronopost / FeDex / DHL / Chronorelais / ..)

The post: https://www.laposte.fr/particulier/politique-de-protection-des-donnees

Boxtal is committed to processing your data in a fair and lawful manner and respecting your rights. The exercise of your rights will be done in compliance with the conditions provided by Law 78-17 of January 6, 1978 amended by sending us your request by mail to BOXTAL - 4 bd des Capucines - 75009 Paris or by phone at +33 (0 ) 1 75 77 37 97 or by email at contact@boxtal.com.

9.1 The manufacturing lead time:

The manufacturing time is specified for each product available for sale on Philippe Gaber's website. Manufacturing times are worked days (is not manufactured on Sundays and public holidays). If a manufacturing time is 2 to 3 working days, it is necessary to add the manufacturing time to the delivery time.

For delivery by courier in Paris, the manufacturing time is to be taken into account, Philippe Gaber strives to minimize the manufacturing time and send as soon as the order is ready by courier.

The customer will be informed and contacted by Philippe Gaber communicating the day of delivery. the day of delivery, the customer will be informed of the time of delivery the delay is from One to three hours depending on the availability of delivery. At any time the customer can contact Philippe Gaber to know more about the delivery procedure by Coursier. If the order is urgent at the request of the customer, a fixed and priority surcharge amounting to € 25 will be applied by Philippe Gaber to treat and manufacture the order in priority and ship the order by courier in the shortest time as agreed with the customer .

9.2 DELIVERY METHODS:

Philippe Gaber offers delivery according to the following providers and according to the possibilities at the time of your order according to rates and delivery times respectively according to the provider.

Colissimo in France delivered without signature with tracking number

Letter FOLLOWED in Metropolitan France

Colissimo in France and Europe with signature

RELAY Chrono

Withdrawal Atelier Paris 11 by appointment only

Chronopost FRANCE

FEDEX for EU, OUTSIDE EU + USA, CANADA, ASIA, AUSTRALIA

9.3 DELIVERY AREAS:

Metropolitan France, Andorra - Monaco

Dom-Tom Guadeloupe, French Guiana, Martinique, New Caledonia, French Polynesia, Réunion, Saint Barthelemy, Saint Martin, Saint Pierre and Miquelon

Europe & Switzerland: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Spain, Portugal, Czech Republic , Romania, the United Kingdom, Slovakia, Slovenia, Sweden and Switzerland, (including San Marino, the Vatican and Liechtenstein, excluding Monaco and Andorra which are treated as national mail).

Outside the European Union, Norway, Maghreb, Eastern Europe Moldova - Turkey - Morocco - Tunisia - Macedonia - Man Island - San Marino - Norway - San Marino - Montenegro - Algeria - Norway

USA Canada Australia - Japan - South Korea - China - Near and Middle East.

9.4: SHIPPING COSTS:

The amount of delivery depends on the weight of the package, the country of destination and possibly the delivery method. The cost of delivery is not included in the price of the product offered for sale on the Site. It is applied in addition, and posted at the bottom of each basket, at the time of the order.

Shipping costs include packing, handling and postage. They can contain a fixed part and a variable part according to the price or the weight of your order.

9.5 CUSTOMS FEES

All orders placed on the site and shipped outside France may be subject to taxes or customs duties.

These delivery costs are the responsibility of the customer and are his responsibility.

Philippe Gaber is not obliged to inform the User of the taxes or customs duties applicable to the countries of delivery.

9.6 DELIVERY DELAY

During periods of high affluence, end-of-year celebrations, the announced deadlines can be lengthened (both for the production lead times and for delivery times) The delivery times do not include the manufacturing time indicated on the page product.

The delivery period announced does not take into account the time of manufacture and the possible retention of the parcel in customs, this delay is not predictable. Philippe Gaber will inform the customer by email of the current delivery.

The delivery will occur at the latest within thirty (30) days of the order, except contrary provision of which the Customer will be informed before the placing of his order, indicating then an average time of delivery. During periods of high affluence holiday season, sales, promotions announced deadlines can be extended.

For Metropolitan France, parcels are usually delivered within 2 to 5 business days of the date of shipment without the manufacturing time indicated on the page of each product. If the customer is not present at the presentation of the package to the delivery address, a notice will be filed by the Carrier in the mailbox of the recipient to inform him.

The customer, with an identity document, must then claim his parcel at the post office indicated on the notice of passage at the latest within two (2) weeks. The delivery time is calculated based on the postal code, the filing deadline and the postal zip code.

Upon receipt of this e-mail, the Customer may take into account the delays of the carriers announced on the order page and in his order summary in his account area. Philippe Gaber informs his customers that these delivery times do not include Sundays and public holidays. From the beginning and until its arrival, you have the possibility to follow your parcel: http://www.colissimo.fr/portail_colissimo/suivre.do?language=fr_FR http: //www.csuivi.courrier.laposte. fr / # http://chronopost.fr

9.7 DELIVERY :

During periods of high affluence, end-of-year celebrations, the announced deadlines can be lengthened (both for the production lead times and for delivery times) The delivery times do not include the manufacturing time indicated on the page product.

In the event of delay of delivery compared to the announced deadlines Philippe Gaber suggests at first to the Customer to check with the carrier that the parcel is not pending, then if necessary to contact the Customer Service or Philippe Gaber

The Customer will have the option of canceling his order if the delivery thereof has not taken place at the latest on the delivery date initially indicated to the Customer and subject to a delay resulting neither from the Customer nor from the Customer. a case of force majeure.

The Customer must declare the loss within 10 days of receipt of Philippe Gaber's dispatch notice. Philippe Gaber will then make the necessary claims to the carrier concerned. If the parcel is found, it will be forwarded immediately to the Customer's home.

If within fourteen working days and not due to a case of force majeure, the parcel is not found, the Customer may request the return of the same product at the expense of Philippe Gaber or refund the amount paid.

If the product (s) ordered were no longer available at that time, Philippe Gaber will reimburse the Customer for the amount of the products concerned by the loss of the carrier in order to open a litigation or investigation file to search the package.

9.8 REMOVAL FROM THE PHILIPPE GABER WORKSHOP : 

Philippe Gaber invites you to come for free and only on Rendez-vous your order at 71 rue Saint maur Paris 11e (Metro 3 - Rue Saint Maur) and this, after having fixed and confirmed the appointment.

Free and By appointment the order is available after the manufacturing time indicated on the product page. The order will be given to the client according to his availability and appointment agreed with Philippe Gaber.

Once your order is ready for delivery, the customer receives an email to warn of this status. At this time, the customer can contact Philippe Gaber to arrange the appointment either by mail @ Philippe Gaber.fr workshop or by phone at 0156980521.

The client undertakes to honor and respect the appointment, the time of the appointment and will notify Philippe Gaber of any delay or impossibility to come. Philippe Gaber will confirm the appointment and provide you with all the necessary information. Attention, the address is not a shop, I am happy to welcome you to my home. Possibility of payment by credit card, cash or check on the spot.

9.9 RECEIPT OF PRODUCTS BY CUSTOMER:

All packages must always be received with the mention "subject to" in addition to your signature. In case of damaged package, add a precise and detailed description Date and sign your comments. This is valid for all carriers: Chronopost, Colissimo, DHL, TNT, Fedex.

In case of omission of this mention, the carrier reserves the right to reject any compensation or claim.

For all malfunctions, contact us quickly by email or phone! Each case being different, it will allow us to quickly assess the situation and explain the procedure to follow. Make sure to contact us within 24 hours of receiving the package. Beyond this deadline, no more claims will be taken into account.

If the damage is too important, you must refuse the package. In case of loss of the package during transport, the investigation times may vary between carriers and take one to three weeks.

For any information on the follow-up of your order (late carrier, infos parcel, ...), you can contact Philippe Gaber by mentioning your name and your number of order.

In the case of a letter Suive, there is no compensation in case of non receipt by the Customer of his order. The letter followed and Colissimo Non AR are delivered in box to the letter without signature. No insurance or compensation is provided by the Post Office. Philippe Gaber offers these two services at the request of customers, but Philippe Gaber does not encourage use of these delivery methods that have no guarantees or insurance.

ARTICLE 10 : RIGHT TO RETRACT

10.1 RIGHT TO RETRACT :

For products without manufacturing delays, the customer has a period of fourteen days (14 days) from the day of the order to exercise his right of withdrawal.

For products made to order with a time of manufacture, said tailor-made and personalized, the right of withdrawal can not apply, in accordance with the provisions of Article L 121-20 of the Consumer Code.

If the product is sold without manufacturing delay, the customer has fourteen days (14 days) from the day of the order to inform Philippe Gaber of his intention to give up the purchase without having to justify his decision or to support other costs than those provided for in Articles L. 121-21-3 to L. 121-21-5.

The customer without having to justify his decision will nevertheless specify the number of the order and his wish: to exchange a product - to receive a Credit - or the Refund according to the modalities To apply his right of retractation with Philippe Gaber, the customer disposes of the following means : by mail: atelier @ Philippe Gaber.fr by phone: 0156980521 or from his customer area or simply via the contact form

Philippe Gaber will acknowledge receipt and will promptly send the customer an acknowledgment of receipt of the retraction on a durable medium in this case by e-mail. Philippe Gaber will however ensure that the law is applicable for the product ordered by the customer and if it is not a custom-made product. The customer is responsible for the return shipment of products to Philippe Gaber.

Will be refused by Philippe Gaber: To be accepted by Philippe Gaber: all items and packaging must be returned in their original condition as received by the customer. Only items returned in their original packaging (box, pouches, gift boxes, gift boxes, tissue paper ribbons ...) will be accepted. The customer must return the order in which he received it and without removing a single item. All the articles having been worn and / or washed, damaged boxes, any product not having remained in the conditions of origin as Philippe Gaber gave it to the customer.

Any damaged item that has not been the subject of remarks or express reservations by the customer upon delivery or that is not returned under the conditions as Philippe Gaber to ship, will be refused. Philippe Gaber reserves the right to accept or refuse the returned item based on its quality.

Philippe Gaber may make a discount on the product and its value if it is damaged. If you retract, we will refund all monies paid, including delivery charges with the exception of the delivery charges offered and additional charges due under your option for an express delivery method or other than standard delivery. that we propose, without delay and in any event within 14 days from the day we were informed of your decision to retract.

If the customer wishes, Philippe Gaber will be able to make a credit for the purchase of another product on the site of Philippe Gaber equivalent to the totality of the sums paid including the expenses of delivery with the exception of the delivery costs offered and additional costs due under your option for an express delivery method or other than the standard delivery that we offer, without delay and in any event within 14 days from the day we were informed of your decision of you retract.

We will make this refund using the same payment method as you used for the original transaction, unless you expressly agree that we will use another payment term or Have; in any case, this refund will not cause any costs for you. We may defer reimbursement until we have recovered the goods or provided proof of shipment of these products, whichever is the earlier.

10.2 RIGHT OF WITHDRAWAL NOT APPLICABLE :

Products made to order with a time of manufacture, said custom-made and personalized, the right of withdrawal can not apply, in accordance with the provisions of Article L 121-20 of the Code of Consumption.

Art. L. 121-21-8. - 3 ° The right of retraction can not be exercised for goods made according to the Customer's specifications or clearly personalized; Sealed products that have been unsealed after delivery and can not be returned for reasons of health protection or hygiene.

As amended by the ordinance n ° 2001-741 of August 23rd, 2001 stipulates that the period of retractation is of fourteen days (14 days), and the retraction is in particular excluded (article 121-20.2 3rd paragraph) for the contracts of supply goods clearly personalized or made according to the Customer's specifications, especially for custom-made and non-standard measurement items.

Thus no withdrawal period will be granted for custom-made items. The time of manufacture, you order, I manufacture your product with a time of manufacture. This approach is totally innovative because it allows you to know who and how your order is manufactured. Therefore, Philippe Gaber will manufacture your order with the possible options and according to the terms of your order. The right of withdrawal will not apply but the customer will have the opportunity to exchange it for another size unless the product is fully personalized with the embroidered initials, a particular size called "tailor-made"

Is considered custom customization by Philippe Gaber: The initials of the customer embroidered on a scarf, a tie, a T-shirt or any other product. A specific length of tie requested by the customer, A product specially made at the request of the customer and made to the customer's measurements (shirt, t-shirt, jeans, special tie or bowtie). Product made in a fabric other than those proposed by Philippe Gaber. The product is therefore identified and personalized to the initials of the customer, Philippe Gaber will not be able to reorder and resell the product thereafter.

Return / withdrawal form 

Order number :

Description (s) the article (s):

Price:

Delivered on:

Observations:

No and First name of the buyer:

Address of the buyer:

Done at, the

Client's signature

10.3 CUSTOMIZATION:

Personalized Items can not be refunded or exchanged. The articles are manufactured at the express request of the customer, and very clearly identifiable by the initials embroidered on a product, a product said to measure or according to the express request of the customer on the modification of an existing and adapted size will not be able to subject of an exchange or a refund because the products can not be resold by Philippe Gaber unlike a non-personalized product. (Philippe Gaber reserves the right to accept or not to re-manufacture a product or not)

Art. L. 121-21-8. - 3 ° The right of retraction can not be exercised for goods made according to the Customer's specifications or clearly personalized; Sealed products that have been unsealed after delivery and can not be returned for reasons of health protection or hygiene.

As amended by the ordinance n ° 2001-741 of August 23rd, 2001 stipulates that the period of retractation is of fourteen days (14 days), and the retraction is in particular excluded (article 121-20.2 3rd paragraph) for the contracts of supply goods clearly personalized or made according to the Customer's specifications, especially for custom-made and non-standard measurement items.

Thus no withdrawal period will be granted for custom-made items. The time of manufacture, you order, I manufacture your product with a time of manufacture. This approach is totally innovative because it allows you to know who and how your order is manufactured. Therefore, Philippe Gaber will manufacture your order with the possible options and according to the terms of your order. The right of withdrawal will not apply but the customer will have the opportunity to exchange it for another size unless the product is fully personalized with the embroidered initials, a particular size called "tailor-made"

Is considered custom customization by Philippe Gaber: The initials of the customer embroidered on a scarf, a tie, a T-shirt or any other product. A specific length of tie requested by the customer, A product specially made at the request of the customer and made to the customer's measurements (shirt, t-shirt, jeans, special tie or bowtie). Product made in a fabric other than those proposed by Philippe Gaber. The product is therefore identified and personalized to the initials of the customer, Philippe Gaber will not be able to reorder and resell the product thereafter.

11 EXCHANGE & RETURN

The customer has fourteen days (14 days) from the date of receipt to inform Philippe Gaber of his intention to exchange a product. Beyond this deadline Philippe Gaber will no longer consider the request. All products may be exchanged except for those bearing a contrary mention as personalization said "custom-made" by Philippe Gaber.

11.1 DEMANDE D’ÉCHANGE 

The customer will be able to exchange for the same product in another size Or to exchange for another product of his choice, or to request a credit or the refund equivalent to the totality of the sums paid including the expenses of delivery except for the expenses of delivery offered and additional charges due under your option for an express delivery method or other than the standard delivery that we offer.

It is essential that the customer makes a return request by email from his customer area to obtain a return authorization number and for exchanges.

The exchange will be done only once. The client has the following means: by mail: atelier @ Philippe Gaber.fr - by phone: 0156980521. From his client area or simply via the contact form. The customer will however have to announce his new choice concerning the size, the desired new product or the request to have or refund.

11.2 CONFIRMATION :

Philippe Gaber will acknowledge receipt and will immediately send the customer an acknowledgment of receipt of the exchange request on a durable medium in this case by e-mail. Philippe Gaber will ensure however that the law is applicable for the product ordered by the customer and if it is not a custom-made product.

Meanwhile Philippe Gaber will manufacture the new product requested in exchange by the customer. It will be shipped after receipt of the product returned by the customer. If the customer adds a personalization such as: embroidered initials, a measurement according to the measurements of the customer, a precise length or any other request denaturing the product and becoming according to the precise request of the customer, the product will not be able to do any more.

11.3 PRODUCT RETURN : 

The customer must return or return his order to Philippe Gaber without undue delay and, at the latest, within fourteen days of the communication of his decision to carry out an exchange. The deadline is respected if you send the products before the expiry of the period of 14 days. The customer must return at his own expense his order to the following address: To make a return, the customer must inform the customer service by mail or phone and send the package to the address that will be communicated to him: Philippe Gaber 71 RUE SAINT -MAUR 75011 Paris - France

Return costs will be borne by the customer. Please note that we do not accept parcels sent collect. The customer is responsible for the return shipment of products to Philippe Gaber.

1.4 CHECK FOR ACCEPTANCE OR REFUSAL OF RETURN:

To be accepted by Philippe Gaber: all items and packaging must be returned in their original condition as received by the customer. Only items returned in their original packaging (box, pouches, gift boxes, gift boxes, tissue paper ribbons ...) will be accepted. The customer must return the order in which he received it and without removing a single item. Will be refused by Philippe Gaber: All the articles having been worn and / or washed and / or ironed, damaged boxes, all products not having remained in the conditions of origin as Philippe Gaber gave it to the customer. Any product returned with a missing item. Any damage committed by the customer voluntarily or involuntarily on the product and packaging.

Any damaged item that has not been the subject of remarks or express reservations by the customer upon delivery or that is not returned under the conditions as Philippe Gaber to ship, will be refused. Philippe Gaber reserves the right to accept or refuse the returned item based on its quality. Philippe Gaber may make a discount on the product and its value if it is damaged.

11.5 RETURNS OF NEW PRODUCT:

Once the product has been exchanged by Philippe Gaber, Philippe Gaber will manufacture the new product requested in exchange by the customer. It will be shipped after receipt of the product returned by the customer. It will be shipped and will manufacture the new product at the expense of Philippe Gaber after receipt of the product returned by the customer.

11.6 Credit:

If the customer wishes, Philippe Gaber will be able to make a credit for the purchase of another product on the site of Philippe Gaber equivalent to the totality of the sums paid including the expenses of delivery with the exception of the delivery costs offered and additional costs due under your option for an express delivery method or other than the standard delivery that we offer, without delay and in any event within 14 days from the day we were informed of your decision of you retract.

The validity period of the credit will be unlimited and will be in the form of a code given to the customer. The code will be used by the customer when he places a new order on Philippe Gaber's website (code to enter in the code area below the order summary). The calculation will be immediate and the reduction equivalent to the amount paid by the customer for his present order exchanged version have. This sum will be deducted from the chosen product. The code is only valid once. If the customer makes a purchase less than the sum of the assets available to him, Philippe Gaber can offer to make him another credit or refund the rest of the credit according to the terms of Article 10.6 refund these general conditions of sale.

The customer may at any time contact Philippe Gaber for further information or special requests from the customer.

11.7 REMARQUE :

EXCHANGE SHALL BE ONLY ONE TIME. AN EXCHANGED ARTICLE WILL NOT BE EXCHANGED OR REFUNDED. PHILIPPE GABER INVITES SO THE CUSTOMER WELL MAKE SURE TO ASK AND CHECK WITH Philippe Gaber SA REQUEST.[/info_list_item][/info_list][ultimate_spacer height="10"]

ARTICLE 12 :  Guarantee 

12.1 RIGHT OF COMPLIANCE AND WARRANTY :

Philippe Gaber guarantees that the Products manufactured by him are in conformity with the intended use, and do not present defects or hidden defects rendering them dangerous or unfit for their normal use. The buyer is exempted from showing proof of the lack of conformity of the good during the six months following the delivery of the good. This period is extended to twenty-four months from March 18, 2016. Philippe Gaber will be able to combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.

Products ordered on the Site must be delivered without defects of conformity, in accordance with the provisions of articles L. 211-4 and following of the Code of the consumption.

The legal warranty of conformity excludes damages due to natural wear and tear, improper use and lack of maintenance or inadequate maintenance. In the same way, goods that have been washed or worn are excluded from this guarantee. The legal guarantee of conformity applies independently of any commercial guarantees. In addition, the resolution of the sale can not be pronounced if the lack of conformity is minor. The action in default of conformity is prescribed by two years from the delivery of the goods.

In the event of a product that does not comply with the information given at the time of presentation of the Products on the Site, and in accordance with Article L.211-5 of the Consumer Code, or if these Products have hidden defects referred to in Article 1641 of the Civil Code, they will be refunded to the Customer within a maximum period of thirty (30) days, subject to compliance with the conditions mentioned below.

12.1.B RIGHT OF RETURN:

In case of receipt of a non-compliant Product, the Customer is authorized to return the non-conforming Product to Philippe Gaber within thirty (30) days after receipt of the Product. Return costs will be borne by the customer. Please note that we do not accept parcels sent by postage due. The customer is responsible for the return of products to Philippe Gaber.

Philippe Gaber will check the non-conformity of the Product which, if confirmed, will automatically result in reimbursement to the Customer. This refund will be made on the bank account debited when ordering the Product within thirty (30) days after the receipt by Philippe Gaber of the non-compliant Product. This refund will also include the refund of the initial delivery costs if all the Products delivered are returned.

If the entire order is not returned in its entirety, no refund of the initial delivery costs will be made. Any risk related to the return of the Product remains the responsibility of the Customer. Philippe Gaber will refuse: any damaged item that has not been the subject of remarks or express reservations by the customer upon delivery. All the articles having been worn and / or washed, damaged boxes, any product not having remained in the conditions of origin as Philippe Gaber gave it to the customer.

12.3 PRODUCT RETURN :

The customer must return or return his order to Philippe Gaber without undue delay and, at the latest, within fourteen days of the communication of his decision to carry out an exchange. The deadline is respected if you send the products before the expiry of the period of 14 days. The customer must return at his own expense his order to the following address: To make a return, the customer must inform the customer service by mail or phone and send the package to the address that will be communicated to him: Philippe Gaber 71 RUE SAINT -MAUR 75011 Paris - France

Return costs will be borne by the customer. Please note that we do not accept parcels sent collect. The customer is responsible for the return shipment of products to Philippe Gaber.

ARTICLE 13: COMPUTING AND FREEDOMS

13.1 - PRIVACY POLICY & PERSONAL DATA:

Respect for privacy is a key issue for Philippe Gaber. Faced with the development of new communication tools, it is necessary to pay particular attention to the protection of privacy. Therefore, we are committed to respecting the privacy of the personal information we collect. Philippe Gaber may collect personal data about the Client. We collect the following information:

Name; First name; Address; Postal code; email address; Phone / fax number; Age / date of birth

The personal information we collect is collected through forms and through the interactivity established between you and our website. We also use, as described in the next section, cookies and / or logs to gather information about you. These data are only collected by Philippe Gaber to process your order and will not be used for any other purpose. Your details will not be transferred to business partners or any other companies.

Your personal data will remain confidential and will be stored by Philippe Gaber safely over a period of 10 years. The computerized registers, stored in Philippe Gaber's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.

Your personal information is collected through a form, namely: Website Registration Form + Order Form. We use the collected information for the following purposes: Tracking the order + Information / Promotional offers + Contact

Your information is also collected through the interactivity that may be established between you and our website as follows: Contact and Information or for promotional offers (newsletter).

4.3 - Retention period of your data: 

Your personal data will remain confidential and will be kept by Philippe Gaber safely over a period of five (5) years for an order placed by the customer and for one (1) year if the customer has not placed orders.

When an order is placed by you, all necessary information required to process your order (Name / first name + delivery address Phone No. / Email) can only be erased after processing your order and once your Shipped.

We will delete all your data on request once you have received your order

Attention: when an order is validated all your data necessary for the order and billing must be kept for a period of five (5) years in accordance with Article L110-4 of the Commercial Code. Beyond this deadline, Philippe Gaber will permanently delete these data.

Regarding the Delivery Provider:

Post office: The retention period of your Personal Data depends on the service subscribed. The La Poste Group undertakes not to keep your Personal Data beyond the time required to provide the service, plus the retention period imposed by the applicable rules on legal prescription.

COOKIES:

By accessing the Site, the User is granted a limited use license for the said Site. This license confers on the User a limited, non-exclusive right of use and for his private use only, on the content of the Site.

All elements of the site Philippe Gaber.fr, such as visuals, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of Philippe Gaber. The user who has a personal website and who wishes to place, for personal use, on his site a simple link directly to the site of Philippe Gaber.fr, must necessarily seek prior permission from Philippe Gaber.

On the other hand, any hyper text link to the site Philippe Gaber and using the technique of framing, deep-linking, in-line linking or any other deep link technique is in any case formally prohibited. the cases, any link, even tacitly authorized, will have to be withdrawn on simple request of Philippe Gaber. Hyper text links can refer to other sites than Philippe Gaber. The latter disclaims any liability in the event that the content of these sites violates the laws and regulations in force.

You are free to refuse our Cookies if your browser or add-ons permit, except if our Cookies are required for the proper functioning of the site, prevent fraud or provide security. However, refusing our Cookies may interfere with your use of our site and Philippe Gaber's Services.

We place cookies of functionality necessary for the good functioning of the site Philippe Gaber

Certain features of this site (sharing of content on social networks, direct reading of videos, payment by credit card, connection to the PayPal account required to prevent fraud or ensure the security of sites that we control.) Rely on services offered by third party sites. These features deposit cookies allowing these sites to trace your navigation. These cookies are only deposited if you give your consent. You can inform yourself about the nature of the cookies deposited, accept or reject them either globally for the entire site and all services, or service by service.

13.5 SÉCURITÉ 

Philippe Gaber's website uses an encrypted connection.

The encryption with a digital certificate guarantees the confidentiality of the data when sending and receiving from the website https www.Philippe Gaber

Thawte, Inc. has identified www.Philippe Gaber.fr as belonging to Philippe Gaber in Paris, FR.

SSL Certificates with Extended Validation (SSL SSL) Extended Validation provides proof that you can make transactions securely with Philippe Gaber.

The SSL certificate with EV for philippe Gaber provided by Thawte® activates the most visible security indicator: the green address bar in high security browsers, ensuring users that the www.Philippe Gaber.fr website is reliable and that the identity has been authenticated to the highest standards of the industry.

We protect our customers with up to 256-bit encryption and 3 algorithms, while providing visual proof that you are truly on Philippe Gaber's website. Encryption is the "secret code" used to keep online communications private when a web browser and web server are talking together.

The personal information we collect is kept in a secure environment. People working for us are required to respect the confidentiality of your information. To ensure the security of your personal information, we use the following measures: Secure Sockets Layer (SSL) + Computer Backup + Username / Password

We are committed to maintaining a high degree of confidentiality by incorporating the latest technological innovations to ensure the confidentiality of your transactions. However, since no mechanism offers maximum security, there is always a risk involved when using the Internet to transmit personal information.

ARTICLE 14 :  INTELLECTUAL PROPERTY

COPYRIGHT

In accordance with Article L. 111-1 of the Intellectual Property Code, Philippe Gaber is the original owner of all copyright in his works by the mere fact of their creation. Since the assignment of copyrights can only take place under the conditions of Articles L. 131-1 et seq. Of the Intellectual Property Code, Philippe Gaber remains the owner of the rights in all his creations. You are therefore prohibited from using in any form or by any means whatsoever the creations of Philippe Gaber without his express authorization.

Such actions would indeed constitute acts of copyright infringement, punishable by Articles L. 335-2 et seq. Of the Intellectual Property Code.

It is forbidden to exploit in any form and by any means whatsoever creations, photographs, concept, ideas, ties, scarves, accessories, clothes of Philippe Gaber. Philippe Gaber is responsible for informing you that, in the event of an infringement of his rights, he will use all legal means useful for safeguarding his interests. All products and accessories Philippe Gaber (photos, graphics, ties, models, scarves, T-shirts, jeans, bermudas, leather goods, ...) are registered models.

REPRODUCTION - REPRESENTATION

Any reproduction or representation, in whole or in part, of the site, or any of the elements that compose it, on any medium whatsoever, and in any form whatsoever, for other purposes, including commercial, is expressly prohibited. Any unauthorized use constitutes an infringement punishable by law. The Site is an open mind protected by the law of intellectual property.

The Site and each of the elements that make it up (such as brands, logos, photographs, images, illustrations, models, clothing, accessories, graphics, text motifs, video clips) are the exclusive property of Philippe Gaber, the only one authorized to use the rights of intellectual property and related personality rights, the latter granting no license or any other right than that to consult the site: Philippe Gaber.fr and all its subdomains.

The reproduction of all documents published on the site is only authorized for the exclusive purposes of information for a strictly personal and private use.

ARTICLE 15 : RESALE 

Philippe Gaber reserves full exclusivity and distributes his products only in his own online shop. Philippe Gaber does not allow any marketing of his products other than through Philippe Gaber. It is forbidden to resell one of its products for various reasons after the withdrawal period and the time allowed for exchanges. Resale with a margin, applied VAT and price lower or higher than Philippe Gaber's prices is strictly prohibited.

ARTICLE 16 : EVIDENCE AGREEMENT

The writing in electronic form will be a valid proof of the rights and / or obligations of the parties to these general conditions of sale and use. The computerized records stored in Philippe Gaber's computer systems under reasonable security conditions are considered as proof of communications, orders and payments between the parties.

ARTICLE 17 PRODUCTS MANUFACTURED IN PARIS

Global organic textile Standard 

GOTS is an abbreviation of GLOBAL ORGANIC TEXTILE STANDARD, the GOTS reference system takes into account the entire textile production process, covering: Integrity and traceability of raw materials; The respect of environment; Consumer health; Social criteria

The mention 'Organic Textiles': requires that 95% of the fibers come from organic farming

The fabrics and products offered by Philippe Gaber with the GOTS Mention are clearly identified on the site. The information concerning the certification certificate is indicated on the product sheet. Each certificate provided for the fabric is scrupulously checked by Philippe Gaber. Philippe Gaber can not be held responsible if the fabric loses its certification and certification between the manufacture and the reception of the product by Philippe Gaber. The act of certification is on the moment of the order and acts on your product. No compensation will be made to the customer for any labeling lost by a fabric supplier and weaver. Philippe Gaber strives to respect his commitments and to offer the most eco-responsible element.

PRODUCTS MANUFACTURED IN ORDER: 

Any order for a product with a lead time on the shop of Philippe Gaber, will be taken into account and only manufactured as soon as the customer has confirmed his commitment by clicking on the button "Order with obligation of payment that the execution of an order obliges to its payment.

The customer does not have to wait for other customers to buy the same product for it to be manufactured. Only the customer's order validates the manufacture of the product of his choice. This is a service offered by Philippe Gaber that will allow the customer to customize his product if he wishes. You order, I make, allow a customization of the customer for example: add his embroidered initials on a scarf, t-shirt, tie, choose a length of tie or a width of tie. It is therefore important to take into account the time of manufacture to estimate your delivery time.

All the operations that follow the cut of the fabric of your sweatshirt are carried out on the French territory by Philippe Gaber, Location: ATELIER 75011 PARIS

So a COMPLETE CONFECTION of your sweatshirt in PARIS - FRANCE.

CREATION / PATRONNAGE / GRADATIONS: ATELIER 75011 PARIS

CUTTING / ASSEMBLY / FINISHING: WORKSHOP 75011 PARIS

SWEAT-SHIRT MADE IN FRANCE: YES, because All the operations that follow the cut of the fabric of your sweatshirt are carried out on the French territory by Philippe Gaber, Location: ATELIER 75011 PARIS

So a COMPLETE CONFECTION of your sweatshirt in PARIS - FRANCE.

PACKAGING / Departure for DELIVERY: ATELIER 75011 PARIS

PACKAGING / PAPER used: FRANCE - Recycled paper FSC + ECOLABEL

The mention 'Organic Textiles': requires that 95% of the fibers come from organic farming

TIME OF MANUFACTURE / AVAILABILITY OF PRODUCTS:

Unless otherwise stated, the products offered by Philippe Gaber are not available immediately. Being manufactured to order, the manufacturing time is specified for each product sheet available for sale on Philippe Gaber's website. Manufacturing times are worked days (is not manufactured on Sundays and public holidays). It is therefore important to take into account the time of manufacture to estimate your delivery time.

The manufacturing time may vary depending on the number of orders Philippe Gaber has to manufacture. If the manufacturing time proves to be longer, due in particular to a large number of orders, Philippe Gaber, will immediately inform the customer by email. During periods of high influx Christmas and New Year, the announced deadlines can be lengthened. The deadline will not exceed 20 days. The customer can contact Philippe Gaber by mail or by phone for more details on the delay and can see the arrangements with Philippe Gaber regarding his order and apply the withdrawal and refund after the deadline.

AVAILABILITY OF PRODUCTS IN LIMITED EDITION 

All products offered by Philippe Gaber are limited edition. To allow the customer to have the opportunity to wear an exclusive product, they are available in limited edition this mention: "limited edition of xx copies" is indicated on the product pages. Once the limited edition is over, the product will display end of the limited edition. At this moment the product is definitely put at the end of sale and list in the category they have existed. A customer may not require Philippe Gaber a product whose limited edition is completed.

Product customization

All products available on the shop of Philippe Gaber, can be customized by the customer. Customization is not mandatory, the customer has the option to choose the product manufactured by default and without any customization.

Is considered customization Dit "tailor made" by Philippe Gaber: The initials embroidered on a scarf, a tie, a T-shirt or any other product. A specific length of tie requested by the customer, A product specially made at the request of the customer and made to the customer's measurements (shirt, t-shirt, jeans, special tie or bowtie). All Products made in a fabric other than those proposed by Philippe Gaber. A precise model developed especially at the request of the customer. In these cases, the right of withdrawal can not apply. Exchange and refund not possible.

When making the payment, the customer indicates that he accepts without reservation these terms and conditions.

ARTICLE 18 ORDER BETWEEN PROFESSIONALS / RESELLERS (BtoB) 

PhilippeGaber understood by Professionals: The reseller or Point of Sale wishing to resell the products of the House PhilippeGaber. Companies wishing to make a product especially for them, for an event, corporate gifts.

ORDER below 1500 Euros

The order process is done: from the online site of philippegaber.fr, by email or by phone with Philippe Gaber.

Any order not exceeding 1500 Euros, imposes a total cash payment to the order.

No down payment will be offered. No two-step billing will be offered. Philippe Gaber will send the customer an invoice including the description of the order, the total amount and the method of payment desired by the customer. It is only upon receipt of the total payment of the invoice or the notice of payment by transfer that Philippe Gaber, will order the fabrics and proceed to manufacture the Customer's order.

Any late payment of the invoice, will have a direct consequence on the time of purchase of the supplies and the manufacture of the order of the customers. Thus any delay in payment implies a delay reviewed by Philippe Gaber, and a date readjusted for the delivery of the Customer's order.

The customer will be kept informed of the progress of his order (by email and phone The customer also has the opportunity to come to Philippe Gaber's workshop to follow its progress.

As soon as the customer's order is ready Philippe Gaber, will inform and communicate to the customer the tracking number of the chosen carrier.

B ORDER higher than 1500 Euros

Philippe Gaber, prepares a quote that will be addressed to the customer, taking the order desired by the customer, the total amount and the deposit of 60% and 40%. The quote will be returned to the attention of Philippe Gaber, with the signature of the responsible or representative of the customer accompanied by the words: "good for agreement.

This quote returned by the customer will then be accepted by Philippe Gaber.

If the customer wants the documents necessary to create a Supplier account within his company, it is important to specify in the Philippe Gaber before the quote, thus allowing to transmit all documents in addition to the quote.

The order will only be taken into account upon receipt of the first deposit paid by the Customer. Indeed, Philippe Gaber will have to buy all the supplies and the fabrics necessary for the manufacture of this one.

It is therefore very important to note that if the delays for the creation of the supplier account as well as the first settlement of the down payment take time, Philippe Gaber can not be held responsible for the delays caused for this administrative act on the Client side.

Also Philippe Gaber, will redefine the estimated time of delivery upon receipt of payment.

As soon as the first payment of the deposit is made, Philippe Gaber will proceed to the purchase of the supplies and the manufacture of the order. As soon as the order is ready for delivery, Philippe Gaber, will notify the Customer that his order is ready to be shipped. At this time, Philippe Gaber will require payment of the balance of the invoice before delivering the order.

For ease of shipping, it is quite possible to send Philippe Gaber a notice of transfer on the balance of the invoice. Philippe Gaber will then communicate the tracking number of the order that will be sent as soon as the payment information has been received.

The customer will be kept informed of the progress of his order (by email and phone The customer also has the opportunity to come to Philippe Gaber's workshop to follow its progress.

6.3.2 TERMS OF PAYMENT

The payment is cash and will be done before sending the goods. Philippe Gaber does not accept payment by check

The payment of a professional order is made only by: Bank transfer, Paypal or Payment by Credit card on the site. All payments are in Euros. No other currency than Euros is accepted.

For countries outside the European Union, all transaction costs, bank, conversion, file are the responsibility of the Customer. Philippe gaber does not accept any payment with fees increasing the total order.

Payment via Paypal for customers outside the European Union additional charges apply: EUR 3.99 for any amount over 100 Euros in addition to 3.4% transaction fees. If the transaction is supplied in a currency other than the euro, the amount will be converted into an equivalent amount in euros, calculated according to the base transaction rate.

If the payment of the deposit or payment of the invoice is not made in the time and time requested by Philippe Gaber, will in no case respect and honor the final date of delivery desired by the Customer. The number of days late payment will be taken into account to recalculate the new delivery date; The rate at penalties from 30 days date of invoice in the absence of payment is 15%. The amount of the lump sum indemnity for recovery costs provided for in the 12th paragraph of I of Article L. 441-6 is fixed at 40 euros.

6.3.3 CONDITIONS OF DISCOUNT:

The financial discount of 2%, is granted only for orders over 6 000 € HT with a cash payment by transfer, by credit card on receipt of invoice.


6.3.4 Droit de rétractation non applicable :

The right of retraction can not apply, in accordance with the provisions of article L 121-20 of the Consumer Code: as modified by the ordinance n ° 2001-741 of August 23rd, 2001 stipulates that the time of retractation is fourteen days (14 days), and the withdrawal is in particular excluded (Article 121-20.2 3rd paragraph) for contracts for the supply of goods clearly personalized or made according to the specifications of the Customer.

6.3.5 product operations

In any case, the products sent by Philippe Gaber can not be denatured the Philippe Gaber Brand.

PhilippeGaber does not manufacture a white product without a PhilippeGaber label. PhilippeGaber forbids: The withdrawal of the label Philippe Gaber, distort products manufactured for the Professional Client as well as for packaging, boxes, cards Philippe Gaber.

It is forbidden to exploit in any form and by any means whatsoever the creations, the clothes, the name of Philippe Gaber. Philippe Gaber is responsible for informing you that, in the event of an infringement of his rights, he will use all legal means necessary to safeguard his interests. Such acts would indeed constitute acts of copyright infringement, punishable by Articles L. 335-2 et seq. Of the Intellectual Property Code.

Philippe Gaber reserves the right to reduce or stop the production of any of its products at any time, to modify the appearance or nature of the products or to substitute or add new items to the range of its products. Philippe Gaber does not assign any of these rights in whole or in part. whether it's his copyright

6.3.6 APPLICABLE LAW between Professionals 

Ces conditions générales de vente sont régies par le droit français. 

In the event of a conflict of interpretation between the provisions of these conditions and a translation that would have been made in another language, the French version shall prevail

All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrors appointed in accordance with the said Rules.

Philippe Gaber makes impossible the sale of products without having previously accepted the clauses above.

By the commitment with the mention good for Agreement, the company declares to accept the order and the entirety of the general conditions of sale.Savers of contrary provisions of the code of civil procedure, any dispute that could be born concerning the validity, the interpretation or execution of these general conditions of sale and which has not been amicably settled by the parties hereto, will be submitted to the French courts, notwithstanding the plurality of PARTIES, REFERE or expertise.

In case of dispute, the courts of Paris will be competent.

Provisions applicable to companies resident in a Member State of the European Union «Art. L. 211-18. - Where the law governing the contract is that of a State not belonging to the European Union, the Customer may not be deprived of the protection provided by the provisions made by a Member State of the European Union pursuant to of Directive 1999/44 / EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale and warranties of consumer goods which are mandatory when the contract is closely related to the territory of that Member State. Proof of communications, orders and payments between the parties.

6.3.6 Intellectual and industrial property rights

PhilippeGaber will not assign in any case even exclusively, in full ownership or definitively, all intellectual and industrial property rights on the Creation, including copyright, model, patent, trademark, as well as the prerogatives relating thereto, relating to the Creation and the product, which it holds, as author, rightful person or otherwise, in particular the right to: reproduce or cause to be reproduced, adapted or adapted the right to change, improve, modify, assemble, alter, transcribe, arrange and translate; represent, broadcast or disseminate, communicate, disclose; distribute and market, including rental and loan for no charge or onerous; and make all use and exploitation; permanently or temporarily, in whole or in part, in any manner whatsoever, by any means whatsoever and in any media known or unknown to this day, by any means and in any form.

The rights of philippegaber are effective in all places and for all the time that will last the legal protection of said rights and until the expiry of the last of them under the French and foreign legislation and international conventions on literary property and artistic or otherwise, that are or will be in force, including any extensions that may be made to the term of protection.


6.3.7 Reseller / Distributor

The distributor is obliged to pay the price of the merchandise it intends to distribute and to respect the appearance and integrity of the Marque philippegaber.

The distributor undertakes to respect confidentiality to disclose any manufacturing secrets and undertakes to inform philippegaber of any infringement of its trademark and model rights, of which it will be aware. Philippegaber alone will decide whether to prosecute the perpetrators of such attacks.

The Distributor, for philippegaber is neither a commercial agent (who acts in the name and on behalf of his principal), nor a commission agent (who acts on his behalf but on behalf of the principal). He acts in his name and on his behalf: he is a trader who buys to sell and keeps his individuality. PhilippeGaber does not grant any rights or license to the trademark and any other distinctive mark of the mark. The distributor undertakes not to sell outside the intended territory.

In the event of non-payment of even a portion of the price at the end of the term, PhilippeGaber reserves the right to demand the return of the goods of which the purchaser is only depositary until full payment.

Subject to contrary provisions of the Code of Civil Procedure, any dispute that may arise concerning the validity, interpretation or execution of these terms and conditions of sale and which has not been settled amicably by the parties to this agreement , will be submitted to the courts FRENCH, notwithstanding plurality of PARTIES, REFERE or expertise.

In case of dispute, the courts of Paris will be competent.

PhilippeGaber owns the property and the rights pertaining to the trademark and any other brand and names related to the Products. Philippegaber owns the property on the mark as well as on the model drawings and is the original owner of all copyrights on his works by the simple fact of their creation. Since the transfer of copyright can only occur under the conditions of Articles L. 131-1 et seq. Of the Intellectual Property Code, PhilippeGaber remains the owner of the rights in all his creations.

PhilippeGaber reserves the right to reduce or discontinue the production of any of its products at any time, to change the appearance or nature of the products or to substitute or add new items to the range of its products.

ARTICLE 19 : COMMITMENT AND APPLICABLE LAW

These general conditions of sale are governed by French law. Only the Commercial Court of Paris will be competent in case of dispute as to their interpretation and / or execution. Subject to contrary provisions of the Code of Civil Procedure, Any dispute that may arise concerning the validity, interpretation or execution of these terms and conditions of sale and which has not been settled amicably by the parties to this agreement , will be subject to the French courts, notwithstanding plurality of PARTIES, REFERE or expertise.

In case of dispute, the courts of Paris will be competent. Provisions applicable to Customers residing in a Member State of the European Union

Art. L. 211-18. Where the law governing the contract is that of a State not belonging to the European Union, the Client may not be deprived of the protection provided by the provisions made by a Member State of the European Union pursuant to Directive 1999/44 / EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale and warranties of consumer goods which are mandatory when the contract is closely related to the territory of that consumer Member State. "Proof of communications, orders and payments between the parties.

DOWNLOAD THE TERMS IN PDF FORMAT

This document can be kept and reproduced by the Customer, by means of their printing. The present general conditions can be modified at any time by Philippe Gaber. The archiving of the purchase orders and the invoices is carried out on a reliable and durable support can be produced as evidence. In accordance with the provisions of Article 1369-1 of the Civil Code, the present general conditions of sale are available in durable medium. This document may be retained and reproduced by the Customer, by means of their printing.


En cas de conflit d'interprétation entre les dispositions des présentes conditions et d'une traduction qui en aurait été faite dans une autre langue, la version française prévaudra;

In the event of a conflict of interpretation between the provisions of these conditions and a translation that would have been made in another language, the French version shall prevail

All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrors appointed in accordance with the said Rules.


If the two parties decide not to call on arbitration, the dispute will first be brought before the Court of Commerce of our Head Offices or the Court of Commerce of Paris, and the applicable Law will be French law. Nevertheless, the Supplier reserves the right to bring the dispute before the Courts of the place of the Buyer’s registered office, in which case the applicable Law will be the Law of the country of the Debtor, or a neutral Law, i.e swiss law.

According to the current French legislation, our General Terms of Sale (GTS) are the sole basis for commercial negotiation with our buyers. If there is no written agreement, any order received implies the unconditional acceptance of our general conditions of sale, despite any stipulations to the contrary that may appear in the Buyer’s order forms. 


The fact that the Supplier does not refer at any given time to one or several provisions of the general conditions of sale cannot be construed as a renunciation and the supplier remains at all times free to demand their strict application
.