LEGAL NOTICES
Company name: Le Beau Gustave
Siren number: 882 915 259
Siret number: 882 915 259 RCS Paris
Intra-community VAT number: FR 60 882915259
DEFINITION OF CONTRACT TERMS
Le Beau Gustave means the company Le Beau Gustave, with capital of €1,000, whose registered office is located at 7, rue Gustave Flaubert, 75017 Paris, registered with the Paris Trade and Companies Register under number: 882 915 259 and whose intra-community VAT number is FR60882915259
“Customer(s)” : Refers to any non-professional natural person wishing to place or placing an Order on the Site.
“ Order” : Refers to the order placed by the Customer on the Site following the completion of a selection of one or more Products and then by validating the complete payment process materialized by sending an order confirmation to the email address provided by the Customer during registration. Validation of an Order constitutes recognition by the Customer of having had full information on the essential characteristics of the Products ordered.
“General Conditions of Sale” or “GCS” : means these general conditions of sale of Le Beau Gustave Products on the Site.
“Product(s)” : Refers to the products and services offered for sale by Le Beau Gustave on the Site. In accordance with Article L.111-1 of the French Consumer Code, information on the Products offered for sale on the Site is detailed in each Product sheet.
The photographs of each Product represent it with the greatest possible accuracy. The characteristics of the Products are written based on the information provided by the labels and the measurements taken flat and with a tape measure. Without being exhaustive, they are intended to best inform the Customer about the Product offered. Le Beau Gustave Paris pays the greatest attention to ensuring that the Customer has the best understanding of the Product offered for sale on the Site.
“Site” : means the web platform for the promotion and sale of the Products, accessible at the address www.lebeaugustave.com, owned by Le Beau Gustave
“Third Party” : means any person, natural or legal, other than the Client or Le Beau Gustave
- INTRODUCTION
Le Beau Gustave is a luxury consignment store for men, which sells for its consigning customers personal equipment, lifestyle or cosmetic items, from high-end and luxury brands, new or used (excluding cosmetics), in its store at 18, rue Duret and online via the site lebeaugustave.com , which is managed by the company Shopify. It is also possible that Le Beau Gustave buys pieces to resell them
- The personal information or data you provide to us will be processed in accordance with the Data Protection Policies. By using this website, you consent to the processing of such information and contact details and you declare that all information or contact details provided are true and accurate.
- Drop off and hand over items to Le Beau Gustave
You can drop off and entrust your items for sale at Le Beau Gustave.
To obtain an estimate, you can contact us at 07 49 12 75 43, via the contact form at the bottom of the page, email us at brigitte@lebeaugustave.com or via our social networks. We will estimate the value of your item. If the estimate is satisfactory and we agree on a net seller price, you will receive a deposit mandate. This will certify that you are mandating Le Beau Gustave to sell your products at a price agreed upon together. You will then need to return this signed and dated contract to us.
Le Beau Gustave reserves the right to refuse an item for sale if it does not comply with or conform to current legislation. As part of its fight against counterfeiting, Le Beau Gustave reserves the right to request maximum guarantees, such as a purchase invoice for the item and a copy of the depositor's identity document. If necessary, the depositor will instruct Le Beau Gustave to commission an additional expert.
The applicant gives Le Beau Gustave a mandate to showcase the product and to ensure its promotion, through all means at its disposal (store, website, social networks, press relations).
Le Beau Gustave is committed to doing everything possible on its various marketing media to optimize the product's chances of selling.
If the product is sent, it will be examined to validate its conformity, and in the event of non-conformity, it will be returned at the depositor's expense.
The minimum period for depositing and therefore putting an item on sale is one month. After this month, the depositor may recover their item if it has not yet been sold, at their own expense, unless otherwise agreed.
The maximum period for listing is 4 months. After this period, the depositor will collect unsold products within one month, beyond which Le Beau Gustave will charge a storage fee of 10 euros per month, unless otherwise agreed. After the statutory period of one year, Le Beau Gustave reserves the right to auction unclaimed goods.
In the event of a sale, Le Beau Gustave will contact you as agreed, either within 2 days of the sale or at the end of the month, always by email, and will make a bank transfer of the agreed amount within 8 days.
In the event of an online sale, Le Beau Gustave cannot guarantee to the Seller that the item will not be returned or that the Buyer will not exercise their right of withdrawal.
In the event of non-compliance by the depositor with the General Deposit Conditions, Le Beau Gustave reserves the right at any time to withdraw the depositor's Products from sale, to suspend his account and to block the sums appearing therein until the existing dispute is closed.
The depositor declares and guarantees that he/she has the right to transfer ownership of the product(s) transferred, that they are not in any way already transferred, pledged or re-encumbered, encumbered or more generally vested in favor of a third party, and that the transaction he/she is carrying out is not likely to violate the rights of a third party. The depositor certifies by the mere fact of the authorization of the sale of the Product by Le Beau Gustave that its sale complies with the legal rules in force, in particular with regard to the Intellectual Property Code and any specific regulations. The depositor guarantees and will indemnify Le Beau Gustave at first request against any damage suffered by Le Beau Gustave and against any liability action that may be brought against Le Beau Gustave on the basis of the violation of any right of a third party. In the event of clear fraud (fraudulent copying, receiving stolen goods, illegal importation, etc.), Le Beau Gustave will communicate all necessary information, including personal information, to the competent services responsible for the repression of said fraud and offenses.
- Buy on the Le Beau Gustave website
Access to the Site and Orders is strictly reserved for individuals aged 18 and over. Any request to purchase Products on the Site by a minor is prohibited. By accessing, registering and ordering on the Site, the Customer represents and warrants that they are 18 years of age or older.
The Customer agrees to use the Site solely and exclusively for strictly personal purposes.
By accessing the Site, the Customer undertakes to use the Site and its functionalities fairly, in compliance with these General Terms and Conditions and in accordance with the laws and regulations in force, public order and the rights of Third Parties.
As such, the Customer undertakes not to use the Site and its functionalities for illicit purposes or in a manner constituting fraud against Le Beau Gustave or Third Parties.
The Client takes all appropriate measures to ensure the security of its own data, in particular its identifiers and password.
The Customer undertakes not to interfere, in any way whatsoever, with the proper functioning of the Site and its functionalities.
- Creating a customer account
Creating a Customer account is not a prerequisite for placing Orders on the Site.
For any Order placed on the Site, the Customer must however provide certain information (for example, their email address, telephone number, delivery address) for the purposes of managing their Order and delivering the Products.
If desired, the Customer may create a personal customer account on the Site. To create a personal account, all mandatory fields on the registration form must be completed.
The username and password for the personal account are strictly personal and confidential. The Customer undertakes to guarantee the confidentiality of the username and password chosen when creating the personal account and is prohibited from communicating them to third parties.
The Client undertakes not to create or use, under his own identity or that of a Third Party, personal accounts other than the one initially created.
Verification of Customer Information
The Customer undertakes to provide accurate and compliant personal information and to update it in order to ensure its relevance and accuracy throughout its use of the Site.
Le Beau Gustave reserves the right to verify certain information to ensure the proper functioning of the Site and to ensure optimal security for all Customers.
- Suspension or closure of personal account
The Customer may deactivate their personal account at any time without reason by requesting it using the contact form at the end of this page. The Customer remains responsible for all use of the Site made under their login details until their personal account is effectively closed.
Following the closure of the personal account, Le Beau Gustave reserves the right to retain in its archives, for a period in accordance with applicable legal provisions, any information relating to the Customer that may be used to resolve a dispute or contribute to the execution of these General Terms and Conditions. However, the Customer's information will no longer be accessible on the Site.
- Failure by the Customer to comply with these General Terms and Conditions and/or illicit and/or abusive use of the Site will entitle Le Beau Gustave to interrupt, suspend or delete access to the Site, without prejudice to the right to any damages to which Le Beau Gustave may be entitled. Any suspension or deletion of the personal account will be notified to the Customer by sending an email.
- Technical support
The Site is accessible 7 days a week and 24 hours a day to all users of the Internet network with standard computer equipment having an updated latest generation browser.
- Le Beau Gustave reserves the right to interrupt access to the Site for maintenance or force majeure reasons and cannot be held responsible for this. Le Beau Gustave cannot be held responsible for any network or data transmission problems or bugs encountered when connecting to the Site.
- The Customer may inform Le Beau Gustave as soon as possible of any difficulty encountered during the use of the Site by contacting technical support at the contact address.
- Geographic availability of services
Le Beau Gustave may ship items worldwide, with the customer responsible for any customs duties that may apply in addition to the item price and shipping. The transaction currency remains the euro.
- Contract validation
- To purchase online from the website, it is not mandatory to create a customer account. However, you will be asked for your name, email address, phone number, and address. Use of the website constitutes acceptance of the general terms and conditions of sale.
- When you order on the site, a confirmation email is sent to you.
- The shipment will be made within two working days. A shipping confirmation will then be sent to you.
- Product availability
The unique nature of the products sold and the in-store-online distribution method can lead to arbitration if the same product is sold to multiple customers at the same time. For practical reasons, in-store purchases will prevail. Of course, any expenses incurred by the customer online will be fully reimbursed as quickly as possible.
- Refusal to process an order and refund if ever
Le Beau Gustave reserves the right to withdraw any product from this website at any time and to replace or modify any content or information contained on it. Although we always make every effort to fulfill all orders as best we can, exceptional circumstances may arise, such as a problem related to external circumstances or a payment incident, and force us to refuse to process an order after having sent you the Order Confirmation. We reserve this right at any time. In this case, if payment has already been made, we will refund all amounts paid, including delivery costs, as soon as possible, using the same payment method as you used for the transaction. In all cases, this refund will not incur any fees for you. We will not be liable to you or any third party for the withdrawal of a product from this website, the removal or modification of any material or content contained therein, or the failure to process an order in the cases referred to above, after sending the Dispatch Confirmation.
- Delivery costs
When placing your order, you have the choice between different options: click and collect at the store, delivery by courier in Paris and the "inner suburbs" and finally, Colissimo delivery with insurance and delivery against signature.
In the case of shipment by Colissimo, you will receive a tracking number which allows you to follow your package until it is received against signature.
In the event of loss of the package during transport and after investigation, the full amount paid will be refunded to you.
- Obligations of the buyer
Le Beau Gustave may, exceptionally and in order to combat potential fraud, be required to validate the buyer's identity. If Le Beau Gustave fails to provide the information required for identity validation, Le Beau Gustave may cancel the transaction carried out by the buyer.
The buyer undertakes to comply with all laws and regulations relating to the acquisition of goods of any kind. Similarly, the buyer is warned that he may be required by the Administration to pay VAT and customs duties when purchasing Products from Sellers located outside the European Union.
The buyer undertakes to have a standard mailbox that complies with the recommendations of the postal services (dimensions of the mailbox, indication of residents' contact details, etc.) or to make themselves available to receive their parcel according to the terms of the selected delivery service provider.
In the event of non-payment following fraudulent use of a payment method, Le Beau Gustave will apply to the buyer an administration fee equal to 20% of the amount of the non-payment, without these fees being less than one hundred (100) euros excluding taxes. The buyer authorizes Le Beau Gustave to collect the amount of the non-payment, increased by the administration fee, from the customer's escrow account.
- Transfer of risks and ownership of products
You will assume the risks relating to the products from the time of delivery. Ownership of the products will only be transferred to you upon receipt of full payment of the amounts due, including delivery costs, or at the time of delivery if this occurs at a date later than payment.
- Price and payment
- We are not obliged to sell a product at an incorrectly priced lower price (even after sending you an Order Confirmation) if the error is obvious and unambiguous and you could reasonably identify it as such.
- The prices displayed on our website include VAT but exclude delivery charges, which will be added to the total amount payable, as set out in the Delivery chapter.
- Cancellations/withdrawals (14 days)
- Complaints
Any complaint relating to a Product, which proves to be Non-compliant with the description, must be submitted, within a maximum of 14 (fourteen) clear days from its receipt by the Buyer, to the competent services of Le Beau Gustave by email or registered letter with acknowledgment of receipt. The complaint must be detailed and clearly indicate the reasons for dissatisfaction. Le Beau Gustave undertakes to process as quickly as possible and on a case-by-case basis any complaint that is brought to its attention and with the aim of best satisfying the interests of the customer. Customers will act with all due diligence to properly resolve the complaint. They must cooperate with the services of Le Beau Gustave and provide it with the supporting documents necessary for processing the complaint. They undertake to comply with the terms and conditions for processing complaints established below or communicated by Le Beau Gustave. In the event of non-compliance with these terms and conditions, the complaint will not be processed.
In the event of a complaint and until the dispute is resolved, the customer's Escrow Account may be temporarily blocked by Le Beau Gustave. In the event of numerous complaints against the same customer, Le Beau Gustave also reserves the right to close the customer's Escrow Account.
- Non-receipt of order
The Buyer undertakes to wait a period of one week after Notification of shipment of the Product to file a complaint with Beau Gustave in the event of non-receipt, in whole or in part, of the Product.
- A claim of non-receipt of the Product ordered, deemed well-founded by Le Beau Gustave, will result, except in the case of fraud, in reimbursement to the Buyer.
- Non-conformity
In the event that the Specialist finds that the Product is not in conformity or that it is not in conformity, the Buyer will be immediately reimbursed for the transaction price. It is the Seller's responsibility, in the event that he disputes the Specialist's assessment, to provide him with all documents in his possession that demonstrate his good faith. The Buyer, for his part, will be authorized to submit any separate complaints concerning him.
- Hidden defect
In the event of discovery of a hidden defect, the customer must submit his request within the time limits and in accordance with the procedures set out in articles 1641 et seq. of the Civil Code.
- Return of products
Le Beau Gustave does not accept returns, refunds, or exchanges.
Each product is presented on the site with numerous photos and is precisely described, the dimensions are indicated, its condition and any defects or wear points are specified. In addition, Le Beau Gustave is at your disposal – telephone, social networks, email, contact section of the site – to answer all your questions. You buy with full knowledge of the facts. Our luxury and exceptional items, and although second-hand, avoid back and forth, a potential source of deterioration of their condition.
- Liability and Disclaimers
Our liability under these Conditions shall not be incurred in the event that the failure to perform our obligations is attributable to the actions of a third party, your fault or an event of force majeure as defined by Article 1218 of the Civil Code and by case law.
Notwithstanding the foregoing, our liability shall not be excluded or limited in the following cases:
- death or personal injury caused by our negligence; ii. fraud or deceit; or
- in any case where it would be illegal or contrary to law to exclude, limit, or attempt to exclude or limit our liability.
- Due to the open nature of this website and the possibility that errors may occur in the storage and transmission of digital information, we do not guarantee the accuracy or security of any information transmitted or obtained through this website, unless expressly stated otherwise.
- All documents, descriptions and information relating to the products appearing on this website are provided "as is", without being covered by any warranty, express or implied, except for those provided by law. In this sense, if you are a party to the Contract as a consumer, we are obliged to deliver products to you that comply with the contractual provisions and we are liable to you in the event of a lack of conformity noted at the time of delivery. Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description we have presented and have the characteristics we have set out on this website; (ii) they must be suitable for the purposes for which products of this kind are generally designed; (iii) they must meet the criteria of quality and performance that are generally accepted for products of the same kind and that can reasonably be expected.
- To the extent permitted by law, all warranties are excluded, except for consumer warranties, which may not be legitimately excluded.
- Indeed, Le Beau Gustave guarantees consumers against defects of conformity and hidden defects for the products on sale on this website, in accordance with the legal guarantee of conformity provided for in articles L.217-4 et seq. of the Consumer Code, and the guarantee against hidden defects, within the meaning of articles 1641 et seq. of the Civil Code, allowing you to return products delivered defective or non-compliant.
- It is recalled that the consumer who decides to act under the legal guarantee of conformity:
- Benefits from a period of two years from delivery of the goods to act;
- Can choose between repair and replacement of the goods, subject to the conditions relating to cost, provided for in article L 217-9 of the Consumer Code;
- Is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods. - The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
- The consumer may decide to invoke the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, the consumer may choose between cancellation of the sale and a reduction in the sale price, in accordance with Article 1644 of the Civil Code.
- Reminder of the provisions of the Consumer Code:
- Article L 217-4 of the Consumer Code: The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity that exists upon delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility under the contract or has been carried out under his responsibility.
- Article L 217-5 of the Consumer Code: To comply with the contract, the goods must:
1) Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2) Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
- Article L 217-12 of the Consumer Code: Action resulting from lack of conformity is prescribed by two years from delivery of the goods. - Reminder of the provisions of the Civil Code:
- Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
- Article 1648 paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. - The products we sell, especially handcrafted items, often exhibit characteristics specific to the natural materials used in their manufacture. These characteristics may include variations in fibers, texture, knots, or color. These variations are not considered defects or damage. Instead, you should be aware of and appreciate these variations. We only select products of the highest quality, but natural characteristics are inherent in our products and should be accepted as part of their intrinsic appearance.
- The provisions set out in this clause shall not affect your rights as a consumer or your right to terminate the Contract.
- Links on our website
If our website contains links to other third-party sites and data, these links are provided for information purposes only, and we have no control over the content or data on these sites. Accordingly, we accept no liability for any loss or harm resulting from the use of these links.
- Written communication
Under applicable regulations, we are required to send you certain information or communications in writing. By using this website, you agree that your communication with us will be primarily electronic. We will contact you by email or notify you through alerts posted on our website. For contractual purposes, you consent to the use of this electronic means of communication and you agree that all contracts, announcements, information, and other messages that we send to you electronically comply with any legal requirements requiring such communications to be in writing. This provision does not affect your rights.
- Force Majeure
We shall not be liable for any failure to perform or delay in the performance of our contractual obligations caused by events beyond our reasonable control (hereinafter “Force Majeure”) as defined in Article 1218 of the Civil Code and by case law.
It is understood, on the one hand, that our contractual obligations will be suspended for as long as the Force Majeure event lasts and, on the other hand, that our deadlines for performance in order to meet these obligations will be extended for a period equivalent to that of the Force Majeure event. We will endeavor to the extent possible to end the Force Majeure event or to find a solution allowing us to perform our contractual obligations despite the Force Majeure event.
- Applicable law - attribution of jurisdiction
- These terms of use are governed by the provisions of French law as well as all contracts that will be concluded between the parties. Any dispute with a buyer or depositor acting in a professional capacity and arising from its interpretation and/or execution is under the jurisdiction of the Commercial Court of Paris.