Terms of Sales

ARTICLE 1 – SCOPE

These General Conditions of Sale (“Terms and Conditions”) shall apply, without restriction or reservation, to all sales concluded by the Seller to non-professional buyers (“Customers or the Customer”) wishing to purchase the products offered for sale (“Products”) by the Seller on the website www.gandoura.com. The Products offered for sale on the website are the following: Clothing.

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the website www.gandoura.com, which the customer is obliged to read before ordering. The choice and purchase of a Product is the sole responsibility of the Customer. The offers of Products are understood within the limit of available stocks, as specified when placing the order.

These GTC are available at any time on the website www.gandoura.com and will prevail over any other document. The Customer declares to have read these GTC and to have accepted them by ticking the box provided for this purpose prior to the implementation of the online ordering procedure of the website www.gandoura.com. Unless proven otherwise, the data recorded in the Seller’s IT system constitute proof of all transactions concluded with the Customer.

The Products presented on the website www.gandoura.com are offered for sale for the following territories: Worldwide. In the event of an order to a country other than Metropolitan France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and the French overseas departments and territories, the price excluding taxes will be calculated automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They shall be the responsibility of the Customer and shall be the sole responsibility of the Customer.

ARTICLE 2 – TARIFF POLICY

The articles are available at prices posted on the website www.gandoura.com at the time of validation of the order by the Seller. Prices are in euros, excluding taxes (tax excl.) and all taxes included (tax excl.). These prices take into account any discounts offered by the Seller on the website www.gandoura.com. They remain fixed and may not be revised during the validity period, but the Seller reserves the right to change the prices at any time outside this period. The rates do not include the costs of processing, shipping, transport and delivery, which will be charged in addition, according to the conditions specified on the site and calculated prior to the finalization of the order. The total amount requested from the Customer for payment corresponds to the total price of the purchase, including these costs. An invoice issued by the Seller will be given to the Customer upon receipt of the Products ordered.

ARTICLE 3 – ORDERING PROCESS

The choice of products to be ordered on the website www.gandoura.com is the responsibility of the Customer, who may follow the following steps: after adding a product to his cart, the Customer has the option of removing or modifying it before validating his order and accepting the terms and conditions of sale. The Customer will then have to provide their contact details and select the delivery method. Once the information has been validated, the order will be considered final, and payment will have to be made by the Customer according to the terms and conditions provided. Product offers remain valid as long as they are visible on the site, subject to availability. The sale will only be confirmed after full payment of the price. The Customer is obliged to check the accuracy of his order and to report any error immediately. Any order placed on the website www.gandoura.com establishes a contract concluded at a distance between the Customer and the Seller. The latter reserves the right to cancel or refuse any order from a Customer with whom a dispute relating to the payment of a previous order would be ongoing. The Customer can follow the progress of his order on the website. Cancellation of the order by the Customer after its acceptance by the Seller will only be possible if the shipment has not yet taken place, regardless of the provisions relating to the application or non-application of the statutory right of withdrawal.

ARTICLE 4 – METHODS OF PAYMENT

Payment of the price shall be made by means of a secure payment method, in accordance with the following conditions: The Customer must pay the price in full on the day of the order. Payment information is exchanged in an encrypted manner via the protocol defined by the authorized payment provider used for banking transactions carried out on the website www.gandoura.com. Payments made by the Customer will only be considered final after the Seller has actually collected the amounts due. If the Customer does not pay the price in full under the above conditions, the Seller shall not be obliged to proceed with the delivery of the products ordered by the Customer.

ARTICLE 5 – DISPATCH

The products ordered by the Customer will be shipped in mainland France or internationally, in accordance with the delivery times indicated by the carriers. Estimated delivery times are three to five days for Mondial Relay and two days for Colissimo to the address specified by the Customer when placing an order on the site. Delivery is effected by the transfer of physical possession or control of the Product to the Customer. Except in exceptional cases or unavailability of one or more Products, the Products ordered will be delivered in a single shipment. The Seller undertakes to make all necessary efforts to deliver the products ordered by the Customer within the time limits specified above.

If the Products ordered are not delivered within twenty-one days after the indicative delivery date, and if this is not due to force majeure, the Customer or the carrier, the Customer may request the cancellation of the sale in accordance with the provisions of articles L 216-2, L 216-3 and L 241-4 of the French Consumer Code. The amounts paid by the Customer shall be refunded within a maximum period of fourteen days from the date of termination of the contract, without any compensation or withholding.

Delivery is ensured by an independent carrier, to the address indicated by the Customer when placing the order. Delivery is deemed to have taken place as soon as the Seller delivers the Products to the carrier who accepts them without reservation. The Customer acknowledges that the responsibility for the delivery rests with the carrier, and that no warranty claim is possible against the Seller in the event of non-delivery of the transported goods.

The Customer is obliged to check the condition of the delivered products within 14 days of receipt. All complaints must be sent by e-mail, together with all necessary supporting documents (including photographs). After this period and failure to comply with these formalities, the Products shall be deemed to be in conformity and free from any apparent defect, and no claims shall be accepted by the Seller.

ARTICLE 6 – TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from gandoura.com to the Customer will be effective only after full payment of the price by the Customer, regardless of the date of delivery of the said Products.

ARTICLE 7 – RIGHT OF WITHDRAWAL

According to the provisions of article L221-18 of the Consumer Code, “in the case of contracts providing for the regular delivery of goods during a defined period, the period shall run from the receipt of the first goods”. The right of withdrawal may be exercised by e-mail to gandoura.contact@gmail.com, unequivocally, expressing the will to withdraw, and also by postal mail addressed to the Seller at the postal or e-mail address indicated in ARTICLE 1 of the GTC. Returns must be made in their original state and complete (packaging, instructions, etc.), allowing them to be resold as new, together with the purchase invoice. Damaged, dirty or incomplete Products will not be returned. The cost of return will be borne by the Customer. The exchange (subject to availability) or the refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set forth in this article.

ARTICLE 8 – LIABILITY OF THE SELLER – GUARANTEES

The Products offered by Gandoura.com benefit from the legal guarantee of conformity in the event of defective, damaged, damaged or non-conforming Products.
Gandoura.com also offers the legal guarantee against hidden defects resulting from defects in material, design or manufacture affecting the delivered products and making them unsuitable for their intended use, in accordance with article L217-4 of the French Consumer Code. Article L217-5 of the Consumer Code establishes that the goods conform to the contract if they are suitable for the use normally expected of similar goods and, where applicable: if they correspond to the description given by the seller and have the qualities that the seller has presented to the purchaser in the form of a sample or model; if they have the qualities that a purchaser may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or advertising. Article L217-12 of the Consumer Code states that the action resulting from the lack of conformity is statute-barred by two years from the delivery of the goods. Moreover, article 1641 of the Civil Code stipulates that the seller is obliged to provide a guarantee in respect of hidden defects in the item sold which render it unsuitable for the purpose for which it is intended, or which so diminish the use for which it is intended that the buyer would not have acquired it, or would have given only a lower price, if he had known about them. Finally, Article 1648, paragraph 1, of the Civil Code states that the purchaser must bring an action for redemptive defects within a period of two years from the discovery of the defect.”Where the purchaser requests from the seller, during the course of the commercial guarantee granted to him at the time of the purchase or repair of movable property, a restoration covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee which shall be to run. That period shall run from the date of the request for action by the purchaser or the date on which the goods in question are made available for repair, if that date is later than the date on which the request for action was made.”

In order to assert its rights, the Customer shall inform the Seller, in writing (e-mail or post), of the non-conformity of the Products or of the existence of hidden defects as of their discovery. Seller will refund, replace or have repaired any Products or parts under warranty found to be non-conforming or defective. In addition, return costs will be reimbursed upon presentation of supporting documents. Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and at the latest within 14 days of the Seller’s finding of the non-conformity or hidden defect. In particular, this refund may be made by bank transfer or by Paypal. However, the Seller shall not be liable in the following cases: 1) non-compliance with the laws of the country to which the products are delivered, which are the responsibility of the Customer, 2) misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure. 3) The photographs and graphics presented on the website are not contractual and cannot engage the responsibility of the Seller. The Seller’s warranty is, in any case, limited to the replacement or refund of non-conforming or defective Products.

ARTICLE 9 – PERSONAL DATA

The Customer is informed that the collection of their personal data is essential for the sale of the Products by the Seller and their transmission to third parties for the purpose of delivering the Products. These personal data are collected solely for the performance of the sales contract.

9.1 Collection of personal data The personal data collected on the website www.mudaparis.fr are the following: Ordering Products: When ordering Products by the Customer: surname, first name, postal address, e-mail address, telephone number, gender. Payment: As part of the payment for the Products offered on the website www.gandoura.com, the latter saves financial data relating to the bank account or credit card of the Customer / User.

9.2 Recipients of Personal Data Personal data is intended exclusively for the use of the Seller and its employees.
9.3 Data Controller The Seller is the data controller in accordance with the Data Protection Act and, as of May 25, 2018, the Regulation 2016/679 on the protection of personal data. For any request, please contact the following e-mail address: gandoura.contact@gmail.com
9.4 Restrictions on processing Unless the Customer explicitly agrees, their personal data will not be used for advertising or marketing purposes.
9.5 Data retention period The Seller will retain the collected information for a period of 5 years, covering the applicable contractual civil liability requirement.
9.6 Security and Confidentiality Vendor shall implement organizational, technical, software and physical digital security measures to protect personal information from alteration, destruction or unauthorized access. However, it should be noted that the Internet is not a completely secure environment and that the Seller cannot guarantee the security of the transmission or storage of information over the Internet.
9.7 Exercise of Clients’ and Users’ Rights In accordance with the applicable regulations on personal data, Clients and users of the www.gandoura.com website have the following rights:

a) Customers may update or delete their data by sending an e-mail detailing their request to gandoura.contact@gmail.com .

b) They have the possibility to delete their account by writing to the e-mail address mentioned in Article 9.3 “Controller”.

c) In order to exercise their right of access and obtain information on their personal data, they may contact the Controller at the address indicated in Article 9.3.

d) In the event of inaccuracy of the personal data held by the Seller, the Customers may request that this information be updated by writing to the address indicated in Article 9.3 “Controller”.

e) They may also request the deletion of their personal data in accordance with applicable data protection laws by writing to the address indicated in Article 9.3.

f) Customers may request the portability of their data held by the Seller to another provider.

g) Finally, they have the right to object to the processing of their data by the Seller, provided that this is not contrary to the purpose of the processing. These rights may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are mentioned above.

The Data Controller is obliged to respond within a maximum period of one month. In the event of refusal, the reasons must be given. Customers are informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to agree to receive informative and advertising e-mails from the Seller. He/she will always have the possibility to withdraw his/her consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 – INTELLECTUAL PROPERTY

The entire content of the website www.gandoura.com is the exclusive property of the Seller and its partners, thus benefiting from the protection of French and international laws relating to intellectual property. Any reproduction, in whole or in part, of this content is strictly prohibited and may be considered an act of infringement, punishable by law.