Terms of Service
1. Scope of application
The terms and conditions of sale presented herein (hereinafter referred to as "the Terms and Conditions of Sale") govern the entire relationship between any person who orders one or more items (hereinafter referred to as "the Customer") from the site www.girbaud.com (hereinafter referred to as "the Site") and the company, MAD LANE (hereinafter referred to as "MAD LANE").
MAD LANE is an SAS (simplified joint-stock company) with registered offices at 31, rue des Graviers, 92200 Neuilly sur Seine, registered under no. 812 146 603 on the Trade and Companies Register (RCS) in Nanterre, France, whose EU VAT number is 22 424 761 419.
The use of the of the distance selling service described in these Terms and Conditions of Sale is reserved exclusively for consumers, namely, physical persons over 18 years of age (or, if they are minors, authorised by their legal representative) acting for reasons that bear no relation to any commercial, entrepreneurial, artisanal or professional activity in which they may be involved. The resale, rental and transfer, for any commercial or professional purposes, of the articles purchased on the Site, is expressly forbidden.
The purchase of articles offered on the Site may be carried out only where the articles are to be delivered throughout the whole world. The languages used for the conclusion of sales contracts through this Site are English and French.
Prior to carrying out any transaction on the Site, the Customer acknowledges that they have read and understood the Terms and Conditions of Sale and agree to be unconditionally bound to them on ticking the box "I have read the terms and conditions of sale and I adhere to them unreservedly. (Read Terms and Conditions)", and clicking on the "Order" button to proceed to the next step, "5. Payment".
The Terms and Conditions of Sale express the full obligations and rights of the parties. The fact that MAD LANE does not exercise its right to enforce any one particular clause set out in the present Terms and Conditions of Sale, may not be interpreted as a waiver of the right to do so at a later date.
2. Modification of the Terms and Conditions of Sale
MAD LANE reserves the right to modify the Terms and Conditions of Sale at any time, those published on the Site at the time of placing the order are applicable. The Customer is therefore requested to carefully consult the Terms and Conditions of Sale, which appear on the Site on the day the order is placed, before proceeding with the validation of such. The Customer is also advised to save and / or print a copy of them.
By creating an account and / or placing an order on the Site, the Customer acknowledges that they have the full legal capacity to commit to the Terms and Conditions of Sale. The Customer also states that they are aware that they can only order quantities of items from the Site, which correspond to the Customer’s personal needs and not with a view to the resale of such items. The Customer declares that they have read and understood the Terms and Conditions of Sale in effect at the moment of placing the order, as indicated above, but also of the specifications of the various articles.
4. Products and Availability
The items offered for sale online are those presented on the Site. They are accompanied by an accurate description and a photo, in order to give the Customer the main details of the products before they place the final order. MAD LANE undertakes to make every effort to display photos on the Site, which are as accurate as possible, nonetheless they may differ slightly from the real items, particularly in terms of colour. MAD LANE reserves the right to make changes to the items, at any time, without obligation to modify the articles previously delivered or in the process of being ordered. Only items in stock can be ordered on the Site. Errors may, however, occur, and in this case, the Customer will be notified and reimbursed as soon as possible.
The applicable prices are those shown on the Site, and are given in euros, with all taxes included (TTC). The VAT rate is that applicable in France on the day the order is placed, which may differ according to the country of billing. A change in the rate will be reflected in the price of the items as soon as a new rate comes into effect. The prices do not include shipping and delivery charges, which are additional, and are listed here below and summarised before the final order is submitted. The prices of the items do not include the communication costs related to the use of the Site. Finally, customs duty and other taxes are not included in the price paid by the Customer. These charges must be paid by the Customer directly to the carrier. MAD LANE is not obliged to inform the Customer of the applicable taxes or customs duties in the country of delivery. It is the Customer's responsibility to obtain this information from the appropriate authorities.
MAD LANE reserves the right to modify its prices at any time, the applicable prices being those in effect at the time of the validation of the order, and not the day the products are delivered. This applies to an increase as well as a decrease in the price.
In the event of any error due to incorrect data entry, printing or calculation, which results in charging a significantly lower price than normal, the Customer will be charged the lower price, unless this price is clearly excessively low, i.e. it bears no relation to the true value of the item ordered. In this case, the order will be canceled, even if it has already been automatically confirmed by MAD LANE, and the Customer will be informed as soon as possible so that they can reorder the item at the correct price, if they so wish.
The Customer must go through different steps before placing their order and paying for it.
Identification or creation of an account
Before placing an order, the Customer must register on the Site, or identify themselves, if they have already registered. To create an account, the Customer must first provide their e-mail address and a password. This information is confidential. The Client alone will be liable for any consequences arising from the use of their account, until it is deactivated. If the Customer loses the password, they can click on "forgot password" and enter their e-mail address. A new password will be sent to the Customer’s e-mail address. The Customer's password is not used to make any form of payment.The Customer will be required to provide additional information in order to continue the registration (gender, surname, first name, date of birth, landline and / or mobile phone number, delivery address, additional address details, postcode, town, country). The Customer’s registration on the Site is validated by MAD LANE after verifying the standard form completed by the Customer.
The Customer agrees to provide true, accurate and complete information in all respects and to inform MAD LANE of any change to this information. This information is required to process the orders and manage the commercial relationship between MAD LANE and the Customer. Without the requested information an account can not be created. Similarly, MAD LANE can not be held liable for any data entry errors committed by the Customer and the consequences thereof, such as a delay and / or a delivery error. In this context, the Customer will be charged for all costs incurred to ship the order again.
Use of the account
The Customer can check the details of their current order by clicking on "My basket". The Customer can also consult their order and invoice history, at any time, in the sub-section "History and details of my orders" in the "My account" section. The transaction history is stored on the Site for 12 months.
MAD LANE reserves the right to disable the Customer's account without compensation, if the Customer does not comply with the Terms and Conditions of Sale, and when formal notice, served by e-mail or registered letter with acknowledgment of receipt, remains unanswered for more than ten (10) days. In the event of any serious breach or fraud on the part of the Client, their account will be disabled with immediate effect, without any formalities or indemnity. The Customer can deactivate their account by sending an e-mail or registered letter with acknowledgment of receipt addressed to MAD LANE Customer Service, whose details are provided in the section "Customer Service Information".
Placing the order
After selecting the item(s) to be added to the shopping basket (hereinafter referred to as the "Basket"), with a maximum number of units corresponding to the number of units available in stock for each item, the Customer places their order in accordance with the instructions given on the Site. The order is then summarized, listing the items selected by the Customer as well as the prices and related costs. The Customer is free to change the content of the Basket, before submitting their order, by following the instructions given on the Site. Before confirming the order, the Customer is required to check the contents of their Basket. Submitting the order constitutes acceptance, on the part of the Customer, of the Terms and Conditions of Sale, as well as the articles purchased, their price and the associated charges. The Customer then proceeds to the payment of the order, according to the conditions indicated in the paragraph "Payment", which appears hereafter.
MAD LANE confirms the Customer's order by sending an automatic e-mail containing, in particular, the main description of the product ordered, the price inclusive of VAT and, where applicable, any difficulties or reservations relating to the order placed. The Customer formally accepts the use of e-mail by MAD LANE for the purposes of confirming the content of their order.
MAD LANE reserves the right not to confirm the order, in particular, in cases where payment authorization by the officially accredited bodies is refused, a previous delivery has not been paid, or there is an ongoing dispute with the Customer, or when there is a problem with the order received, an incomplete order, foreseeable problems concerning the supply of an item, or a cancellation or recall procedure involving one or more of the articles ordered. MAD LANE will, in this case, notify the Customer by e-mail as soon as possible.
MAD LANE recommends that the Customer keep a paper record or an electronic record of the order on a reliable computer device.
MAD LANE uses counter-signature services Colissimo, Chronopost, FedEx and UPS to ship all items ordered on the Site.
Rest of the world
The Customer can track the shipment of their parcel as soon as they receive the dispatch notice, by going to the sub-heading "History and details of my orders" in the "My account" section.
The order is shipped to the Customer’s home address or to the address of their choice according to the delivery time indicated when the order was placed, and, at the latest, within 30 days of placing the order. The order is delivered at the front door of the address indicated by the Customer, and in the presence of the latter or any person authorized to receive the parcel. The carriers are not obliged to enter the Customer's home.
MAD LANE reserves the right not to proceed with an order from a Customer who can not prove their delivery address upon request from Customer Service or the carrier. Upon the carrier’s request, the Customer agrees to provide proof of identity by means of a valid official document and, if necessary, the relevant order number communicated in the e-mail confirming their order. If the Customer is unable to receive the order personally, they must appoint a third party, with power of attorney and a photocopy of the Customer’s identity card, to receive the parcel in their place. No delivery request can be honored, if the above conditions are not met by the Customer. If the Customer (or an authorized third party) is not available at the specified address to receive the parcel, the carriers will leave a notification slip in the Customer's mailbox. In the event of delivery by Colissimo, the Customer, with valid identification, has two (2) weeks, in which to collect their parcel at the post office indicated on the notification slip. For all other means of delivery, the Customer must contact the carrier to reschedule the delivery, as the parcel must be delivered in person. Failing this, the order will be returned to the MAD LANE warehouse. MAD LANE will then offer to ship the order to the Customer again, which will be charged as a new delivery. If the Customer does not wish the order to be shipped again, they will be refunded the value of the item ordered, less the delivery and return charges.
If the delivery is not made on time or by the date stipulated in the order, the Customer may cancel their order by registered letter with acknowledgment of receipt, or any other equivalent means, if, after having instructed MAD LANE, in the same manner, to make the delivery within a reasonable extended time-frame, the order has still not been delivered. MAD LANE will then reimburse the Customer, at the latest, within fourteen days of the cancellation of the order.
Payment can be made by credit card (Visa, MasterCard, American Express) or PayPal®. For credit card payment, MAD LANE uses the Stripe payment platform. All data transfers and all data are secured by Security Socket Layer (SSL) encryption, and are not at any time stored on the MAD LANE platform. The terms and conditions of payments made via PayPal® are displayed on the site www.paypal.fr. The invoice will be attached to the dispatch confirmation email. The Customer guarantees MAD LANE that the means of payment used is valid and has not been fraudulently obtained. Where an order has not been totally or partially settled by the Customer, MAD LANE will notify the Customer by e-mail and to ask them to resolve the matter. In the absence of any reply or settlement before the order delivery date, MAD LANE reserves the right to refuse to deliver the order, to cancel open orders as well as to suspend the Customer’s account.
9. Cancellation - Right of withdrawal
The Customer may cancel the order up until their order dispatch e-mail is sent.
The Customer may return, at their own expense, items ordered from the Site within 14 days of receiving them. The Customer must notify MAD LANE of their decision to return the items, before the expiry of the above-mentioned deadline, by filling out and submitting the standard Return Form, sent with the order confirmation e-mail, or by means of a clearly worded statement, expressing their wish to return the items. The Customer must return the items to MAD LANE without undue delay, and, in any event, no later than 14 days after the date on which the decision to return the items was communicated to the latter.
The items must be returned to MAD LANE, following the procedure indicated on the return voucher that the Customer received with their order. The item(s) must be in perfect condition for resale. This means that any item that is incomplete or that has been damaged by the Customer, as a result of being handled in a manner other than that necessary for ascertaining the nature and characteristics of the item concerned, will not be reimbursed. In particular, the item(s) must be returned in its/their new, original condition, with the original packaging and product tags intact, without having been used, worn, washed or ironed, with any accessories and a copy of the invoice. Failure to do so may result in MAD LANE refusing to refund the item(s). The item(s) must also be accompanied by the return number given by MAD LANE Customer Service.
The Customer will be fully refunded, with the exception of the return shipping charges, which are to be entirely met by the Customer. Carriage forward or collect on delivery returns are not accepted. The refund will be made no later than 14 days from receipt of the request to return the ordered item(s) by the same method of payment used for the initial transaction, unless the Customer expressly requests a different method, and provided that this does not create additional charges. The refund may, however, be withheld until MAD LANE has received the returned item(s) or until the Customer has provided proof of having sent back the item(s), whichever comes first.
10. Guarantee – Responsibility
Upon delivery of the order to the Customer at the address indicated, and after the Customer has signed for the delivery, MAD LANE will have fulfilled its delivery obligation. MAD LANE declines all responsibility in the event of any subsequent loss or theft.
The items on offer comply with current regulations. They are crafted with the MARITHE + FRANÇOIS GIRBAUD brand expertise and quality, as well as the relative legal guarantees (legal guarantee of conformity and guarantee against hidden defects).
As such, the following is a reminder of the provisions made by French law:
Art. L217-4 of the Consumers' Code: "The seller delivers goods, which comply with the contract and is liable for any defects present at the time of delivery. The seller is also responsible for any defects resulting from the packaging, the assembly instructions, or the installation, where the contract states the Seller is responsible for such or it was carried out under their responsibility."
Art. L217-5 of the Consumers' Code : "The goods comply with the contract: 1° If they are suitable for the customary use expected of similar goods and, if applicable: - if they correspond to the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model; - if they present the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, the producer or their representative, in particular with regard to the advertising or labeling; 2° Or if they have the characteristics defined by mutual agreement by the parties, or are specific to any special purpose sought by the buyer, brought to the knowledge of the seller and which the latter has accepted. "
Art. L217-12 of the Consumers' Code: "Any action resulting from non-conformity is governed by a term of prescription of two years from delivery of the goods".
Art. L217-13 of the Consumers' Code: "The provisions of this section do not deprive the buyer of the right to institute proceedings arising from redhibitory defects, such as those resulting from articles 1641 to 1649 of the Civil Code or any proceedings of a contractual or extra contractual nature recognized by law".
Art. 1641 of the Civil Code: "The seller shall be liable for any hidden defects of the item sold, which render it unfit for the use for which it is intended, or which so diminish such use that the buyer would not have acquired it, or would have paid a lower price if they had known about it. "
Art. 1648 of the Civil Code, first paragraph: "Proceedings arising from redhibitory defects must be instituted by the buyer within a period of two years following the discovery of the defect."
The Customer is requested to check the number of packages and their condition and, as far as possible, their contents, in the presence of the carrier. In the event of any damage or missing items, the Customer must indicate all irregularities on the transportation document and refuse delivery. If the item received does not correspond to that ordered, or is defective, the Customer must notify Customer Service, whose details are provided in the "Customer Service Information" section, within 24 hours of delivery, and return the package in accordance with the specified conditions. MAD LANE will refund the return shipment costs and send the Customer an identical item as soon as possible (subject to stock availability).
Apart from cases of fraud or gross negligence, and subject to applicable legal provisions, MAD LANE shall not be liable to the Customer for any indirect or consequential damages that may arise from the purchase of items offered for sale on the Site.
Furthermore, MAD LANE is bound only by an obligation of using all reasonable means with regard to the operation and continuity of the Site. In no event shall MAD LANE be held liable:
- for the speed of access to the Site from other websites, the speed of opening or viewing the Site's pages, external slowdowns, suspension or inaccessibility of the service, the fraudulent use by third parties of any information made available on the Site;
- for acts due to force majeure, as defined by legislation and case law, as well as any technical failures, or problems relating to the hardware, programs, or internet network software that result in the suspension or termination of service;
- if the service offered by the Site proves to be incompatible or malfunctions with the Customer’s software, configurations, operating systems or equipment.
11. Customer Service
The Client may contact MAD LANE Customer Service for any questions, information, or complaints:
by e-mail at email@example.com from Monday to Friday from 09.00 to 12.30 and from 13.30 to 17.00
by letter addressed to MAD LANE SAS – 31 rue des Graviers 92200, Neuilly sur Seine, France.
by phone at 07 68 21 18 75.
12. Protection of personal data
Supplying personal information for the purposes of distance selling is compulsory, as this information is required to process and deliver the orders, as well as to issue the invoices. This information is strictly confidential, and is only used by MAD LANE or its subcontractors, subject to the same obligations, for processing orders only, and in accordance with the Personal Data Policy, accessible here. MAD LANE agrees not to transmit this information to third parties without prior permission from the Customer. In accordance with the Data Protection Act ("Informatique et Liberté") of January 6, 1978, the Customer may at any time exercise their right to access, change, correct or delete their personal data by writing to the following address: firstname.lastname@example.org.
13. Records, proof
The computerised records kept by MAD LANE shall be deemed by the parties to be proof of the communication, orders, payments and transactions occurring between the parties, as well as the content and date of such.
14. Applicable law - Disputes
The Terms and Conditions of Sale are governed by French law, subject to any other more favorable mandatory rule applicable in the Customer’s country of habitual residence. In the event of a dispute, the parties shall endeavour to resolve matters within 30 days of its occurrence. If no amicable settlement is reached within this period, the Customer may resort to a conventional mediation procedure or any other alternative dispute resolution procedure, or go before the court of appropriate jurisdiction. At European level, the European Commission has also set up an on-line dispute resolution platform.