TERMS & CONDITIONS
Gambettes Box operates a product distribution activity reserved for its subscribers. By subscribing to Gambettes Box, it is a subscription offered by GB E & W SAS via the Gambettesbox.com website (hereafter the Site). Governed by Article L441-6 of the French Commercial Code and in accordance with Article L111-1 of the French Consumer Code, these General Conditions of Sale determine the rights and obligations of the parties to the contract relating to Gambettes Box.
By validating his/her order on the Site, the Subscriber declares to have read, understood and accepted without reservation the terms of the said order as well as the whole of the present General Conditions of Sale. These Terms and Conditions are routinely made available on the current Site to Clients at the time of purchase of a subscription. These Terms and Conditions shall apply on the date of the subscription according to their wording on the Site. They may, however, be subject to change.
Article 1 - Presentation of the Company
The Gambettesbox.com Website is published by GB E&W SAS with a capital of 30,000 euros, registered with the RCS of Paris on the number 789533353 whose registered office is located at 13 boulevard de Rochechouart in Paris (75009).
Article 2 - Purpose
The purpose of this contract is to register to a monthly subscription allowing access to the service Gambettes Box. This service consists of a monthly distribution of a "box" including tights or related products as well as variant products (textiles such as socquettes/socks and beachwear).
Article 3 - Legal capacity
In order to register for a Gambettes Box subscription it is imperative to be of legal age and capable of discernment, that is to say legally eligible to enter into a contract.
Article 4 - Subscribers Agreement
The Subscriber Agreement, which is the subject of these General Terms and Conditions of Sale, consists of the shipment every calendar month of a "box" including two pairs of tights or assimilated products as well as variant products.
By signing up to one of the subscriptions offers of Gambettes Box, the client accepts the General Conditions of Sale and the client acknowledges having understood and accepted them without any reservation. In the interest of sound administration to one of the subscriptions to Gambettes Box, the subscriber will be asked the fill out a form with his/her personal information. The information provided to Gambettes Box must imperatively be accurate, therefore the Subscriber must ensure that details provided are correct and compliant at the time of subscription. In case of misinformation provided, GB E & W SAS cannot be held liable.
Article 5 - Geographical area
The Gambettes Box service is available in Denmark, Luxembourg, the United Kingdom, Ireland, Germany, Austria, Belgium, Spain, Finland, Italy, Sweden and the Netherlands. The website will be available in the following languages: English snd German. Subscriptions that do not meet this geographical condition cannot be considered at this time.
Article 6 - Access to the service
In principle, the Site is accessible continually to the Subscriber seven days a week, 24 hours a day except in the case of interruption, voluntary or not, in particular, due to maintenance needs or major events. Gambettes Box cannot be held responsible for any prejudice of any nature, resulting from an unavailability of the Site.
Article 7 - Subscription
We offer four ways of registering to Gambettes Box: a monthly subscription with a monthly payment with no commitment, a monthly subscription with a monthly payment with a mandatory commitment period, a gift subscription of three months or six months with a once off payment made at the time of subscription.
- The monthly subscription, with payment each month.
The monthly subscription provides the client with a monthly box shipping service until a Party decides to terminate this contract. By accepting this offer the Subscriber accepts a monthly deduction of an amount defined at the time of the initial order. Thus, as long as the subscription subsists, the Subscriber will be deducted each month and will receive the box during the month.
Depending on the season, the Subscriber may receive other textiles such as socks/socquettes or other variant products, at the same price as his/her current subscription instead of the regular monthly 2 pairs of tights. From June to August the subscriber will receive beachwear textiles (from 2019 onwards) In 2018, Gambettes Box will not have a summer option. No money will be processed from the subscriber's account during this period. The Subscribers subscription will resume automatically in September.
During certain months, the Subscriber may receive a swimsuit and/or other textile products, at the same price as his/her current subscription instead of the regular monthly 2 pairs of tights.
Subscribers may terminate their monthly recurring subscription at any time in accordance with the terms and conditions set out in the article relating to the unsubscription of these General Conditions of Sale. At the time of registration, the Subscriber declares to have taken note of these General Conditions of Sale, to have understood them and to accept them without reservation.
- The monthly subscription, with payment each month, and with mandatory commitment period.
Some promotional offers include a mandatory commitment period. Signing up for a subscription with a fixed term duration allows the subscriber or a third party to sign up for an indefinite period with a fixed term commitment period. The subscriber will, at the beginning of each month, be automatically charged for the Box of the current month. A customer can avail of a promotional offer on the condition that the subscription is on fixed term subscription period, the customer will not be able to end their subscription before the end of this fixed term period. At the end of this fixed term period, the subscription will automatically be renewed to a monthly recurring subscription. At this point, the subscriber may terminate his/her subscription at any time.
- The quarterly gift subscription with a single payment.
The subscription to the quarterly gift subscription allows you to subscribe a third party for a period of three months. Payment for this subscription will be made at the time of subscri. By subscribing the subscriber declares to have read the present general conditions of sale, to have understood them and thus to accept them unreservedly in full knowledge of the facts.
If the subscription includes the months of June, July and August, the Subscriber will receive a or swimsuit or bikini or any other textile product instead of tights and at the same price as his subscription In progress. (from 2019 onwards)
- The six month gift subscription, with a single payment.
Subscription to this subscription allows you to subscribe to a third party for a period of six months. Payment for this subscription will be made at one time. By subscribing the subscriber declares to have read the present general conditions of sale, to have understood them and thus to accept them unreservedly in full knowledge of the facts.
If the subscription includes the months of June, July and August, the Subscriber will receive a or swimsuit or bikini or any other textile product instead of tights and at the same price as his subscription In progress. (from 2019 onwards)
Article 8 - Subscription to the newsletter
By accepting the General Conditions of Sale when signing up to one of the subscriptions offers to Gambettes Box, the Subscriber authorises Gambettes Box to send him/her emails to the address he/she will have given at the time of subscription. You can unsubscribe to the newsletter at any time via "My Account" area or by contacting email@example.com
Article 9 - Unsubscription
Only Clients receiving a monthly subscription can unsubscribe. The Client may at any time terminate their monthly fee on the "My Account" page.
If termination occurs after the automatic deduction is made at the beginning of each month, the order is deemed made for that month. The subscriber may request the cancellation of this order on the grounds of his/her application for cancellation. The unsubscription will be taken into account for the next month. In the case of unsubscription, a Client receiving a subscription at a lower price due to their age will lose this benefit and will have to pay the current price if they want to re-subscribe.
Unsubscription may also result from the decision of Gambettes Box in accordance with the terms and conditions set out in the customer account deactivation section.
Article 10 - Deactivation of Client Account
In the event of non-compliance arising from the acceptance of these General Terms and Conditions of SALE, non-payment of an order, intentionally providing wrong information to create the account, or actions that could harm the interests of the Gambettes Box service, the Company reserves the right to suspend access to the services offered on the Site or, depending on the seriousness of the acts, to terminate the subscription and the account of the Client without any compensation.
The company also reserves the right to refuse service to a Client who has been excluded or penalised for such actions.
Article 11 - Fees and Payment
The price for the monthly mail box service are those presented on the Gambettesbox.com website, all taxes included. Fees are subject to change. If applicable, the changes are only valid for future orders, orders already paid will not be affected by the tariff changes.
Payment for services will be made by credit/debit cards. The payments made will be secured by a data encryption procedure in order to avoid the interception of this information by a third party.
Within three calendar days of receipt of the subscription request, a request for debiting the bank account will be sent to the paying agency. The subscription contract will be concluded upon receipt of authorisation to debit the account by the paying agency.
Gambettes Box can not be held responsible for fraudulent use of the means of payment used. In accordance with the regulations in force the banking details of the Subscribers are not retained by Gambettes Box.
Article 12 - Evidence
The Client acknowledges the validity and the probative value of electronic exchanges and records kept by Gambettes Box and admits that these have the same probative force as those written and signed by hand under the French law n ° 2000-230 of the 13th March 2000 adapting the law of evidence to information technologies relating to electronic signatures.
Article 13 - Delivery of products
The monthly service of the Gambettes Box covers only the geographical area defined in the article "Feographical Area", ie Germany, Austria, Belgium, Denmark, Spain, Finland, Ireland, Italy, Luxembourg, the Netherlands, United Kingdom and Sweden. The boxes will be delivered to the Subscribers each month to the address given in the "My Account" information form filled in by the Subscriber at the time of registration.
In the case of a change of address, it is up to the Client to provide notification at least fifteen days prior to the beginning of the month in question by modifying their address on the information form, "My Account." If the package is returned to Gambettes Box, a second delivery will be made. If the package is returned to the sender again, there will be no new shipment. Gambettes Box will not be held liable for delays in delivery and the consequences that may result.
Article 14 - Reimbursement
Any reservations about the box and its contents must be reported within three days of receipt of the box. In case of defect in the box and/or the established order, the Client may have a new box and/or order within the limits of available stock. If the box is out of stock, the Client will get the next month's box free.
The absence or defect of a product contained in the box will result in the exchange against the same product according to the available stocks, or against another product.
In any event, the responsibility of Gambettes Box is limited by the monthly value of the subscription.To obtain reimbursement under these conditions, the Client must give notice of their choice to be reimbursed within a period of thirty (30) days. Reimbursements will be made by the same means by which the payment was originally made.
Article 15 - Major events
Gambettes Box can not be held liable for total or partial contractual non-performance due to an event of force majeure beyond our control. A Force Majeure Event relates to any event or circumstance beyond reasonable control. During the period of a Force Majeure event, Gambettes Box are not liable for any failure to fulfil contractual obligations. Gambettes Box will, however, do their best to perform to the best of their ability throughout this period.
Article 16 - Product Conformity
The information on the Site relating to products is provided by manufacturers and suppliers. Gambettes Box can not under any circumstances be held liable for the consequences that may result from the knowledge or use of this information.
The photographs of the products have only an indicative role, they are not contractual and can not engage the responsibility of Gambettes Box.
Article 17 - Intellectual Property
All elements of the Site, whether visual or audio, text, layout, illustrations, photographs, documents and other elements, including the underlying technology, are protected by copyright, trademarks and of patents. Any total or partial reproduction of the elements accessible on the Site is strictly prohibited.
Article 18 - Product liability
The Subscriber is specifically informed that Gambettes Box is not the manufacturer of the products presented within the framework of the services of Gambettes Box, within the meaning of French Law L98-389 of May 19, 1998 relating to the liability of defective products.
Also, in case of damage caused to a person or a property by a defect of the product, only the responsibility of the manufacturer of this product can be sought by the Client. The fact that the Subscriber has to make a complaint does not relieve him/her in any way of his obligations of payment.
Article 19 - Faculty of retraction
In accordance with applicable laws in force in the French Consumer Code and in the context of distance selling, the Client has the right to withdraw within fourteen (14) days after acceptance of an offer of subscription.
The notification of withdrawal must be made by registered mail or email with acknowledgment of receipt to Gambettes Box at the address mentioned in Article 1 of these General Conditions of Sale.
The fourteen day delay is also applicable in case of withdrawal after receiving the box. This period starts from the date of receipt of the monthly box. The merchandise must be returned in their original packaging and condition. Any incomplete or damaged products, or damaged and/or missing packaging may not be returned, exchanged, or refunded. For the subscription of a complete box per month, the return of the complete box is necessary. If necessary, Gambettes Box will reimburse the Client who has notified within the time period that they wish to exercise their right of withdrawal within thirty (30) days from receipt of the notification of withdrawal. The Client's account will be credited for the amount charged. Gambettes Box cannot cover the costs of postage and/or packaging in the case a return
Article 20 - Defective products
Products received by the Subscriber considered defective must be returned to the Gambettes Box in their original packaging and packaging.
Items returned incomplete, damaged, worn, damaged or used will not be exchanged or refunded. The costs of returning the products are the responsibility of the Subscriber. It is up to the Subscriber to retain any proof of return in order to be reimbursed. Once Gambettes Box has received the items that in the original packaging and undamaged, a refund of the Box will be issued.
If all the above conditions are fulfilled, Gambettes Box will send the Subscriber identical products in exchange for the products returned within the limit of the available stocks or will be refunded.
Article 21 - Information and Freedom
The information requested from the Subscriber in the questionnaire at the time of registration is necessary for the proper processing of his/her order and can be communicated to the contractual partners suppliers of Gambettesbox.com intervening in the execution of this order.
In accordance with the applicable French law in force, the Subscriber has the rights of opposition, rights of access and rights of rectification of the data concerning him/her. The subscriber may require that any personal information about him/her that is incorrect or untrue is modified, supplemented, clarified or deleted. To claim this right, the Subscriber must write to us on our "Contact Us" page.
We reserve the right to use the statistics provided by the information forms that the Subscribers have completed in order to optimise our service and that of our partners.
Article 22 - Liability
Gambettes Box as a third party cannot be found liable for the contents of partner sites and it also cannot be found liable in case of any conflict between the Client and a partner site or brand. The information allowing the Subscriber to identify himself/herself, such as the username and the password, are personal and confidential. This information can only be modified at the initiative of the Subscriber or Gambettes Box, for example: if the password is forgotten.The Subscriber is solely responsible for the use of his/her identification elements, he/she is bound to keep them secret. Any disclosure on their part can in no way be blamed on Gambettes Box. Any order made using the Subscriber's username and password is deemed to be passed by the Subscriber. Gambettes Box can not be held responsible for any damage caused by the disclosure of this personal and confidential data by the Subscriber and therefore the use of this data by a third party.
Gambettes Box may not in any way be held liable for any damages of any kind, in particular due to the use of subscription services, whether to reputation, to image, or loss of data that might arise from the use of services offered by Gambettes Box.
Article 23 - Safeguard clause
If one or more stipulations of these General Terms and Conditions of Sale are declared invalid by virtue of a law or regulation or a final court decision, the other stipulations shall remain in force and effect.
Article 24 - Transfer of rights and obligations
In the event of a total or partial transfer of the activity of Gambettes Box, the contracts binding the Subscriber and Gambettes Box and / or successors and assigns remain binding between the parties. Contracts entered into by Gambettes Box may not be transferred by the Subscriber without the prior written consent of Gambettes Box. The contracts, rights and obligations of Gambettes Box may in any event be assigned or transferred without prior approval of the Subscriber.
Article 25 - Advertising on the Site Gambettesbox.com
Gambettes Box can freely insert advertising on its Site, and has total freedom of choice as to the disposition of these advertisements, advertisers as well as the visualisation of these advertisements.
Article 26 - Modifications to the General Conditions of Sale
Gambettes Box reserves the right to modify these Terms and Conditions at any time.
If the new General Conditions of Sale are not suitable for a Subscriber, the Subscriber should terminate his/her subscription by registered letter or email with acknowledgment of receipt before the new provisions come into force in accordance with the provisions of the article entitled "right of withdrawal" Terms and Conditions of Sale. The refusal of the new General Conditions of Sale must imperatively be explicit.
Without explicit expression of consent before the entry into force of the new provisions, the Subscriber shall be deemed to have accepted the changes.
Article 27 - Applicable Law
The French law governs these General Conditions of Sale. The application of the Vienna Convention on the International Sale of Goods is expressly excluded. The Subscriber acknowledges that Gambettesbox.com’s communications and computerised records of the Site will be considered by the parties as proof of exchanges, orders, payments, and transactions between the parties unless proven otherwise.
Article 28 - Jurisdiction Clause
The parties acknowledge that any dispute of whatever nature or cause will be referred to the competent Paris courts according to the nature of the dispute.
Article 28 - Sponsorship
This promotion is open to all Gambettes Box customers who have placed at least one order.
28.2. To participate
Simply share your unique referral code with a friend * who would like to subscribe to Gambettes Box (sponsorship) so she gets 3€ off her First Box. For each sponsored person placing an order (https://www.gambettesbox.com/personal/presentation/GAMBETTES) on the site Gambettes Box with the help of this unique code, you (the sponsor) will receive 3€ creditfor your next box . This credit is indicated in your "My account"> "Sponsor my friends" (https://www.gambettesbox.com/account/referral)
The credit available is automatically deducted up to the amount available in your account if you have a monthly personal subscription in progress or will be used under the same conditions when you subscribe to a monthly personal subscription.
In the case of termination of the offer:
All accumulated credits will be honored and deducted up to a maximum of € 3 per month if you have a monthly personal subscription in progress or will be able to use the same conditions when you subscribe to a monthly personal subscription.
* This offer is valid for all new Gambettes Box customers
28.3. Duration of the promotion
You will be able to start sponsoring your friends as of February 15, 2018, and this promotion will remain active until Gambettes Box decides to stop it.
Gambettes Box reserves the right to change at any time the maximum number of people sponsored.
Any attempt to manipulate the system or use credits through a third party or group, a macro, a "script", "brute force", masking the address IP, the use of a fraudulent identity, or any other automated means (including any system designed to penetrate other systems), voids the validity of the credits in question, and may result in the closure of the relevant account.
28.6. Use of data
Before sending someone's name and e-mail address, make sure you get permission. Gambettes Box will use the personal data of your friend provided for the management of this promotion and the sending of introductory emails of Gambettes Box products or services.
28.7.If, for any reason, credits lose their validity due to a technical malfunction or any other cause beyond their control. Gambettes Box reserves the right to cancel, suspend or modify this Promotion, and not to issue new credits for affected customers.
Gambettes Box reserves the right, whenever necessary, to take all reasonable steps to protect itself from fraud, including, but not limited to, more specific verification of identity, age, or any another element concerning a customer.
Gambettes Box accepts no responsibility for any lost, corrupted or delayed sponsorship due to any network, computer or software failure. Proof of sending will not be accepted as proof of receipt.
The unique code may only be used for personal and non-commercial use. This means that you can share your invitation link with your social network friends if you are the primary owner of the content in question. On the other hand, any public distribution on a site where you are a contributor but not the main owner of the content (for example Wikipedia or a couponing site) is prohibited. Promoting your referral code through a search engine (eg AdWords / Yahoo / Bing) is also prohibited.
If you participate in this promotion, you will be deemed to have accepted, and being bound by, these terms and conditions