GENERAL SALES CONDITIONS

 
 
Preliminary Article

 

John Galliano SA (hereinafter referred to as the "Company") creates, designs and sells ready-to-wear clothing and fashion accessories for men and women, carrying the “John Galliano” trademarks.

 

In order to meet its customers' wishes to best possible effect, in addition to its Paris boutique, the Company has set in place a system for the distance selling of a selection of items on the Internet.

 

Article 1 – Scope of application

 

These standard terms and conditions of sale are applicable to all sales of items carrying the Company's trademarks:

 

  • concluded at a distance through the intermediary of the Company's website, which is identified by the domain name johngalliano.com (hereinafter referred to as the "Website");
  • by accepting orders placed by customers who are natural persons, acting as consumers, on their own account or on the account of any third party of their choice whose capacity is likewise that of a consumer.

 

All sales of items carrying the Company's trademarks effected through the Website are subject to these standard terms and conditions of sale, which the customer accepts. These terms and conditions may be modified or updated; the terms and conditions applicable to an order placed by a customer are those in force on the day on which the order is placed.

 

Article 2 – Identification of the company making the offer

 

John Galliano, a French société anonyme with a capital of €53,185.86, registered with the Paris Trade and Companies Register under the number 394 666 838, whose registered office is at 40, rue François 1er – 75008 Paris, France; Telephone: +33 (0)1 55 25 11 11; Fax: +33 (0)1 55 25 11 39; Email address: contact@johngalliano.com; VAT no. FR 96394666838.

 

Article 3 – Information concerning items and limitation of liability

 

3.1          Information (categories, corporate names, definitions, reproduction of items, detailed descriptions: properties, characteristics and composition, etc.) concerning all items carrying the Company's trademarks offered for sale at a distance is available in the John Galliano boutique, on the Website or via the customer relations department (hereinafter referred to as the "Customer Relations Department") accessible from Monday to Sunday from 10.00 a.m. to 7.00 p.m. (apart from public holidays) by telephone at +33 (0)1 48 87 92 40.

 

While taking the utmost care and ensuring the maximum degree of accuracy when placing information and descriptions of the various items online and as regards the data available on the Website or from the John Galliano boutique, and regularly updating the said information, descriptions and data, the Company cannot accept liability for any non-substantial errors that may occur. In the same way, although photographs and other reproductions of the items for sale represent them faithfully on the Website and in the John Galliano boutique, within the limits of the available techniques and in accordance with best market standards, they may nevertheless contain non-substantial errors. The customer acknowledges this and accepts it. At all events, if an item delivered is not in conformity with its description, the Company undertakes to correct this error, as provided for in Articles 12 and 13 below.

 

3.2          Speaking more generally, the Company cannot be held liable:

 

  • for interruptions of or delays on the Website owing to the carrying out of maintenance work, or owing to technical breakdowns, force majeure, or to a third party or to any circumstances whatsoever outwith its control;
  • if it is impossible for either the customer or the Company to contact the Customer Relations Department and/or momentarily impossible to access the Website, owing to facts or actions outwith the Company's control, such as computer breakdowns, interruptions of the telephone network or the Internet network, or faults affecting the hardware or software that enables reception of the said Internet network, etc.

 

Article 4 – Conditions concerning the placing of an order for items

 

4.1          In order to place an order on the Website, the customer must have reached the age of majority, enjoy legal capacity and hold the means of payment defined in Article 8 below.

 

Orders received in English and French will be accepted within the limit of the available stocks. To that end, the customer will be informed at the time of accepting the order on the Website information page describing each of the items:

 

  • of the availability of the item;
  • or, in the event of temporary unavailability of the item in question, of the possibility of ordering it with a view to subsequent delivery within the timeframe specified on this occasion.

 

If, despite the Company's vigilance, the items ordered are no longer available, the Company will inform the customer of this by any appropriate means (telephone call or email) as soon as possible.

 

4.2          The customer undertakes to ensure that all the information communicated to the Company on the Website in the context of his/her order is compliant with these standard terms and conditions of sale and full, accurate and up-to-date. Failing this, the Company reserves the right: (i) to cancel the order and the corresponding payment or, (ii) in order to first check the existence and accuracy of the customer’s information and addresses, to require that he/she supplies official documents evidencing them.

 

It is hereby pointed out that when an order is placed, the Company collects the following personal data: the identity, email address, telephone number, the address of the customer's usual place of residence, the delivery address, means of payment, etc. This data is necessary in order to process the order, and may be communicated solely to the Company's contractual partners intervening in the context of performance of the order (e.g. those acting as intermediaries, such as banking institutions for the payment for orders).

 

In accordance with the French Data Processing Act of 6 January 1978, the customer has the right to access his/her personal data and have it modified, rectified or deleted if appropriate.

 

In order to exercise this right, he/she may send a letter to: contact@johngalliano.com or at 40 rue François 1er - 75008 Paris.

 

4.3          In accordance with the provisions of Article L. 121-11 of the Consumer Code, the Company is entitled, where retail sales are concerned, to refuse to accept: (i) any abnormal order, (ii) any order placed by a customer with whom there is an outstanding dispute relating to the payment of a previous order; or (iii) any order that is not compliant with these standard terms and conditions of sale.

 

If the Company notes that the order does not meet these standard terms and conditions of sale (for example: an inaccurate delivery address, or an order that exceeds the order thresholds), it will inform the customer either directly on the Website, or by means of an email. If the customer fails to contact the Company in order to correct any inaccurate items of information or information given in his/her order that is contrary to these standard terms and conditions of sale, the Company reserves the right to purely and simply cancel the order and the corresponding payment.

 

Article 5 – Orders

 

Orders placed on the Website are subject to strict compliance with the procedures described below, which are confirmed by a succession of different screens on which the successive steps that the customer must imperatively follow in order to validate his/her order are duly displayed.

 

5.1          Step one: the customer selects the items he/she wishes to buy

 

On the Website, the customer selects, registers and validates the identification and quantity of the items that he/she wishes to order (whose availability will be confirmed, if this is the case, by the Company); these items will be added to his/her "Shopping Basket".

 

5.2          Step two: verification of the items selected

 

The customer may freely modify online his/her "Shopping Basket" containing the items selected, remove an item initially selected, modify the quantities ordered or alternatively add an item by clicking on the corresponding elements placed at his/her disposal in the "Shopping Basket". The price of the items selected will be automatically displayed in the "Shopping Basket", as defined below in Article 7.

 

5.3          Step three: confirmation of the items selected and validation of the order

 

Once the customer has made his/her selection and wishes to validate the contents of his/her "Shopping Basket", he/she must next identify himself/herself:

 

  • s’If he/she has an account on the Website: by his/her email address (user ID) and password;
  • s’If he/she does not have an account on the Website: by his/her name, address of usual residence to which the order will be invoiced to him/her, telephone number.

 

The customer must also validate:

 

  • the delivery address for the order,
  • and, lastly, the chosen payment method.

 

Once all this information has been duly recorded and validated, the price of the items, as defined below in Article 7, and the carriage costs, customs duties and other taxes, if any, will be automatically displayed.

 

The customer must then click on the "VALIDATE MY PAYMENT" button in order to pay the price of his/her order. The authorization to debit his/her bank account issued by the customer's bank will then be displayed. The customer is advised to register and/or make a print-out of this debit authorization. Once the customer's bank has authorized the debiting of his/her bank account, his/her "Shopping Basket" will be directly forwarded to the Company department responsible for preparing orders; the customer will then see his/her order number displayed.

 

This order will be binding on the customer as from the time when the "Shopping Basket", duly filled and validated by the display of the registration page for the order, is received by the Company.

 

5.4          Step four: the Company's acknowledgement of receipt of the order

 

The Company will then acknowledge having received the order by means of an email sent to the email address communicated by the customer. In accordance with the provisions of Article 1126 of the Civil Code, the customer formally agrees to the Company's using an email for the purpose of confirming the content of his/her order.

 

This confirmation email will note all the information communicated by the customer and will indicate, where relevant, any difficulties or reservations concerning the order (availability of the items ordered, delivery timeframes or payment method chosen). It will give the order number allocated to the customer by the Company.

 

5.5          Step five: despatch of the items

 

At the time of despatch of the items ordered to the delivery address chosen by the customer, the Company will send the latter an email informing him/her of the said despatch and the banking of him/her payment, as provided for below in Article 8.

 

Article 6 – Proof of the order

 

Generally speaking, it is expressly agreed between the Company and the customer that emails exchanged by the parties will hold good and be held to be authentic, as will the automatic registration systems used on the Website, especially as concerns the nature and date of the order. In addition, the Company will keep the items of information concerning any order whose value is equal to or greater than one hundred and twenty euros (€120) for a period of ten (10) years. This information will be made available to the customer on his/her sending a request to that effect to: contact@johngalliano.com or at 40 rue François 1er - 75008 Paris.

The customer is nevertheless advised to also keep a copy (in the form of a computer record and/or a paper print-out) of the various items of information relating to his/her order (for example, the email sent by the Company as provided for in Article 5.4 above).

 

Article 7 – Price of the items

 

The prices displayed on the Website are given in Euros and include all taxes applicable, such as VAT, but do not include delivery costs, customs duties and other taxes, if any, relating to the import of the ordered items in the country where delivery is requested.

 

The prices involved are those in force at the date of the order.

 

The amount of the transport costs, customs duties and other charges, if any, will be automatically displayed, if relevant, on the Website at the time of the validation of the delivery address chosen by the customer, as stipulated in Article 5.3 above, and will also be communicated to the customer at the time of confirming his/her order by email.

 

At the time of delivery, the customer will receive written confirmation of the price paid for each item and the delivery costs, customs duties and taxes charged.

 

Article 8 – Payment terms

 

The customer's purchases will be paid for by one of the credit cards listed on the Website, which the customer is to be the holder and which mentions his/her identity (surname and first name).

 

The customer will access a secure server operating in SSL mode (128 bits) that has been certified by a Certification Authority. The customer must provide his/her credit card number and/or their bank details by filling in the online payment form.

 

The transaction will then be effected by the customer in accordance with secure banking standards. By communicating his/her credit card number and/or bank details; the customer unconditionally agrees in advance that the Company may complete the secure transaction in question. The customer therefore authorizes his/her bank in advance to debit his/her account with a view to any registrations or statements forwarded by the Company, even in the absence of invoices signed by the holder of the card. The authorization to debit the customer's account is always given only for the amount of the item/ items bought.

 

The customer's credit card will then be debited after verification of the fact that his/her order is in conformity with these standard terms and conditions of sale, and after having checked the availability of the item(s), at the time of the despatch of the latter by the Company. If, for any reason whatsoever (objection, refusal on the part of the issuing centre, etc.), debiting the sums payable by the customer proves to be impossible, the order will not be registered by the Company and/or will be cancelled.

 

Article 9 – Delivery

 

Items can only be delivered:

 

  • either to the customer's usual place of residence;
  • or to the delivery address indicated by the customer at the time of placing his/her order, it being pointed out that this address may correspond to the usual place of residence of a third party beneficiary chosen by the customer or, failing this, to the address of the company in which the latter pursues his/her professional activity; it is understood that that items cannot be delivered to hotels or post office boxes.

 

Once payment of the amount payable for the items ordered has been duly recorded, these items will be delivered to the delivery address indicated by the customer. To that end, the latter undertakes to have communicated an exact delivery address to the Company.

 

The items ordered will be delivered, depending on the modes of despatch provided on the Website:

 

  • either on the date or within the timeframe indicated to the customer by the Company on the Website and, at the latest, within thirty (30) days of the date of the order;
  • or within the timeframes notified to the customer in the case of temporary unavailability of the item in question and accepted by the customer at the time of adding an item in his/her "Shopping Basket" prior to acceptance of his/her order.

 

Article 10 – Reservation of title

 

THE COMPANY RESERVES THE OWNERSHIP OF THE ITEMS DELIVERED UNTIL SUCH TIME AS THE PRICE HAS BEEN PAID IN FULL, IN PRINCIPAL AND INTEREST. PAYMENT WILL BE COMPLETED ONCE THE PRICE HAS EFFECTIVELY BEEN BANKED. IN THE CASE OF TOTAL OR PARTIAL NON-PAYMENT, THE COMPANY MAY ISSUE A FORMAL CLAIM IN RESPECT OF THE ITEM OR ITEMS DELIVERED BY THE COMPANY TO THE CUSTOMER.

 

Article 11 – Intellectual property rights

 

The customer is granted a limited right to use the Website, which remains the exclusive property of the Company, which created it and put it online, including the web pages, images, word sources and database composing it. The customer accordingly undertakes not to disseminate or reproduce the Website, either in whole or in part, in any form whatsoever. The Company's items and trademarks, whether figurative or not, and, in general, any other signs, illustrations, images, designs, models and logos featuring on the Company items sold at a distance, or on their accessories or packaging, whether filed or not, are and will remain the exclusive property of the Company.

 

Any total or partial reproduction, downloading, modification or use of these trademarks, signs, illustrations, images and logos, designs and models, for any reason whatsoever and on any medium whatsoever, without the Company's express prior written consent, is strictly prohibited.

 

The same applies to any combination or conjunction with any other trademark, symbol, or logo or, in general, any distinctive sign destined to form a composite logo. In the same way, the following are strictly forbidden without the Company's express prior written consent:

 

  • the creation of hyperlinks towards any of the pages or elements making up the Website;
  • any non-compliant use of this right to use the Website and, in particular, use of any of the elements making it up (items presented, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for the purpose of making a sale or for any other directly or indirectly commercial use.

 

Article 12 – Right of withdrawal and the right to return items

 

In accordance with the provisions of Articles L. 221-18 et seq. of the Consumer Code, the customer has a right of withdrawal that he/she may exercise:

 

  • on the Website via the section "Request concerning a return": the Company will acknowledge having received the customer's withdrawal from the sale by means of an email,

or 

  • by returning to the Company the withdrawal form sent to him/her by the Company in the email confirming his/her order (also accessible here http://contact@johngalliano.com) duly filled in or by any other written declaration expressly mentioning the fact that he/she is exercising his/her right of withdrawal, or by means of a letter sent to: contact@johngalliano.com or at 40 rue François 1er - 75008 Paris,

 

without having to justify his/her decision, within thirty (30) days as from the time of receiving the items. The customer acknowledges that he/she has been informed and accepts that, pursuant to article L. 221-28 3rd of the Consumer Code, he/she will not benefit from such right of withdrawal for personalised items, for items made to his/her specifications and/or revised or altered at his/her request.

 

The customer must then return the items delivered:

 

  • either by following the various different steps of the procedure suggested by the Company, as described on the Website, in the context of which all the costs of returning the items will be met by the Company, within the limit of one despatch of returned items per order;
  • or by any means chosen by them, at his/her own expense. Customer is advised to keep any proof of having returned items, which presupposes that the items will be returned by the customer by recorded delivery or any other means that allows a specific date to be established.

 

At all events, the return of items that have been delivered must be made by the customer:

 

  • within thirty (30) days as from the time of his/her exercising his/her right of withdrawal,
  • in their original packaging (or at least in packaging that will afford the items in question an equivalent degree of protection during their return transport), in perfect condition that enables them to be put back on sale by the Company, unused, and accompanied by all the accessories and documents provided with them (notice, warranty, certificate of authenticity, etc.) and a delivery slip enclosed with the items delivered.

 

Reimbursement of the price invoiced for items returned will be effected by crediting the customer's bank account within, at the latest thirty (30) days as from the time when the Company receives the said items. Any personalised, revised or altered item, or any item returned in a damaged, used, incomplete or soiled condition, may not be refunded or exchanged.

 

Article 13 – Conformity – Warranty

 

The customer must ascertain that the items delivered to them correspond to his/her order. If the items delivered are not the items that were ordered, the customer is advised to:

 

  • inform the Company of this as soon as possible, either directly on the Website under the heading "Request concerning a return", or by means of a telephone call made to the Customer Relations Department (at the number and during the times indicated in Article 3 above), or by means of an email sent to: contact@johngalliano.com explaining why the item is not in conformity with his/her order,
  • and return the items in question in their original packaging (or at least in packaging that will afford the items in question an equivalent degree of protection during their return transport), in perfect condition that enables them to be put back on sale by the Company, unused, and accompanied by all the accessories and documents provided with them (notice, warranty, certificate of authenticity, etc.) and a copy of the delivery slip enclosed with the items delivered,
  • following, in order to facilitate the Company's processing of the returned item, the various different steps of the procedure suggested by the Company, as described on the Website, in the context of which all the costs of returning the item will be met by the Company, within the limit of one despatch of returned items per order.

 

If the customer organizes the return of the said items himself/herself, by means chosen by him/her and at his/her own expense, he/she is advised to keep any proof of having returned the items by recorded delivery, or by any other means that allows a specific date to be established. The cost of returning the item will be met by the Company, provided that the Company agrees that the customer is right in claiming that the item returned is not in conformity with his/her order, further to the latter's having sent proofs of the said costs to the Company. They will then be reimbursed by crediting the customer's bank account accordingly.

 

If it is not possible to exchange the item returned, and if the customer does not wish to be sent a credit note, reimbursement of the price invoiced for non-compliant items that have been returned will be effected by crediting the customer's bank account within, at the latest, thirty (30) days as from the Company's receipt of the returned items.

 

Notwithstanding any specific warranty terms and conditions that may have been forwarded to the customer with the item delivered, the Company's items are subject to the following legal guarantees concerning conformity and any defects in any item sold:

 

Article L. 217-4 of the Consumer Code stipulates that: "The seller delivers goods that are in conformity with the sale contract, and will be responsible for setting right any non-conformity existing at the time of delivery.

It will also be responsible for any non-conformity resulting from the packaging, or from the instructions concerning assembly or installation if the seller is responsible for this under the terms of the sale contract or if it took place under their responsibility." »

 

Article L. 217-5 of the Consumer Code: « The good is in conformity with the contract:

1. if suitable for the use normally expected of similar goods and:

-if it corresponds to the description given by the seller and possesses the qualities presented by the latter to the purchaser in the form of a sample or model;

-if it presents the qualities that a purchaser may legitimately expect in the light of the public declarations made by the seller, the producer or their representative as, for example, in advertising material or labelling;

2. Or if it presents the characteristics defined by mutual agreement by the parties or is suited to any special use sought by the purchaser, brought to the seller's knowledge and agreed to by the latter."»

 

Article L. 217-12 of the Consumer Code : « Legal actions resulting from the non-conformity of goods are time-barred at the end of two years as from the delivery of the goods. »

 

Article L. 217-16 of the Consumer Code : « Where the buyer asks the seller, during the course of the commercial warranty granted to him/her at the time of the acquisition or repair of a product, for a repair covered by the warranty, a period of at least seven days is added to the remaining warranty period.

This period shall run from the buyer’s request to the seller or when the product in question is made available for repair, if such availability is subsequent to the request for intervention. »

 

Article 1641 of the Civil Code : « The seller is bound by a warranty relating to any hidden defects in the thing sold that render it unsuitable for its intended use, or which so reduce this use that the purchaser would not have bought it or would have paid a lower price for it had it been aware of these defects ».

 

Article 1648, paragraph 1, of the Civil Code : « Any legal action on the score of hidden defects must be brought by the purchaser within a period of two years as from the time of discovering the defect in question. »

 

Article 14 – Force majeure

 

The Company's performance of all or part of its obligations will be suspended in the event of the occurrence of an act of God or a case of force majeure, as defined in article 1218 of the Civil Code, which prevents or delays their performance. The Company will inform the customer of any such act of God or case of force majeure within seven (7) days of its occurrence.

 

If this suspension of the Company's performance of its obligations continues for more than fifteen (15) days, the customer will have the possibility of cancelling the order in course. In this case, the customer will be reimbursed by the Company as soon as possible by crediting his/her bank account.

 

Article 15 – Non-renunciation

 

The fact that at any given time the Company abstains from enforcing the performance of any of the provisions set forth in these standard terms and conditions of sale cannot be interpreted as constituting renunciation of the possibility of subsequently invoking the said total or partial non-performance.

 

Article 16 – Validity of the standard terms and conditions of sale

 

Should any of the provisions of these standard terms and conditions of sale come to be declared wholly or partially null and void, the other provisions and all the other rights and obligations resulting from the said standard terms and conditions of sale will remain unchanged and will continue to be applicable.

 

Article 17 – Disputes - Applicable law

 

THESE STANDARD TERMS AND CONDITIONS OF SALE ARE GOVERNED BY FRENCH LAW, EXCEPT IN THE EVENT OF ANY IMPERATIVE PROVISIONS TO THE CONTRARY PURSUANT TO EC REGULATION no. 593/2008 OF 17 JUNE 2008 CONCERNING THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS (ROME I). SHOULD ANY DIFFICULTY ARISE ON THE OCCASION OF AN ORDER OR THE DELIVERY OF THE COMPANY'S ITEMS, BEFORE TAKING ANY LEGAL ACTION, THE CUSTOMER WILL HAVE THE POSSIBILITY OF SEEKING AN AMICABLE SOLUTION WITH THE COMPANY AND TO ASK FOR THE ASSISTANCE OF THE COMPETENT CONSUMER OMBUDSMAN.

 

CGV #1 July 17th, 2017