Terms and conditions

MADE BY GHIGI SARLS
Head office at 3 rue d'Allamont 1120 Luxembourg
Phone: +352 621 274 665
Email: info@madebyghigi.com
RCS 231388
VAT number LU30931944
General conditions of sale of products sold on madebyghigi
Date of last update 12/02/2019

1. General
1.1. These general conditions of sale apply exclusively to all sales concluded between MADE BY GHIGI SARLS with its registered office at 3 rue d'Allamont 1120 Luxembourg, and non-professional buyers (hereinafter the "customer" ), wishing to acquire the products offered for sale by MADE BY GHIGI SARLS on its website madebyghigi.com and madebyghigi.lu.
1.2. Currently MADE BY GHIGI SARLS. only offers its products for sale within the European Union. On request, MADE BY GHIGI SARLS. may however examine a delivery to a country that is not a member of the European Union.
1.3. The customer acknowledges having read these general conditions of sale at the time of placing his order and declares to accept them without reservation.

2. Conclusion of the contract
2.1. Orders for products offered for sale on the madebyghigi.com / madebyghigi.lu website can be placed via the site's automatic registration system or by e-mail to: info@madebyghigi.com. In the event of an order by email, it is necessary to make an appointment to collect your order at the head office. Any order that is the subject of an incomplete order form cannot engage MADE BY GHIGI SARLS,
2.2. Any order implies acceptance of the price and description of the product ordered as indicated on the website.
2.3. The contract between the customer and MADE BY GHIGI SARLS, resulting from the placing of an order does not become effective until the validation of the payment. MADE BY GHIGI SARLS, may however, at its discretion, accept an order before validation of payment in the event of an order by email. Payment will thus be made upon receipt of the goods.
2.4. For a sale outside the European Union, a prior request must be sent to MADE BY GHIGI SARLS, by e-mail to the number and address mentioned in article 2.1. above. The sale becomes perfect only after discretionary agreement of MADE BY GHIGI SARLS to deliver in the country indicated by the customer and the validation of the payment of the order.
2.5. Any order as well as its shipment will be confirmed by MADE BY GHIGI SARLS, by email if the order was placed by this means.
2.6. MADE BY GHIGI SARLS reserves the right to refuse any order from a customer with whom an ongoing dispute exists or if the latter is listed as a bad payer.
3. Prices and shipping costs
3.1. All prices are indicated in euros, all taxes included (TTC), excluding shipping costs. Any change in the VAT rate will be automatically reflected in the selling prices. MADE BY GHIGI SARLS, reserves the right to modify the prices of the products offered for sale on its site at any time. Invoicing is carried out according to the rates in effect at the time of placing the order.
3.2. The shipping costs are indicated on the site and their cost for a specific order is displayed when the order is registered. They include the costs of packaging, handling and postage.

4. Taxes and customs duties
For deliveries outside the territory of the European Union, the invoice will be issued excluding tax. In this case, customs duties, local VAT and other taxes and formalities may apply to the importation of the product ordered in the jurisdiction of delivery. These are the sole responsibility of the customer who undertakes to check the possibilities of importing the products into the country of delivery.

5. Method of payment
5.1. Payment must be made in euros and can be made by credit card or bank transfer.
5.2. The cards accepted on the site are as follows: Visa, Mastercard.
In the event of payment by credit card, the customer's banking information is never communicated to MADE BY GHIGI SARLS., But processed directly via the secure and encrypted payment module of the company EVO Payments https://www.evopayments.eu / en / home / using 3D Secure technology (Verified by Visa and MasterCVard Secure)
5.3. The customer can also proceed to payment by bank transfer. Transfers must be stipulated free of charge for the beneficiary company MADE BY GHIGI SARLS, Transfers must be made within 10 working days of the date of the order. If the transfer is not made within these deadlines, the order is canceled.

6. Retention of title clause
6.1. The price is payable when ordering.
6.2. The products remain the property of MADE BY GHIGI SARLS, until full receipt of their sale price.

7. Delivery - modification of the order
7.1. In the event of an order for a product that is out of stock, the customer will be informed at the latest within three (3) working days of placing the order and of the period within which the product is estimated to become available again.
7.2. Delivery times displayed on the website are only indicative and may vary depending on the product ordered and their destination. Exceeding them cannot give rise to any cancellation of the order, reduction of the price or damage and interest as long as the delivery takes place within thirty (30) days from the validation of the payment.
7.3. The products ordered are in principle delivered in one go except in the case where the customer has opted for sending in several times as and when the articles become available. This option gives rise to additional invoicing of shipping costs according to the rates in effect for each shipment, each considered as an individual order.
7.4. Deliveries are made by an independent carrier and against acknowledgment of receipt. In the event of absence during delivery, a calling card will indicate where to collect the package or will invite the customer to make a second appointment with the carrier. In the event that the customer does not withdraw his order during the carrier's retention period, the products ordered are returned MADE BY GHIGI SARLS. The order will then be canceled and the customer will be refunded the sale price less the postage and return costs which will remain at his expense.
7.5. The customer undertakes to indicate to MADE BY GHIGI SARLS. a complete and exact delivery address. The responsibility of MADE BY GHIGI SARLS. cannot be held liable in the event of loss of goods or delay in delivery due to an incorrect or incomplete indication of the delivery address by the customer. In this case, all return shipping costs are the responsibility of the customer; lost goods are not refunded.
7.6. MADE BY GHIGI SARLS. incurs no delivery obligation for products for which payment could not be verified.
7.7. MADE BY GHIGI SARLS. can not be held responsible for any non-performance which would have for origin a case of force majeure, including in particular, cases of interruption of transport or problem of importation or exportation.
8. Right of withdrawal
8.1. The customer has a right of withdrawal allowing him to return the products ordered without giving reasons and without penalty. This right of withdrawal must be exercised within a period of fourteen (14) clear days which runs from the date of receipt of the order.
8.2. If the deadline expires on a Sunday or a public holiday, it is extended until the next working day. The return must be sent before the expiry of this period, postmark or the carrier as proof. In order to certify the return date, the customer is therefore invited to send the goods by registered or tracked mail.
Before proceeding with the return of goods, the customer undertakes to make an unambiguous declaration setting out his decision to withdraw, and to inform MADE BY GHIGI SARLS beforehand. by post, or by email info@madebyghigi.com
To do this, this withdrawal form below can be used:
Withdrawal form (Article R.222-2 of the Consumer Code)
(Please complete and return this form only if you wish to withdraw from the contract.)
- For the attention of [the trader inserts his name, geographical address and, when available, his fax number and email address]:
- I / We (*) notify you / notify (*) hereby my / our (*) withdrawal from the contract for the sale of the property (*) / for the provision of service (*) below
- Ordered on (*) / received on (*)
- Name of consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if this form is notified on paper) - Date
8.3. The return is made at the exclusive cost of the customer except in cases where MADE BY GHIGI SARLS. has expressly given its prior consent to bear the return costs. The risks incurred by the goods during the return transport are in all cases borne by the customer.
8.4. The products must be returned in perfect condition, without traces of use and not unsealed, with their original packaging not damaged.

9. Return of goods - complaint
9.1. MADE BY GHIGI SARLS. strives to deliver items to its customers in excellent condition. The customer is invited to check the good condition of the goods upon receipt. In the case of a damaged or opened package during transport, the customer must notify MADE BY GHIGI SARLS. within forty-eight (48) hours its reservations related to the delivery.
9.2. Any complaint related to the invoicing or delivery of a product (for defective condition, lack of conformity, error, missing item) must be notified to MADE BY GHIGI SARLS within ten (10) days of receipt. by the customer of the product; after this period, MADE BY GHIGI SARLS will no longer be required to accept any complaint relating to the product ordered or to the invoice, subject to the provisions referred to in article 11 below. The provisions of article 8.2. apply.
9.3. Subject to product availability, MADE BY GHIGI SARLS. undertakes to replace at its expense as soon as possible the items that do not conform to their description on the site denicheuse.com or to the object indicated in the order, provided that they have been returned within the aforementioned period in their packaging original and have not been used. The same applies to products showing a defective condition or a lack of conformity unless the customer has opted for a refund of the price.
9.4. MADE BY GHIGI SARLS. cannot be held responsible for the use made by the customer or a third party of the products ordered and delivered.
9.5. Any complaint must be sent in writing by post to the address MADE BY GHIGI SARLS, 3 rue d'Allamont, L-1120 Luxembourg. Return costs for products that have been the subject of a complaint within the aforementioned period will be reimbursed to the customer.

10. Method of reimbursement
10.1. Any refund to the customer is made as soon as possible, and at the latest within thirty (30) days from receipt of the returned product or cancellation of the order, by crediting the customer's credit card. if the order was paid by credit card and if the card allows it. In other cases, the customer will be required to communicate to MADE BY GHIGI SARLS. their bank details (IBAN account number, BIC code) for reimbursement by transfer.
10.2. MADE BY GHIGI SARLS. is authorized to deduct from the price to be reimbursed any costs of returning the goods if these costs had to be paid by MADE BY GHIGI SARLS. except in the cases referred to in article 9 above.

11. Guarantee
11.1. In any case, the customer benefits from the legal guarantee of the seller and all the other provisions provided for by the law of April 21, 2004 relating to the guarantee of conformity as well as the provisions of the Luxembourg civil code relating to the guarantee of crippling defects. . In order to benefit from the legal guarantee of conformity owed by the seller, the customer is required to denounce to MADE BY GHIGI SARLS, by any means, the lack of conformity within two years from receipt of the product.
11.2. The provisions of these general conditions of sale are without prejudice to any guarantee from the producer of the product from which the customer may, if applicable, benefit.

12. Intellectual property
The madebyghigi.com and madebyghigi.lu sites as well as all texts, illustrations, images, brands and logos reproduced therein are reserved under copyright and constitute the property of MADE BY GHIGI SARLS or are the subject of a authorization of use for the benefit of MADE BY GHIGI SARLS. Any use or reproduction of these texts, illustrations, images, brands and logos without the prior authorization of MADE BY GHIGI SARLS or of the rights holders is strictly prohibited. A hypertext link to the site is however authorized without specific request if it is for informational purposes.

13. Applicable law and legal jurisdiction
13.1. These general conditions and the contract between the customer and MADE BY GHIGI SARLS. resulting from an order for products are governed by Luxembourg law.
13.2. Any related dispute falls under the exclusive jurisdiction of the courts of the city of Luxembourg without prejudice to the right of MADE BY GHIGI SARLS to bring the dispute before any other competent court.

14. Protection of personal data
(in accordance with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing the Directive 95/46 / EC (general data protection regulation - GDPR)
14.1. Personal information communicated on the madebyghigi.com and .lu and madebyghigi.lu sites are processed in accordance with the Luxembourg law of 2 August 2002 relating to the protection of individuals with regard to the processing of personal data such as amended, and in line with the reform of EU data protection rules 2018 (GDPR). The customer has at any time, a right to access, modify, rectify and delete data concerning him. These rights can be exercised by sending a letter to the head office of MADE BY GHIGI SARLS. or electronically at info@madebyghigi.com
Information collected and its use
MADE BY GHIGI SARLS is the person responsible for processing personal data. MADE BY GHIGI SARLS undertakes not to communicate, free of charge or with compensation, the contact details of its customers (* with the exception of third parties involved in the execution of orders (carriers, banking services)) and / or of its subscribers to its newsletter to a third party. The customer has the right to access, modify, rectify and delete data concerning him, which he can exercise with MADE BY GHIGI SARLS.
Your rights: Modification and access to your personal data
You can ask MADE BY GHIGI SARLS to communicate, correct, update or delete the information you have provided on the site, and which you have authorized to keep in the customer database, by contacting us. to MADE BY GHIGI SARLS info@madebyghigi.com.
Before sending you personal data, we will ask you to provide us with proof of your identity. If you are unable to prove your identity, we reserve the right to refuse to send you personal data concerning you. Your request will be satisfied within a maximum period of 2 months, subject to the non-abusive nature thereof.
Concerning the rights of rectification and deletion: the preliminary conditions are identical to those concerning the right of access. In addition, and if applicable, you must ensure that you provide MADE BY GHIGI SARLS with updates or changes to information concerning you, including in particular that relating to your postal and / or electronic address in order to enable us to '' ship your orders to the correct address and contact you about it if necessary. Finally, the company MADE BY GHIGI SARLS may also keep, for archiving purposes, copies of communications with users of the website www.madebyghigi.com and www.madebyghigi.lu and any answers to questions or comments sent to users by our customer service.
Your rights can be exercised at no cost by sending us an email to the email address boutique@denicheuse.com, simply indicating the reason for your request and the right you want to exercise.
You are particularly entitled to:
- Ask us for access to the data we have about you.
- Ask us to rectify the data we already have.
- Ask us to delete your data insofar as they are no longer necessary for the purpose for which we might have needed to process them, according to what has already been indicated above, or for which we are no longer competent to do so.
- Ask us to limit the processing of your data, which means that, in certain cases, you can ask us to temporarily suspend the processing of the data or to keep them beyond the time necessary if you need it.
- Provide instructions regarding the retention, erasure or communication of your personal data after your death.
The security of your information and non-communication to third parties (with the exception of third parties involved in the execution of orders (carriers, banking services)
We are committed to ensuring the security of your information. In order to prevent unauthorized access or disclosure, we have put in place physical and electronic procedures to safeguard and secure the information we hold.
MADE BY GHIGI SARLS. undertakes not to communicate the contact details of its customers or of its newsletter subscribers to third parties without their authorization, * with the exception of third parties involved in the execution of orders (carriers, banking services). In the exceptional case of an unpaid or fraudulent means of payment, MADE BY GHIGI SARLS. reserves the right to communicate all necessary data to the police, competent courts and collection agencies.
14.2 Receipt of offers and newsletter
MADE BY GHIGI SARLS. gives you the possibility of receiving by e-mail information likely to be of interest to you and concerning in particular new products and promotions, sales, ... offered on the madebyghigi.com et.lu site, as well as information concerning "offline events ", organized either by madebyghigi.com or, organized by third parties, but in which madebyghigi.com participates (pop up shops, designer markets, etc.).
If you wish, you can choose at any time not to receive subsequent communications by contacting the web master by email at the following address info@madebyghigi.com or by unsubscribing from the newsletter (link available on each newsletter sent ).
14.3 Navigation cookies
When visiting the site www.madebyghigi.com, the collection of nominative and personal data is carried out by means of cookies or similar systems, in order to assess the audience and measure certain browsing models in in order to offer better service to users of the site. MADE BY GHIGI SARLS reserves the right to use such cookies or similar navigation systems to facilitate navigation on this site and personalize the information that appears there. It also reserves the right to use such cookies or similar systems to collect information about the users of the site, such as the IP address, the type of internet browser and the operating system used and / or the pages of the site. Internet visited by a user, for statistical or security purposes. Finally, it can collect this information in order to monitor the use of the site and improve certain aspects. Most browsers automatically accept cookies, but they can also be configured not to accept them or to indicate the sending of cookies. We recommend that you do not deactivate this function, as this would prevent you from moving freely from page to page and from benefiting from all the site's navigation facilities.
14.4 Security
As part of the payment process, the latter is entirely and exclusively managed by banking organizations, no personal data is collected or recorded by us. A section specially dedicated to your payments has been drawn up, art 5 “Payment Method”.