General conditions of sale

BtoC General Sales Conditions

Welcome to the website https://inmygab.com/, we are delighted to welcome you and that you like our products.

Your satisfaction is our priority and we do everything we can to offer you the best customer experience.

We ask you to read these general conditions of sale carefully before accepting them.

The T&Cs are important to us as well as to you!

The purpose of this document is to inform you, prior to your purchase, about our conditions of sale and to answer any questions you may legitimately have, such as "can I withdraw", "what are the delivery times", etc.

Definitions:

In this document:

• GAB “we” means the professional seller.
• “you”, “the customer(s)”, “the consumer(s)” means the non-professional buyer having the status of consumer

PURPOSE OF THE GTC:

The general conditions of sale govern and apply to all sales of GAB products made on the site https://inmygab.com/ to non-professional buyers with the status of consumers.

The T&Cs prevail over any other conditions or contradictory documents present on the inmygab.com website or its social networks and/or in physical stores; except for special derogatory conditions agreed between the parties.

The T&Cs are permanently accessible on the misslinoush.com website and we refer to the T&Cs before placing your order. You can download and/or print them, so that you can keep a copy.

The T&Cs are subject to change; the modifications are not retroactive; only those in force on the date you place your order are applicable to you.

Accepting the T&Cs by checking the box provided for this purpose and validating this choice with a click implies your full adherence and acceptance of these T&Cs.

By placing an order online, you enter into a contract with the seller. Therefore, you must and acknowledge that you are of legal age and have legal capacity.

The invalidity of a contractual clause does not entail the invalidity of the General Terms and Conditions and the titles themselves are worthless.

WHAT PRODUCTS DO YOU OFFER?

You will find our products offered for sale by GAB on the site https://inmygab.com/ in the section https://inmygab.com/collections/all

The essential characteristics of the products offered by GAB are presented on the descriptive sheets of each product. You will find substantial information on the product there, before any purchase.

Photographs accompany the product descriptions, so that you can visualize the product; however, minimal variations in the representation of the products are possible with photographs, which do not engage the responsibility of GAB .

If you still have questions and need more information, you can contact us (see: HOW TO CONTACT US below), we will be happy to answer them!

You have the pre-contractual information, prior to the conclusion of the sales contract, it is your responsibility to consult it before placing any order.

HOW TO ORDER?

The ordering process is carried out in several stages:

1. Consultation of the products offered for sale by GAB on the website https://inmygab.com/
2. Selection of product(s) by the customer
3. Customer viewing of order details and total price
4. Correction of possible errors by the customer
5. Confirmation of the order by the customer, which expresses his acceptance of the order. At this stage, the customer expressly and unreservedly accepts the general conditions of sale
6. Validation and payment of the order by the customer
7. Acknowledgment of receipt of the order by GAB

At this stage, the order cannot be modified, except with the express and exceptional agreement of GAB; and cannot be cancelled outside of the right of withdrawal, the conditions of which are defined below, or in cases of force majeure. Unless proven otherwise, the data recorded in the seller's computer system constitutes proof of all transactions concluded with the customer.

WHAT ARE THE PRICE CONDITIONS?

Any placing of an order implies payment by the customer; this is an order with payment obligation.

Price

Product prices are displayed on the inmygab.com website; on the product description pages and on the order summary page, before confirming your order.

Prices are expressed in euros (€), all taxes included (TTC), the applicable VAT rate being that in force in France on the date the order is placed. 

The price may be modified at any time by GAB. However, the price applicable to you is the one in effect displayed on the inmygab.com website at the time of your order.

You will be able to benefit from the discounts (promotion, sale, etc.) which appear on the misslinoush.com website under the conditions and during the validity period specified on the inmygab.com website.

Unless special offer is granted by x , delivery and transport costs are not included. They are charged in addition and displayed prior to placing the order.

GAB reserves the right to suspend or cancel the order in the event of non-compliance with the above payment conditions.

You will receive your invoice at the email address you provided. For customers who created a customer account when ordering, they can find their invoice in their personal space.

Please note that orders shipped outside the European Union and/or French overseas departments and territories are subject to customs formalities.

Payment of customs duties and other possible import taxes are the responsibility of the buyer and at his expense.

Payment

Payment is made immediately after order confirmation.

Payment is due in full and payable in cash using the following payment methods:

• Bank card
• Paypal

WHAT ARE THE DELIVERY CONDITIONS?

Delivery

Delivery means the transfer to the consumer of physical possession or control of the good.

We offer our products for sale internationally / France / Europe (customization is required here)

GAB will deliver the products according to the terms defined when ordering (price and carrier), to the address you provided when placing your order and within the time period specified when ordering.

You must be vigilant and check the address provided before confirming your order, as you will be held solely responsible for the consequences arising from any data entry error on your part and the related costs, in particular the reshipping costs which will be your sole responsibility.

Deadline

GAB will make every effort to ensure that your order is shipped within the time frame specified when ordering.

Deadlines run from the date of dispatch. This period does not take into account the order preparation time.

You may request in writing the termination of the sale (under the conditions provided for in Articles L 216-2 et seq. of the Consumer Code), only if the delay in delivery exceeds 30 days from the date of the order. It will then be up to x to return the sums paid to you no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.

The resolution of the sale will not be retained if the delay or failure to deliver occurs due to the consumer or a case of force majeure.

Price

The delivery price varies depending on the carrier chosen and the weight and size of the package.

In any event, the delivery time and price will be communicated to you before your order is confirmed.

I HAVE A PROBLEM WITH MY ORDER:

Why is my order cancelled?

We may cancel your order for any legitimate reason, including if there is a prior dispute.

The order may also be refused if the quantities ordered are abnormally high compared to the quantities usually ordered by buyers as consumers.

We may cancel your order if the product is unavailable.

Availability :

Our products are offered as long as they are visible on the GAB website and within the limits of available stocks. In the event of unavailability of a product after placing your order, we will inform you by email.

Your order will be automatically cancelled and if the bank debit has already been made, you will be refunded within 14 days.

GAB is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.

My package is damaged, what should I do?

Ownership of the products is transferred to you upon acceptance of the order by GAB and payment of the order.

The transfer of risks of loss and deterioration of the products occurs from the effective delivery of the order.

Upon delivery, you must ensure that the package is compliant and has not been damaged. If you notice any damage to your package upon receipt, please refuse the package. In addition, you must follow the following procedure:

• Explicitly indicate your reservations on the delivery note or on the package if applicable (e.g.: package torn at the top, 5 cm hole / wet package, open package, etc.). Please note that simply checking the "with reservations" box has no legal value. You must write down your reservations exactly; it is advisable to take photos of the package as proof. In the event that the delivery person/carrier does not give you time to check the condition of the package, please add this note to your reservations.
• Send the carrier, within three working days of delivery, a registered letter with acknowledgement of receipt, to inform them of the apparent damage that you have noticed and confirm your reservations. Please note that if the delivery person/carrier does not let you check the condition of the package, this period is extended to 10 days. The same procedure must be followed if the damage (damage, theft) was only discovered when the package was opened, even if the exterior of the package (packaging) is not damaged.

In parallel, please contact GAB immediately to report the problem to us. To process your request more quickly, please provide us with the following photos: order number, delivery note + photo of the products.

In the event that you choose to be delivered by a carrier other than the one chosen and proposed by GAB, the transfer of risks occurs as soon as the products are handed over to the carrier, consequently, GAB declines all responsibility and any loss or deterioration of the products will be your responsibility.

My package seems lost, what should I do?

In case of lost package, please contact GAB without delay

I received a different product than the one I ordered, what should I do? 

In the event of an error on the part of x when preparing your package, you must inform GAB within 2 days of receiving your order. x will ask you to send them your order number by email and provide the following photos: delivery note + photo of the products. In the event of an error, GAB will send you a return slip by email so that you can return the item received in error. Upon receipt of the returned product, GAB will proceed to send a new product corresponding to your order free of charge (provided that the return conditions provided for in the "withdrawal" article herein are respected)

I received a product with a defect, what should I do?

From the date of delivery, you have a period of (3) three working days to send your complaint in writing (by post or email).

You must attach to your request all supporting documents, including photos proving the subject of your claim. If the claim is not made within these time limits and conditions, it will be refused by GAB and the products will be deemed compliant and free from any apparent defect.

You may request a refund or replacement of the product, which will be the responsibility of GAB, for any product delivered, the lack of conformity or apparent or hidden defects of which have been duly proven by the consumer, under the conditions provided for in articles L 217-4 et seq. of the consumer code and those provided for in these T&Cs.

CAN I WITHDRAW?

You have the right to go back!

Yes, but there are conditions to respect if you wish to withdraw:

From the day you receive your order, you have 14 clear days to notify x of your wish to withdraw, without having to provide reasons for your decision or incur any costs other than those necessary to return your order.

To do this, you can use the withdrawal form that you will find in the appendix at the bottom of the page of these T&Cs.

You can also express your wish to withdraw, on plain paper, without ambiguity, by post or email, specifying:

• Your order number
• The reference of the article subject to withdrawal
• Your first and last name
• Your address
• Your phone number
• Your email address

In the event of a dispute, it is up to you to prove that you have respected the aforementioned withdrawal period.

Exception to the right of withdrawal

• For products subject to customization

The right of withdrawal is excluded for orders of products subject to personalization.

In the event of specific requests from the customer (custom-made/retouching, etc.), the right of withdrawal is also excluded.

• Regarding cosmetic products:

Please note that if the customer unseals the product (breakage of the tamper-evident ring, removal of the plastic clip, protective film, etc.), it will not be possible to retract it.

The right of withdrawal is in fact conditional on compliance with the requirements ordered by article L 221-28 of the consumer code which provides in particular that “the right of withdrawal cannot be exercised for contracts:

1° Of the provision of services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the performance of which has begun with his prior and express agreement and with his recognition of the loss of his right of withdrawal, when the service has been fully performed by the professional;

2° Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;

3° Supply of goods made to the consumer's specifications or clearly personalized;

4° Supply of goods likely to deteriorate or expire rapidly;

5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection

6° Of supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;

7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;

8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;

9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;

11° Concluded at a public auction;

12° Of the provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;

13° Of supply of digital content without a physical medium, the execution of which has begun before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, when: a) He has given his prior express consent for the execution of the contract to begin before the expiry of the withdrawal period; and b) He has acknowledged that he will lose his right of withdrawal; and c) The professional has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of Article L.221-13.

HOW TO MAKE A RETURN?

(For products not excluded from the right of withdrawal)

The return must comply with the following conditions:

• The products must be returned to GAB no later than 14 days after having informed GAB of your wish to withdraw.
• The products must be returned in their original condition and complete (without prejudice to the possibility of unpacking and testing the product) allowing them to be put back on the market in new condition.
• Products must not be damaged or incomplete.
• Products must not have body odor, perfume odor, or laundry odor.
  
• The package must be returned by post via colissimo* to the above address.

Unfortunately, purchasing online does not allow you to inspect the product as if you were in store. However, the possibility of withdrawing (under the conditions stated) allows you to try the product as you would in store. It is important to note that if GAB finds traces of use that go beyond this framework and, in general, a depreciation of the product, GAB may apply a discount and you will only be reimbursed for the amount of your order, less the discount.

When the conditions set out herein are met, GAB will reimburse you within a maximum of 14 days after you have informed it of your wish to withdraw. However, GAB refers to the right to defer the reimbursement until receipt of the items concerned by the withdrawal.

GAB will make the refund using the same payment method as that used for the initial purchase. You will be fully refunded, excluding delivery costs.

Furthermore, the costs and risks associated with the return are your responsibility. *To ensure efficient management of your return, we recommend that you use the Colissimo suivi service for shipping and keep all proof of shipment, including proof of shipping and the parcel tracking number. This will allow you to locate the parcel in the event of a problem.

Please note that only senders (i.e. you as a customer) are authorized to initiate an investigation with the postal services in the event of a delivery problem. It is important to emphasize that GAB cannot be held responsible for any loss or damage during the return process.

In the event of a dispute or refund request, it is your responsibility to provide proof that you have complied with the aforementioned withdrawal period. We thank you for your understanding and cooperation.

HOW TO CONTACT YOU?

For any inquiries or complaints, whether before or after your purchase, you can contact customer service by email: contact: inmygab@gmail.com

To ensure effective monitoring and keep track of our exchanges, we ask that you prioritize exchanges by email.

CUSTOMER REFERENCE:

Your feedback, messages and photos are welcome! They are essential to help GAB improve even more and offer you a quality customer experience.

You hereby authorize GAB to make them public on its website misslinoush.com and/or social networks Instagram, Tiktok, Snapchat…

Unless expressly prohibited by the customer, GAB is authorized to mention the customer's first name and/or username (social networks) in its reference lists.

When the customer sends GAB a message, comment and/or opinion relating to his order, he authorizes GAB to use these testimonials for promotional and advertising purposes in particular. The customer authorizes GAB to adapt the form of these testimonials or to make changes to them (on the form).

This operating authorization is granted free of charge and without compensation.

LEGAL PROVISIONS 

Opposition to telephone canvassing 

As a consumer customer, you can register for free on the telephone canvassing opt-out list on the website www.bloctel.gouv.fr , if you do not wish to be the subject of telephone sales prospecting.

Compliance and legal guarantee

The Customer benefits from the legal guarantee of conformity (articles L. 217-3 to L. 217-20 of the Consumer Code) and the legal guarantee relating to defects in the item sold (articles 1641 to 1648 and 2232 of the Civil Code).

Personal data 

When you place an order, GAB collects personal data necessary for the conclusion of the contract, in order to guarantee its execution, to manage administrative aspects and to issue invoices.

This data includes your first name, last name, postal address, email address and telephone number.

GAB guarantees that this data collection is carried out in full compliance with the laws in force (law 78-17 of January 6, 1978 amended by law n°2018-493 of June 20, 2018) and is based on the following legal basis: the execution of the contract.

GAB undertakes to use your data only for the purposes specified, unless the law requires it to be shared with a competent judicial or administrative authority.

Your data is processed internally and GAB may communicate this data to its potential subcontractors responsible in particular for the execution, processing, management and payment of orders.

Your data will be kept for the duration of the contract or up to 3 years after our last contact with you. Afterwards, they will be archived in accordance with the legal requirement, i.e. 5 years.

We take security measures to protect your personal data from alteration, damage or unauthorized access by third parties.

You have the right to control the use made of your data, you can request access to your data, have it rectified, or object to being included in a file. You have a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning you. You can also object to the collection and/or use of your data as long as it is not essential for the proper execution of the contract.

To exercise this right, you must make your request by sending an email to the address: contact.inmygab@gmail.com

If you find that a violation of the general data protection regulation has been committed, you have the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the Data Protection Act of 1978, in order to obtain compensation before a civil or administrative court. You have the possibility of filing a complaint with the National Commission for Information Technology and Civil Liberties.

More detailed information on personal data is available in the privacy policy

Intellectual property

The products for sale on the website https://inmygab.com/ are the property of GAB and are protected by intellectual property law.

All elements constituting the website https://inmygab.com/ are the property of GAB and are protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright. The images, logo, brand, texts, photographs and any other element of the website, including these T&Cs, are protected by copyright, you are exposed to legal proceedings in the event of plagiarized, copied, stolen content, etc.

APPLICABLE LAW:

These general conditions of sale as well as all purchase and sale operations mentioned are governed by French law.

These General Terms and Conditions are written in French. If they are translated into another language, only the French version will be valid in the event of a dispute.

We inform you that in the event of a dispute arising after your purchase on the x site, you have several options for recourse, whether amicable or legal:

For an extrajudicial appeal:

You are invited to first contact the seller's customer service in order to find an amicable agreement.

In the event that we are unable to reach an arrangement, you have the option of resorting to conventional mediation or resorting to any alternative dispute resolution method.

In this regard, you can use the mediation service free of charge from the mediation body whose references are as follows: CNPM

Once you join the mediation system, reproduce here the text that they will ask you to insert in your documents

To be admissible, your referral to the mediator must be made within one year of a written complaint that you sent to us remaining unsuccessful.

As a consumer, you can contact the Online Dispute Resolution Platform (ODR) accessible at the following address:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR

You can also contact a consumer association which will help you with your procedures or alert the DGCCRF.

When no amicable solution can be reached, you can take legal action and the dispute will be submitted to the competent courts under the conditions of common law.

For legal recourse:

You may bring legal action at your own expense. The dispute will be submitted to the competent courts under the conditions of common law.