Our general terms and conditions of sale
Updated on 30 January 2025 – Download the PDF version
1. Purpose of the general terms and conditions
The purpose of these general terms and conditions (hereinafter “ General Terms and Conditions of Sale ” or “ GTC ”) is to establish the terms and conditions according to which GALIBIER, SAS (limited joint stock company) with a share capital of €10,000, whose registered office is at 65 rue des Tuiliers, 38430 Saint-Jean-de-Moirans, registered under number 985 047 489, and whose legal representative is Éric Forestier (hereinafter the “ Seller ”), a shoe retailer, sells to a consumer client (hereinafter the “ Customer ”) one or more product(s), as described in the Order (hereinafter the “ Product(s) ”).
2. Documents comprising the Contract
The Contract governing the contractual relations between the Parties (hereinafter the “Contract”) is composed of the following contractual documents:
- The Order placed on the Seller’s website (hereinafter the “ Website ”)
- These General Terms and Conditions of Sale (GTC)
3. Formation of the Contract
The Products selected by the Customer are those specified in the Order placed on the Seller’s website at the following address: www.galibier.com
It is specified that Orders placed online by the Customer via the Website constitute contracts entered into remotely, according to Article L. 221-1 of the French Consumer Code.
The Customer acknowledges that they have read the content of this Contract, before entering into it, which provides the compulsory pre-contractual information provided for in Article L.221-5 of the French Consumer Code.
The Customer agrees to receive a copy of this Contract electronically.
The Stages of the Order are as follows :
1 From the product page by selecting the desired size as well as the quantities
2 By clicking on the “Add to basket” button then “ View basket ” or “ Continue shopping ”
3 From the basket page, the Customer may amend the quantity and see the total price breakdown (amount excl. VAT, VAT, delivery charge, amount incl. VAT) and is then invited to click on “ Finalise order ”
4 The Customer is then invited to log in or create an account, and enter their delivery address. The delivery address information provided determines the price, currency and amount of delivery fees. The Customer then selects their delivery method (home address or pickup point) followed by their payment details (credit or debit card, PayPal, American Express, Applepay, etc.)
5 The Customer is also invited to read and accept these General Terms and Conditions of Sale and the Personal Data Use Policy before making payment by clicking on the “ Proceed to payment ” button
Until the payment stage, the Customer may change the Order, in particular any mistakes made when entering data, by returning to the previous screens.
Final acceptance of the Order therefore occurs when paying for the Order.
Confirmation of the Order placed is provided on the Website after payment is confirmed.
The Order confirmation includes a summary of the contents of the Order, the Order number and date, the Order amount, as well as the Customer’s delivery address.
The Order confirmation is sent simultaneously by email to the Customer at the given address. The Seller reserves the right to reject an Order, particularly in the event of suspected fraud or proven fraud (fraudulent personal details, etc.).
4. Conditions applicable to the Products
4.1 Product availability
When placing an Order, the Customer can see whether the required Product is in stock or not.
If a Product is not in stock, it cannot be ordered.
The Seller undertakes to make every effort to provide the Customer with information concerning the availability of various Products. In the event of definitive unavailability after an Order is placed, the Customer will be informed as soon as possible by email and will be fully reimbursed for all costs incurred at the time of the Order.
4.2 Place of delivery – Delivery fees – Customs duty
Products are delivered to the delivery address provided by the Customer or to a pickup point. The delivery address may be different from the billing address. Possible geographical delivery zones and pickup points are those indicated on the Website on the Order date.
Deliveries are carried out through the DHL service. Customs duty shall be paid for by the Seller.
4.3 Delivery times
The Products sold to the Customer are delivered within the time frames indicated at the time of the Order.
The Seller undertakes to adhere to the agreed delivery times, it being specified that the maximum delivery time for Products once an Order is dispatched is 10 working days. In the event that a significant delivery delay is known to the Seller, the Customer will be informed by email.
4.4 Checking of Products upon receipt – After-sales service
The Customer undertakes to check the Product(s) at the time of receipt and to mention any concerns upon delivery, particularly in the event of damaged packaging or non-conformity of the Order.
The Customer notifies the Seller of their concerns regarding the Product(s) delivered within a reasonable period of time following the date on which the Product(s) are received by contacting customer service at the following address: service@galibier.com
The Seller undertakes to reimburse the Customer, apply a discount or issue a credit note valid for one year if, after checking, a complaint made in the prescribed manner and within the prescribed deadline, proves to be well-founded (see sections on the right of withdrawal and guarantees).
The postal address for all Product returns is as follows: GALIBIER – 65 rue des Tuiliers 38430 Saint Jean de Moirans, France
4.5 Questions
For any information concerning the status of an Order or for any questions, Customers may contact Customer Services either by telephone on +33 4 85 40 00 38 (cost of a local call from a landline), this service is available from Monday to Friday from 9.30am to 4.30pm (closed Saturdays, Sundays and bank holidays), or by email : service@galibier.com
5. Guarantees applicable to the Products
5.1 French legal guarantees
All Customers benefit from the hidden defects guarantee pursuant to Articles 1641 to 1648 and 2232 of the French Civil Code.
The Seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the purpose for which it is intended, or which restrict this purpose to such an extent that the buyer would not have purchased it, or would only have paid a lower price, if they had known this.
The seller is not responsible for apparent defects that the buyer could have discovered on their own.
In the case of Articles 1641 and 1643, the buyer can choose between returning the item and being reimbursed for the price, or keeping the item and receiving a partial refund of the price.
If the Seller was unaware of the defects in the item, it shall only be bound to refund the price and to reimburse the buyer for the costs incurred by the sale.
Actions resulting from redhibitory defects must be brought by the buyer within a period of two years from the discovery of the defect.
The consumer Customer has a period of two years from the delivery of the product to invoke the legal guarantee of conformity in the event of non-conformity. During this period, the consumer is only required to establish the existence of the non-conformity and not the date it appeared.
If the sales contract for the product includes the supply of digital content or a digital service on a continuous basis for more than two years, the legal guarantee applies to this digital content or service for the entire intended duration of supply. During this period, the consumer is only required to establish the existence of the non-conformity affecting the digital content or service, and not the date it appeared.
The legal guarantee of conformity requires the seller to provide all necessary updates to maintain the product’s conformity. Under the legal guarantee of conformity, the consumer has the right to repair or replace the product within thirty days following their request, free of charge and without significant inconvenience to them.
If the product is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests a repair but the seller insists on a replacement, the legal guarantee of conformity is renewed for a period of two years from the date the product is replaced. The consumer can keep the product and obtain a reduction in the purchase price, or return the product and terminate the contract with a full refund, if:
1 The seller refuses to repair or replace the product;
2 Repairing or replacing the product takes more than thirty days;
3 Repairing or replacing the product causes major inconvenience for the consumer, particularly if the consumer definitively covers the return or pick-up costs for the non-compliant product, or installation costs for repairing or replacing the product);
4 The product remains non-compliant despite a failed attempt by the seller to resolve the non-conformity.
The consumer is also entitled to a reduction in price for the product or termination of the contract if the non-conformity is so severe that an immediate price reduction or contract termination is justified. In this case, the consumer is not required to request repair or replacement in advance.
The consumer is not entitled to terminate the sale if the non-conformity is minor.
Any period during which the product is immobilised whilst awaiting repair or replacement suspends the remaining period of the guarantee until the product is returned in good order.
The rights stated above arise from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
Any seller who obstructs the enforcement of the legal guarantee of conformity in bad faith risks a maximum civil fine of €300,000, or up to 10% of their average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, valid for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if they keep the product, or a full refund if they decide to return it.
The legal guarantees do not cover:
-the Product being unsuitable for the Customer’s needs
-poor or non-compliant use/installation based on the Product’s intended purpose
-modifications to the Product -poor maintenance or storage of the Product
-normal wear and tear of the Product
5.2 Extended warranty (commercial guarantee)
An extended commercial warranty for an additional period of twelve (12) months from the date of the legal guarantee expiry date applies under the following conditions:
This extended warranty covers Product manufacturing defects only.
The extended warranty is free of charge and applies:
-automatically to Customers who have purchased a Product from the website
-to customers who have purchased from another retailer, provided they request the extension and have an account on the www.galibier.com Website.
The extended warranty is requested by completing a form on the Website. The Customer must provide the necessary details, including proof of purchase and Product details.
A confirmation will be sent to the Customer once the Seller confirms the request.
This extended warranty clause does not alter the consumer’s rights under the legal guarantee. It is an additional benefit offered by the Seller for a limited period of time under the terms set out above.
6. Right of withdrawal
- Existence of the right of withdrawal
You have the right to withdraw from this contract without providing any reason within the legal period of 14 days, commercially extended to 31 days.
The withdrawal period expires 31 days after the delivery date of the order.
To exercise your right of withdrawal, you must notify us of your decision to withdraw from this contract by means of a clearly worded statement (e.g., a letter sent by post or email).
You may use the template withdrawal form, but this is not compulsory. In order to comply with the withdrawal deadline, simply send your communication regarding the exercise of your right of withdrawal before the withdrawal period has expired.
The right of withdrawal applies exclusively to unaltered products in new condition. Thus, any use of the product altering its new condition thereafter prevents the right of withdrawal from being exercised.
- Exercising the right of withdrawal
The Customer may use the withdrawal form below, but this is not compulsory. The Customer may also withdraw through their customer account under the ” My purchases and returns ” section, or by contacting us at: 65 rue des Tuiliers, 38430 Saint Jean de Moirans, France – by email: service@galibier.com – or via the form on the Website by clicking here
In order to comply with the withdrawal deadline, the Customer must simply notify us of their intention to withdraw before the deadline expires
Template withdrawal form available for the Customer to use (not compulsory)
For the attention of the Seller: I hereby inform you of my withdrawal request concerning Order no. ______ received on ___________
Product reference ________
Customer name _______________
Customer address ______________
Email _________________
Date ________________
Signature (only in the event that this form is sent as a hard copy) ______________
- Return process
The Customer must return the Product(s), without excessive delay, and in any event no later than 31 days following the electronic withdrawal notice sent to the Seller at the following address: GALIBIER – 65 rue des Tuiliers 38430 Saint-Jean-de-Moirans, France, in its original packaging, along with all the items with which it was delivered to the Customer, as well as the following documents. The Customer must indicate the following on the package: “ORDER RETURN”
Customer service will provide the Customer with a return label to attach to the package, which must be dropped off at a parcel pickup point.
- Effects of withdrawal
If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for any additional charges resulting from you selecting a delivery method other than the least expensive standard delivery offered by us), without excessive delay, and in any event no later than fourteen days from the day we are informed of your decision to withdraw from this contract. We will then process the refund using the same payment method you used for the initial transaction, unless you expressly agree to a different method; in any event, this refund will not incur any fees for you.
The Customer also has the option to request a credit note rather than a refund.
7. Financial conditions
7.1 Product prices
Current Product prices are those indicated on the Website at the time of the Order.
The price of the Products and the currency may vary depending on the delivery country selected by the Customer (Euros/American Dollars/Pounds Sterling//Japanese Yen).
Prices excluding taxes and including all taxes are given at the time of the Order.
Taxes (VAT) and delivery fees apply depending on the delivery zone requested. The Customer is informed of these taxes and fees at the time of the Order.
The Seller also reserves the right to offer preferential rates. The conditions and duration of these benefits will be indicated on the Website or communicated to the Customer.
7.2 Potential customs duty and taxes for the Products
When the Customer orders Products to be delivered to French Overseas Departments or outside the European Union, they are considered to be the importer of the Products. As such, the Customer must comply with all the laws and regulations of the country in which they receive the Products. The Customer may be subject to duties and import taxes, which are collected when the package arrives at its destination. The Seller pays any customs duty applicable to the Products.
7.3 Payment of the price
Product prices are payable in full at the time of the Order. Payments may be made by credit or debit card, PayPal, American Express, ApplePay, etc. Depending on the country concerned, other payment methods are made available on the Website.
7.4 Electronic invoices
The Customer is informed and agrees to receive the invoice corresponding to their Order by email.
8. Product repair services
The Seller offers a product repair service via the Website for Products purchased from the Website or through an approved retailer, whether or not the Products are under warranty.
The Customer must submit a repair request by using one of the specific forms available on the Seller’s website.
The Customer should choose the appropriate form depending on the Product’s cover:
- For Products covered by the legal guarantee or extended warranty (if purchased), the Customer must fill in the expertise request form. The repair is free of charge if the defect relates exclusively to one or more Product manufacturing defects recognised by the Seller. The form must include a description of the defect, clear photographs of the Product, and the Customer’s address.
- For out-of-warranty products, the Customer must fill in the repair request form. In this case, the Customer will be charged for the repair. Once the Customer has filled in the form, they will receive a quote for the repair which must be paid in order to confirm the request. This form also includes the description of the desired repair, photographs of the Product, and the Customer’s address and personal details required for processing the request.
On receipt of the request, the Seller’s customer service department will review it to ensure it is compliant.
-If the request is compliant, the Seller will prepare for repairing the Product by providing the Customer with a DHL shipping label to attach to the parcel, which must then be dropped off at a parcel pickup point. The Seller undertakes to process repairs as quickly as possible after receiving the Product and confirming the defect.
– If the request is not compliant, the repair will be rejected, and no shipping label will be sent. Where repairs are payable by the Customer, the amount paid by them when submitting the request will be refunded using the same payment method as the initial payment, unless the Customer expressly requests another payment method.
9. Intellectual property
The Seller holds the intellectual property rights to the Product(s) sold to the Customer, and to the Galibier brand in particular.
The Customer acknowledges that this document confers upon him/her no intellectual property rights to the Products.
The sale of the Products under the conditions provided for in this document may not be interpreted as the transfer of any intellectual property right, as defined in the French Intellectual Property Code. The Customer undertakes not to infringe upon the Seller’s intellectual property rights in any way whatsoever and not to carry out any actions liable to result in the counterfeiting of all or part of any component or part of the Products.
The Customer is informed of the fact that failure to comply with these provisions exposes him/her to legal action (unfair competition, counterfeiting, etc.).
Furthermore, the Customer shall refrain from reselling the Product(s) ordered and undertakes to use them for strictly personal use.
10. Force majeure
The Seller may not be held liable for any delay or failure in the performance of any one of its obligations under this Contract, or of an Order taken pursuant to this Contract, if the aforementioned delay or failure is due to the occurrence of an event of force majeure normally recognised by the case law of the French courts and tribunals.
Notwithstanding the events of force majeure normally recognised by the case law of the French courts and tribunals, by express agreement between the Parties the following are considered as events of force majeure: acts of terrorism, wars, total or partial strikes and lock-outs of third-party businesses impacting on the service, bad weather, epidemics, blockage of traffic routes, means of transport or supply for any reason whatsoever, pandemics, earthquakes, fires, storms, floods, water damage, government or legal restrictions, legal or regulatory changes to forms of marketing and the blockage of telecommunications (France Télécom networks or technical hubs).
A Customer wishing to invoke an event of force majeure must notify the Seller of this by registered letter with acknowledgement of receipt as soon as possible once they become aware of such an event. As soon as the effects resulting from the event of force majeure invoked have disappeared, the Seller shall inform the Customer without delay, by any means, and shall immediately resume performance of their obligation.
In the event that the effects resulting from the event constituting a case of force majeure persist for more than one (1) month, the Parties agree that this Contract may be terminated automatically at the initiative of the first Party to take action, by registered letter with acknowledgement of receipt.
11. Subcontracting/Assignment
The Customer gives the Seller general permission to subcontract all or part of the services to any service provider of its choice, for transporting Products in particular.
In any event, the Seller shall remain liable with regard to the Customer for the correct performance of the contract and of the services by the subcontractor to which it has recourse.
The Seller is also authorised to assign the Contract to any assignee of its choice. In the event that this Contract is assigned by the Seller, the Customer agrees that the Seller shall not be held jointly and severally liable for the correct performance of the Contract by the assignee.
Any assignment, subrogation, substitution or any other form of transfer of this Contract by the Customer is prohibited without the prior written agreement of the Seller.
12. Liability
Pursuant to current legal provisions, the Seller is liable with regard to the Customer, by operation of law, for the correct performance of the obligations arising from a Contract entered into remotely. However, it may claim exemption from all or part of its liability by providing proof that the non-performance or the incorrect performance of the Contract is attributable either to the Customer or to the unforeseeable and insurmountable fault of a third party to the Contract, or to an event of force majeure.
The Customer alone is liable for the choices they make. Thus, the Parties agree that the Seller may not be held liable due to the unsuitability of a Product for the needs of the Customer.
Furthermore, the Seller is only liable for the services for which it is expressly made responsible within the context of this Contract.
The Seller may not be held liable for the incorrect use, incorrect care and/or the intensive use that the Customer may make of the Products.
Furthermore, the Seller is not liable for any resulting damages related to the communication network or failures in the Customer’s internet access. Finally, the Seller may only be held liable for the direct damages attributable to it for the performance or non-performance, even partial, of its obligations under the Contract.
13. Agreement on proof
The Customer acknowledges the validity and evidential value of the electronic exchanges and recordings made on the Seller’s website and accepts that the said recordings receive the same evidential value as a written document signed by hand. All data and computerised or digital files recorded on the Website, and more generally on the Seller’s computer infrastructure, will be considered as proof of the facts to which they relate.
14. Personal data
Within the context of the Contract, the Seller may be required to process the Customer’s personal data. Rules concerning the protection of personal data are provided for in the privacy policy available on the Website.
15. Various provisions
Each of the clauses of this Contract must be interpreted, insofar as possible, in such a way that it is validated with regard to the law applicable to it. If one of the stipulations of this Contract proves to be illegal, null and void or unenforceable by any competent court or administrative authority under the terms of an enforceable judgement, this stipulation shall be deemed never to have existed, without changing the validity of the other stipulations, and shall be replaced by a valid stipulation of equivalent effect, which the Parties undertake to negotiate in good faith, and such as the Parties would have agreed upon had they known the illegality, nullity or unenforceability of the said stipulation.
The fact that a Party does not avail itself of any provision of this Contract shall in no event be construed as a waiver of its right to require that each of its clauses and conditions be adhered to.
16. Applicable law – Competent courts
The French version of these General Terms and Conditions is authentic and takes precedence over any other version written in a foreign language. The Contract is governed by French law.
Pursuant to Articles L. 611-1 et seq. of the French Consumer Code, the Consumer Client has the right to have recourse free of charge (with the exception of any legal and expert fees) to a consumer mediator with a view to the amicable resolution of a dispute between it and the Seller.
The Seller adheres to the e-commerce mediation department of the FEVAD (Fédération du e-commerce et de la vente à distance) [Federation of e-commerce and distance selling], whose contact details are as follows: 60 Rue La Boétie – 75008 Paris –http://www.mediateurfevad.fr.
Following a preliminary written request by the Consumer to the Seller’s customer service department that has not been successful, the mediation department may be contacted for any consumer disputes that have not been settled. The European Commission’s online amicable dispute resolution platform has been open to the public since 15 February 2016. Any consumer encountering a dispute with a company located within the territory of the Union is able to file a request for mediation through this European platform. The Customer may also refer to the European Commission website dedicated to consumer mediation: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR
In the event of a dispute with a Customer that has not been settled amicably, express jurisdiction is attributed to the court of the defendant’s place of residence, pursuant to Article 42 of the French Civil Procedure Code, or, at the latter’s choice, the place of actual delivery of the Product sold, or the place of the performance of the services, pursuant to Article 46 of the French Civil Procedure Code.
