Our General Terms and Conditions of Sale
- Purpose of the General Terms and Conditions
The purpose of these general terms and conditions (hereinafter the “General Terms and Conditions of Sale” or “GTC”) is to set forth the terms and conditions under which GALIBIER, a simplified joint-stock company (SAS) with a share capital of €10,000, having its registered office 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 retailer of footwear, sells to a consumer customer (hereinafter the “Customer”) one or more product(s), as described in the Order (hereinafter the “Product(s)”).
For orders delivered in France or Belgium, the following provisions of these Terms and Conditions apply.
For orders delivered to another country, the Customer is redirected to the payment interface of our partner Global-e, which acts as the official seller (“Merchant of Record”). The sales contract is then concluded between the Customer and Global-e, and Global-e’s Terms and Conditions of Sale apply:
https://www.global-e.com/tos-fr
- Documents Comprising the Contract
The Contract governing the contractual relationship between the Parties (hereinafter the “Contract”) consists of the following contractual documents:
The Order placed on the Seller’s website (hereinafter the “Website”)
These General Terms and Conditions of Sale (GTC)
- 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 distance contracts, as defined in Article L. 221-1 of the French Consumer Code.
The Customer acknowledges having read, prior to committing to the purchase, the content of this Contract, which includes the mandatory pre-contractual information required by Article L. 221-5 of the French Consumer Code.
The Customer agrees to receive a copy of this Contract electronically.
The steps of the ordering process are as follows:
1. From the product page, select the desired shoe size and quantities
2. Click the “Add to Cart” button, then “View Cart” or “Continue Shopping”
3° From the cart page, the Customer can adjust the quantity and view the total price along with its breakdown (amount excluding tax, tax, shipping costs, total amount including tax), and is then prompted to click “Checkout”
4°The Customer is then prompted to log in or create an account and enter their shipping address. The information provided for the shipping address determines the price, currency, and shipping cost. The Customer then selects the delivery method (home delivery or pickup location) and enters payment information (credit card, PayPal, American Express, Apple Pay, etc.).
5. The Customer is also asked to review and accept these General Terms and Conditions of Sale and the Privacy Policy before completing the payment by clicking the “Proceed to Payment” button.
Up until the payment step, the Customer may modify the Order—including correcting any errors made when entering their information—by returning to the previous screens.
Final acceptance of the Order therefore occurs upon payment.
A confirmation of the placed Order is displayed on the Website after payment is confirmed. The Order confirmation includes a summary of the Order’s contents, the Order number, the Order date, the Order amount, and the Customer’s shipping address.
The Order confirmation is also sent to the Customer via email to the address provided.
The Seller reserves the right to block an Order, particularly in the event of suspected or confirmed fraud (compromised login credentials, etc.).
- Terms Applicable to Products
4.1 Product Availability
When placing an Order, the Customer can see whether the desired Product is in stock or not.
A Product that is not in stock cannot be ordered.
The Seller agrees to make every effort to provide the Customer with information regarding the availability of the various Products. In the event of permanent unavailability discovered after the Order is placed, the Customer will be notified as soon as possible via email and will be fully reimbursed for any costs incurred in connection with the Order.
4.2 Delivery Address – Shipping Costs – Customs Fees
Products are delivered to the shipping address provided by the Customer or to a pickup location. The shipping address may differ from the billing address. The available delivery areas and pickup locations are those indicated on the Website as of the date of the Order. Deliveries are made via DHL.
Customs fees are covered by the Seller.
4.3 Delivery Times
Products sold to the Customer are delivered within the timeframes indicated at the time of the Order.
The Seller undertakes to comply with the agreed delivery times, provided that the maximum delivery time for the Products from the date the Order is shipped is 10 business days. In the event of a significant delivery delay known to the Seller, the Customer will be notified by email.
4.4 Inspection of Products upon Receipt – After-Sales Service
The Customer agrees to inspect the Product(s) upon receipt and to note any reservations at the time of delivery, particularly in the event of damage to the package or non-conformity with the Order. The Customer must notify the Seller of any reservations regarding the delivered Product(s) within a reasonable time following the date of receipt of the Products by contacting customer service at the following address: service@galibier.com
The Seller agrees to refund the Customer, apply a discount, or issue a credit note valid for one year if, upon verification, the claim made in accordance with the prescribed procedures and time limits is found to be valid (see sections on the right of withdrawal and warranties).
The mailing address for all Product returns is as follows: GALIBIER – 65 rue des Tuiliers 38430 Saint Jean de Moirans
4.5 Questions
For any information regarding the status of an Order or for any questions, Customer Service is available to the Customer by phone at +33 4 85 40 00 38 (local call rate from a landline); this service is available Monday through Friday from 9:30 a.m. to 4:30 p.m. (closed on Saturdays, Sundays, and holidays), or by email at service@galibier.com
- Warranties Applicable to Products
5.1 French Statutory Warranties
All Customers are covered by the warranty against hidden defects in accordance with Articles 1641 through 1648 and 2232 of the Civil Code.
The Seller is liable under the warranty for hidden defects in the item sold that render it unfit for its intended use, or that so significantly impair such use that the buyer would not have purchased it, or would have paid only a lower price for it, had the buyer been aware of such defects.
The seller is not liable for apparent defects or defects of which the buyer was able to ascertain the existence for themselves.
In the cases provided for in Articles 1641 and 1643, the buyer may choose either to return the item and receive a refund of the purchase price, or to keep the item and receive a partial refund of the purchase price.
If the seller was unaware of the defects in the item, the seller shall be liable only for refunding the purchase price and reimbursing the buyer for any expenses incurred in connection with the sale.
A claim arising from latent defects must be brought by the buyer within two years of discovering the defect.
The consumer has two years from the delivery of the goods to invoke the statutory warranty of conformity in the event that a lack of conformity arises. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it first appeared.
When the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory warranty applies to such digital content or digital service throughout the entire period of supply provided for in the contract. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, not the date on which it first appeared.
The statutory warranty of conformity imposes an obligation on the seller, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The statutory warranty of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, at no cost and without significant inconvenience to them.
If the good is repaired under the statutory warranty of conformity, the consumer is entitled to a six-month extension of the original warranty.
If the consumer requests repair of the good but the seller insists on replacement, the statutory warranty of conformity is renewed for a period of two years from the date of replacement.
The consumer may obtain a reduction in the purchase price while retaining the goods or terminate the contract by receiving a full refund upon return of the goods, if:
1° The seller refuses to repair or replace the goods;
2° The repair or replacement of the goods occurs after a period of thirty days;
3° The repair or replacement of the goods causes significant inconvenience to the consumer, particularly when the consumer is permanently responsible for the costs of returning or picking up the nonconforming goods, or if the consumer bears the costs of installing the repaired or replacement goods;
4° The nonconformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a price reduction or to rescission of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or rescission of the contract. In such cases, the consumer is not required to first request repair or replacement of the goods.
The consumer is not entitled to rescind the sale if the lack of conformity is minor.
Any period during which the goods are out of service for repair or replacement suspends the warranty period remaining until the goods are returned in working order.
The rights mentioned above arise from the application of Articles L. 217-1 through L. 217-32 of the Consumer Code.
A seller who, in bad faith, obstructs the enforcement of the statutory warranty of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10% of the average annual revenue (Article L. 241-5 of the Consumer Code).
The consumer is also entitled to the statutory warranty against hidden defects pursuant to Articles 1641 through 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the product is retained, or to a full refund upon return of the product.
Legal warranties do not cover:
– the Product’s unsuitability for the Customer’s needs
– misuse or improper installation, or use or installation not in accordance with the intended purpose;
– modification of the Product;
– improper maintenance or storage of the Product;
– normal wear and tear of the Product;
5.2 Extended Warranty (Commercial Warranty)
Acommercialextended warranty covering an additional twelve (12) months from the expiration of the statutory warranty applies under the following conditions:
This extended warranty covers only manufacturing defects in the Product.
The extended warranty is free of charge and applies:
– automatically to Customers who have purchased a Product on the Website
-to Customers who made their purchase at another retail location, provided they submit a request and have an account on the Website: www.galibier.com
The warranty extension request is made via a form available on the Website. The Customer must provide the necessary information, including proof of purchase and the Product’s reference number.
A registration confirmation will be sent to the Customer once the request has been approved by the Seller.
This warranty extension clause does not alter the rights granted by the statutory warranty. The extension is an additional benefit offered by the Seller for a limited period under the conditions set forth above.
- Right of Withdrawal
Existence of the Right of Withdrawal
You have the right to withdraw from this contract without giving any reason within the statutory period of 14 days, which has been extended commercially to 31 days.
The withdrawal period expires 31 days after the day the order is delivered.
To exercise your right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (for example, a letter sent by mail or an email). You may use the model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notice regarding the exercise of the right of withdrawal before the withdrawal period expires.
The right of withdrawal applies exclusively to products that are unaltered and in new condition. Therefore, any use of the product that alters its new condition will subsequently preclude the exercise of the right of withdrawal.
Exercising the Right of Withdrawal
The Customer may use the withdrawal form below, but this is not required. The Customer may also exercise the right of withdrawal through their customer account under the “My Purchases and Returns” section, or by contacting us at the following address: 65 rue des Tuiliers 38430 Saint Jean de Moirans – by email: service@galibier.com – or via the form on the Website by clicking here
To ensure compliance with the withdrawal period, the Customer need only notify the Seller in writing of their intention to withdraw before the period expires
Sample withdrawal form that the Customer may use (not mandatory)
To the Seller, Galibier, 65 rue des Tuiliers 38430 Saint Jean de Moirans – by email: service@galibier.com:
I hereby notify you of my request to withdraw from Order No. ______, received on ___________
Product reference to be returned: ________
Customer Name _______________
Customer Address ______________
Email _________________
Date ________________
Signature (only if this form is submitted in paper form) ______________
Return Policy
The Customer must return the Product(s) without undue delay and, in any event, no later than 31 days after sending the electronic notice of withdrawal to the Seller at the following address: GALIBIER – 65 rue des Tuiliers 38430 Saint Jean de Moirans, in their original packaging, accompanied by all items included when they were delivered to the Customer, as well as the following documents. The Customer must mark the package with the following text: “ORDER RETURN”
Customer service will provide a return label to be affixed to the package, which the Customer must drop off at a pickup location.
Effects of Withdrawal
If you withdraw from this contract, we will refund all payments received from you, including delivery charges (except for any additional costs resulting from your choice, if applicable, a delivery method other than the least expensive standard delivery method offered by us) without undue 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 issue the refund using the same payment method you used for the initial transaction, unless you expressly agree to a different method; in any case, this refund will not incur any charges for you.
The Customer also has the option to receive a store credit instead of a refund.
- Financial Terms
7.1 Product Prices
The current prices of the Products are those listed 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 (euro / U.S. dollar / British pound / Japanese yen).
Prices excluding tax and including tax are shown at the time of the Order.
Taxes (VAT) and shipping fees apply depending on the desired delivery area. These taxes and fees are shown to the Customer at the time of the Order.
The Seller also reserves the right to offer preferential rates. The terms and duration of these benefits will be posted on the Website or communicated to the Customer.
7.2 Potential Customs Duties and Taxes on Products
When the Customer orders Products for delivery to overseas territories or outside the European Union, the Customer is considered the importer of the Products. As such, the Customer must comply with all laws and regulations of the country in which the Products are received. The Customer may be subject to import duties and taxes, which are collected when the package arrives at its destination. The Seller is responsible for any applicable customs duties on the Products.
7.3 Payment of the Price
The price of the Products is due in full at the time of the Order. Payments may be made by credit card, PayPal, American Express, Apple Pay, etc. Depending on the country in question, other payment methods are available on the Website.
7.4 Electronic Invoices
The Customer is informed and agrees to receive the invoice for their Order via email.
- Product Repair Services
The Seller offers a repair service on the Site for Products sold on the Site or by an authorized reseller, whether such Products are under warranty or out of warranty.
The Customer must submit a repair request using one of the specific forms available on the Seller’s website.
The Customer selects the appropriate form based on the Product’s coverage:
For Products covered by the statutory warranty or an extended warranty (if purchased), the Customer must complete the inspection request form. The repair is provided free of charge if the reported defect relates exclusively to one or more manufacturing defects in the Product acknowledged by the Seller. The form must include a description of the observed defect, clear photographs of the Product, and the Customer’s address.
For Products no longer under warranty, the Customer must complete the repair request form. In this case, the repair is subject to a fee. Once the form is completed, the Customer will be informed of the repair cost, which they must pay to finalize their request. This form also includes a description of the desired repair, photographs of the Product, as well as the Customer’s address and personal information necessary to process the request.
Upon receipt of the request, the Seller’s customer service department reviews the request to verify its compliance.
-If the request is valid, the Seller, in order to repair the Product, will provide the Customer with a DHL shipping label to affix to the package, which the Customer must drop off at a pickup location. The Seller agrees to process repairs as soon as possible after receiving the Product and confirming the reported defect.
-If the request does not meet the requirements, the repair request is rejected, and no shipping label will be sent. In the case of a repair subject to a fee, the amount paid by the Customer at the time of the request will be refunded using the same payment method as the original payment, unless the Customer expressly requests another payment method.
- Intellectual Property
The Seller retains the intellectual property rights to the Product(s) sold to the Customer, including the Galibier trademark.
The Customer acknowledges that these terms and conditions do not confer any intellectual property rights in the Products upon the Customer. The sale of the Products under the terms set forth herein shall not be construed as a transfer of any intellectual property rights, as defined by the French Intellectual Property Code.
The Customer agrees not to infringe upon the Seller’s intellectual property rights in any way and not to engage in any acts that could result in the infringement of all or part of any element or component of the Products.
The Customer is hereby advised that failure to comply with these provisions may subject them to legal action (unfair competition, infringement, etc.).
The Customer further agrees not to resell the ordered Product(s) and undertakes to use them strictly for personal purposes.
- Force Majeure
The Seller shall not be held liable for any delay or failure to perform any of its obligations under this Contract or any Order placed pursuant to this Contract, if such delay or failure is due to the occurrence of a force majeure event as generally recognized by the case law of French courts and tribunals.
Notwithstanding the cases of force majeure generally recognized by the case law of French courts and tribunals, the Parties hereby expressly agree that the following shall be considered cases of force majeure: acts of terrorism, wars, total or partial strikes and lockouts by third-party companies affecting the provision of services, severe weather, epidemics, blockages of traffic routes, transportation, or supply chains for any reason whatsoever, pandemics, earthquakes, fires, storms, floods, water damage, government or legal restrictions, legal or regulatory changes to marketing practices, and disruptions to telecommunications (France Télécom networks or technical centers).
A Customer wishing to invoke a force majeure event must notify the Seller by certified letter with acknowledgment of receipt as soon as possible upon becoming aware of such an event. Once the effects resulting from the invoked force majeure event have ceased, the Seller shall promptly notify the Customer by any means and shall immediately resume performance of its obligation.
If the effects resulting from the event constituting a force majeure event persist for more than one (1) month, the Parties agree that this Contract may be terminated as of right at the initiative of the most diligent Party by registered letter with acknowledgment of receipt.
- Subcontracting / Assignment
The Customer grants the Seller general authorization to subcontract all or part of the services to any service provider of its choice, in particular for the transportation of the Products.
In any event, the Seller shall remain liable to the Customer for the proper performance of the contract and the services provided by the subcontractor it engages.
The Seller is also authorized to assign this Contract to any assignee of its choice. In the event of the Seller’s assignment of this Contract, the Customer agrees that the Seller shall not be jointly and severally liable for the assignee’s proper performance of the Contract.
Any assignment, subrogation, substitution, or other form of transfer of this Contract by the Customer is prohibited without the Seller’s prior written consent.
- Liability
In accordance with applicable legal provisions, the Seller is automatically liable to the Customer for the proper performance of the obligations arising from the distance contract. However, the Seller may be exempted from all or part of its liability by proving that the non-performance or improper performance of the Contract is attributable either to the Customer, or to an unforeseeable and insurmountable act by a third party to the Contract, or to a force majeure event.
The Customer is solely responsible for the choices they make. Accordingly, the Parties agree that the Service Provider shall not be held liable for a Product’s unsuitability for the Customer’s needs.
Furthermore, the Seller is liable only for the services expressly assigned to it under this Contract.
The Seller shall not be liable for any misuse, improper maintenance, and/or intensive use of the Products by the Customer.
Nor is the Seller liable for any harmful consequences related to the Customer’s communication network or failures in Internet access.
Finally, the Seller’s liability may only be invoked for direct damages attributable to the Seller arising from the performance or non-performance—even partial—of its obligations under the Contract.
- Agreement on Evidence
The Customer acknowledges the validity and probative value of electronic communications and records made on the Seller’s Website and agrees that such records shall have the same probative value as a handwritten, signed document. All computer or digital data and files stored on the Website, and more broadly on the Seller’s IT infrastructure, shall serve as evidence of the facts to which they relate.
- Personal Data
In connection with the Contract, the Seller may be required to process the Customer’s personal data. The rules governing the protection of personal data are set forth in the privacy policy available on the Website.
- Miscellaneous Provisions
Each provision of this Agreement shall be interpreted, to the fullest extent possible, in such a way as to ensure its validity under the applicable law. If any provision of this Agreement is found to be illegal, void, or unenforceable by any competent court or administrative authority pursuant to a final and binding decision, that provision shall be deemed unenforceable, without affecting the validity of the other provisions, and shall be replaced by a valid provision with equivalent effect, which the Parties agree to negotiate in good faith, and as the Parties would have agreed had they known of the illegality, the invalidity or unenforceability of said provision.
A Party’s failure to enforce any provision of this Agreement shall in no way constitute a waiver of its right to require compliance with each of its terms and conditions.
- Telemarketing
In accordance with Article L. 223-2 of the French Consumer Code, the Seller informs the consumer, when collecting their telephone number in connection with the conclusion of this contract, of their right to register free of charge on the BLOCTEL do-not-call list, accessible at the following address: www.bloctel.gouv.fr. This registration allows the consumer to opt out of receiving telemarketing calls from any business with which they do not currently have a contractual relationship.
- Applicable Law – Competent Courts
The French version of these General Terms and Conditions of Sale shall prevail over any other version written in a foreign language. The Contract is governed by French law.
In accordance with Articles L 611-1 et seq. of the French Consumer Code, the Customer, as a consumer, has the right to seek the assistance of a consumer mediator free of charge (except for any attorney’s fees and expert witness fees) to resolve a dispute with the Seller amicably.
The Seller participates in the e-commerce mediation service of the FEVAD (Federation of E-commerce and Distance Selling), whose contact information is as follows: 60 Rue La Boétie – 75008 Paris –http://www.mediateurfevad.fr.
If the Consumer’s initial written complaint to the Seller’s Customer Service department remains unresolved, the mediation service may be contacted regarding any consumer dispute that has not been successfully settled.
In the event of a dispute with a Customer that cannot be resolved amicably, jurisdiction is expressly assigned to the court of the defendant’s place of residence, in accordance with Article 42 of the Code of Civil Procedure, or, at the defendant’s option, the place of actual delivery of the Product sold, or the place of performance of the services, in accordance with Article 46 of the Code of Civil Procedure.
