Terms and Conditions of Sale and Use

Terms and conditions of use - Gamel Helmets

Article 1 - Scope of application

These general terms and conditions of sale (the "Terms and Conditions") apply, without restriction or reservation, to all sales concluded by SAS Gamel Helmets, a simplified joint stock company with capital of €1,000.00, whose registered office is located at 28 RUE JULES VALLES, 94600 CHOISY-LE-ROI, and registered under number 977 716 737 RCS Creteil ("Gamel Helmets") to consumers and non-professional purchasers (the "Customer(s)"), wishing to acquire the Product, as hereinafter defined, on the website https://gamel-helmets.com/ or any other website operated by Gamel Helmets and selling the Product (together, the "Website").

Gamel Helmets and the Customer are hereinafter referred to as the "Party(ies)".

In particular, they specify the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.

The main characteristics of the Product, in particular helmets, including specifications, illustrations and indications of dimensions or capacity, are presented on the Website. Gamel Helmets makes every effort to provide good quality visuals giving a faithful representation of the Products offered. However, the limitations of digital presentation may result in differences in perception between the photographs on the Website and the Products.

The Customer must read the technical and commercial documentation relating to the Product before placing any order. In particular, they must check that they meet all the technical requirements for optimal use of the Products.

The General Terms and Conditions of Sale are accessible at all times on the Website and shall prevail, where applicable, over any previous version of the General Terms and Conditions of Sale or any other contradictory document.

The Customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them, without restriction or reservation, by ticking the box provided for this purpose before starting the online ordering procedure, as well as the general terms and conditions of use of the Website.

As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the Internet Site at the time the order is placed.

In the absence of proof to the contrary, the data recorded in Gamel Helmets' computer system constitutes proof of all transactions concluded with the customer.

The Customer acknowledges having the capacity required to contract and purchase the Product.

Modifications to the General Terms and Conditions of Sale are enforceable against users of the Website from the date they are posted online and cannot be applied to transactions concluded previously.

 

 

Article 2 - Orders

2.1. Placing orders

It is the customer's responsibility to select the products they wish to order on the Gamel Helmets website, according to the following procedures:

Browse the site and add the desired products to the shopping cart.

Check order summary and, if necessary, correct errors.

Confirmation of order, acceptance of terms and conditions, and payment.

The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.

Product offers are valid as long as they are visible on the site, while stocks last. If a product is unavailable after you have placed your order, we will inform you by e-mail. Your order will be automatically cancelled and no bank debit will be made.

The sale will only be considered final after Gamel Helmets has sent the customer confirmation of acceptance of the order by e-mail and after the customer has received payment in full.

In accordance with article 1127-2 of the French Civil Code, the Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance. Confirmation implies acceptance of these General Terms and Conditions of Sale in their entirety, and constitutes proof of the sales contract.

Gamel Helmets reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order, or for any other legitimate reason.

Customers can track the progress of their orders by receiving order notification emails or by contacting the brand directly by email.

2.2 Orders shipped outside France

The products offered on the Gamel Helmets website are available for delivery in the countries of the European Economic Area.

In the case of orders to countries other than metropolitan France, the Customer is the importer of the product(s) concerned. For all products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice.

Customs duties, other local taxes, import duties or state taxes may be payable. Gamel Helmets is not responsible for these charges. They shall be borne by the customer, who shall be responsible for declarations and payments to the competent authorities and organizations in his country.

We advise you to check with your local authorities.

 

 

Article 3 - Rates

Products are supplied at the current prices shown on the Gamel Helmets website at the time the order is registered by the customer. Prices are expressed in Euros, including VAT applicable on the date of the order. Any change in the VAT rate may be reflected in product prices.

Gamel Helmets reserves the right to modify its prices at any time, while guaranteeing the customer the application of the price in effect at the time of the order.

Prices take into account any discounts offered by Gamel Helmets on the Gamel Helmets website.

These prices are firm and non-revisable during their period of validity, as indicated on the Gamel Helmets website. Gamel Helmets reserves the right, outside this period of validity, to modify prices at any time.

Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the website and calculated before the order is placed.

An invoice will be issued by Gamel Helmets and given to the customer on request once the delivery has been made (as soon as Gamel Helmets has handed over the ordered products to the carrier).

For all orders shipped outside the European Union, prices are automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. Gamel Helmets is not responsible for these duties and taxes. They are the responsibility of the customer (declarations, payment to the relevant authorities, etc.).

Gamel Helmets therefore invites the customer to obtain information on these aspects from the relevant local authorities.

The payment requested from the customer corresponds to the total amount of the purchase, including these costs. The customer is responsible for verifying the completeness and accuracy of the information provided to Gamel Helmets at the time of the order, in particular concerning the delivery address.

Gamel Helmets cannot be held responsible for any data entry errors made by the customer, nor for the consequences of such errors in terms of late or incorrect delivery. In this context, all costs incurred for the reshipment of the order will be entirely at the customer's expense.

 

 

Article 4 - Payment terms

Payment for purchases made from Gamel Helmets is :

By credit card: Visa, MasterCard, and other cards (E-Carte Bleue).

Or by any other means of payment proposed on the site at the time of the order.

The customer's credit card is debited immediately after the order is validated.

In accordance with current legislation and to ensure the security and confidentiality of its customers' information, Gamel Helmets does not store bank details. It is therefore the customer's responsibility to save and print their payment certificate if they wish to retain the bank details relating to their transaction.

In order to combat Internet fraud, Gamel Helmets may verify the information entered by the customer when placing an order. As part of this procedure, Gamel Helmets or its appointed service provider may ask the customer for any documents required to release the order, such as proof of address and debit in the customer's name. These requests will be made by e-mail, then by post with acknowledgement of receipt if the customer does not reply to the e-mail requests.

Gamel Helmets reserves the right to refuse the order if the customer fails to send the requested documents by the deadline, or if the documents received are deemed to be non-compliant.

Similarly, Gamel Helmets reserves the right to refuse an order if there is a prior or current dispute with the customer, or for any other reason Gamel Helmets deems relevant.

Any order validated by the customer implies agreement on the price and description of the products available for sale. Gamel Helmets undertakes to honor orders received on the website only within the limits of available product stocks. If a product is not available, Gamel Helmets will inform the customer. However, in accordance with the provisions of article L. 121-20-3 of the French Consumer Code, in the event of unavailability of the product ordered, the customer may either be supplied with a product of equivalent quality and price, or be reimbursed.

Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge of them and waiver of the right to invoke one's own terms and conditions of purchase or any other terms and conditions.

 

 

Article 5 - Deliveries

The products ordered by the Customer will be delivered to Metropolitan France and to all countries for which Gamel Helmets offers a direct delivery service on the website. Products are shipped with a delivery note, to the delivery address indicated by the Customer during the order process.

The delivery times indicated on the Gamel Helmets website are indicative and correspond to average processing and delivery times. Gamel Helmets makes every effort to meet these deadlines, but cannot be held responsible for the consequences of late delivery or loss of the package caused by a third party to the transport contract or by you, or due to an unforeseeable and insurmountable cause constituting force majeure.

In the event of a delay in delivery in relation to the time indicated at the time of the order, the customer may contact Gamel Helmets, which will determine the cause of the delay and inform you of it. If necessary, Gamel Helmets may cancel the sale and refund the customer.

Delivery is deemed to have been made when Gamel Helmets hands over the products ordered to the carrier. The customer must check the condition of the products delivered. He/she has 48 hours from the date of delivery to make any complaints by e-mail or telephone, accompanied by all supporting documents (photos, etc.). After this period and if these formalities have not been complied with, the products will be deemed to be in conformity and free from any defect, and no claim will be validly accepted by Gamel Helmets.

In the event of damage in transit, a reasoned protest must be made to the carrier within three days of delivery, in addition to informing Gamel Helmets within the same period.

Delivery charges are payable by the customer and are invoiced in addition to the price of the products according to the amount of the order. When the order is placed, Gamel Helmets will inform the customer of the exact amount of delivery charges.

In the case of deliveries outside the European Union, the customer agrees to pay all import taxes, customs duties, value added tax and any other taxes due under the laws of the country in which the order is received. Gamel Helmets shall not be legally responsible for any failure by the Customer to pay such taxes.

Ownership of Gamel Helmets' products shall pass to the customer upon full payment of the price, including delivery charges, which constitutes acceptance of the order by Gamel Helmets. The transfer of the risks of loss and deterioration of Gamel Helmets products shall take place upon delivery and receipt of the products by the Customer.

 

 

Article 6 - Transfer of ownership - Transfer of risk

The transfer of ownership of products from Gamel Helmets to the customer will only take place after full payment of the price by the latter, independently of the transfer of risks.

The transfer of the risks of loss and deterioration relating to Gamel Helmets products will take place upon delivery and receipt of said products by the customer. Thus, products travel at the customer's risk from the moment they are handed over to the carrier.

In the case of a sale to a Customer outside France, delivery terms will be based on the Incoterms defined by the International Chamber of Commerce. The Customer will therefore assume the transport risks of the products as soon as they are taken over by the carrier at the place of dispatch, in accordance with the Incoterm applicable to the sale.

It is the Customer's responsibility to insure the products during transport as soon as they have been picked up by the carrier. Gamel Helmets shall not be held liable for any damage incurred during transport or for any financial loss suffered by the Customer or a third party as a result of such damage.

It is imperative that the customer checks the accuracy of the delivery address before confirming the order. In the event of an error in the recipient's details, Gamel Helmets cannot be held responsible for the impossibility of delivering the product.

In the event of delay, breakage or shortage upon delivery, it is the Customer's responsibility to make the usual reservations with the carrier upon receipt of the products. These reservations must also be sent to Gamel Helmets, in writing, within 48 hours of receipt of the products.

Items in bold indicate points that require specific validation by Gamel Helmets to ensure consistency with the company's policies on risk transfer and product ownership.

 

 

Article 7 - Right of withdrawal

In accordance with current legislation, customers have the right to cancel their order within fourteen (14) calendar days of receiving the products from Gamel Helmets, without having to justify their decision or pay any penalties.

In order to exercise their right of withdrawal, customers must notify Gamel Helmets of their decision to withdraw from the order in question by means of an unambiguous statement. A model withdrawal form is available on the Gamel Helmets website and may be used by the customer, but is not obligatory.

Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice. The customer is responsible for return shipping costs. Products must be returned within a reasonable time and, at the latest, within fourteen (14) days of the Customer's decision to withdraw from the contract.

Gamel Helmets will reimburse the customer for the full cost of the products, excluding delivery charges, without undue delay and in any event no later than fourteen (14) days from the date on which Gamel Helmets receives the product(s) in its logistics warehouse.

The refund will be made using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees otherwise. In any event, this refund will not incur any additional costs for the Customer.

It is important to note that the right of withdrawal cannot be exercised for products made to the customer's specifications or clearly personalized.

Items in bold indicate information requiring special attention or a decision on the part of Gamel Helmets to ensure that it complies with company policy and applicable legal provisions.

 

 

Article 8 - Liability - Warranty

The products sold on the Gamel Helmets website comply with the regulations in force in France and benefit, without prejudice to the right of withdrawal, from all of the following legal guarantees provided by the Civil Code and the Consumer Code:

Legal warranty of conformity: Gamel Helmets undertakes to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery of the product. This warranty entitles the customer to request repair or replacement of the product within two years of delivery, unless this would entail a manifestly disproportionate cost for Gamel Helmets.

Warranty for hidden defects: Gamel Helmets is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the customer would not have purchased it, or would have paid a lower price for it, had he or she been aware of them. The customer must take action within two years of discovery of the defect.

To make use of these guarantees, the Customer must inform Gamel Helmets of the non-conformity of the products or the existence of hidden defects as soon as they are discovered, and return the defective products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).

Gamel Helmets will then, at the Customer's option, either repair or replace the non-conforming or defective product, unless the cost of doing so would be manifestly disproportionate to the alternative, given the value of the product or the extent of the defect. If repair and replacement of the product are impossible, the Customer may be reimbursed for the price of the product and the costs associated with the order.

Gamel Helmets may not be held liable in the following cases: failure to comply with the legislation of the country where the products are delivered, misuse, negligence or lack of maintenance on the part of the customer, normal wear and tear, accident or force majeure.

Gamel Helmets' warranty is, in any event, limited to the replacement or reimbursement of non-conforming or defective products.

 

 

 

Article 9 - Protection of personal data

In the context of product sales, Gamel Helmets collects personal data concerning its customers. The collection of personal data is necessary for the management of orders and commercial relations. This information and data is also kept for security purposes, to comply with legal and regulatory obligations, and to enable Gamel Helmets to improve and personalize the services offered and information sent.

Gamel Helmets is committed to protecting the personal data of its Customers. All personal data concerning the Customer collected by Gamel Helmets is treated with the strictest confidentiality, in accordance with the provisions of the applicable regulations on the protection of personal data, including the General Data Protection Regulation (RGPD).

In accordance with current national and European legislation, the customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her. These rights may be exercised, subject to production of valid proof of identity, directly on the Gamel Helmets website or by mail addressed to Gamel Helmets, at the address indicated in the website's legal notice.

Gamel Helmets may share the personal data it collects with third parties, solely for the purpose of fulfilling orders, for delivery, payment and other transaction-related services. Gamel Helmets ensures that its partners also comply with personal data protection regulations.

For more information on Gamel Helmets' management of personal data, the customer is invited to consult the Privacy Policy available on the Gamel Helmets website.

 

 

 

Article 10 - Intellectual property

All elements published on the Gamel Helmets website, including but not limited to texts, photographs, computer graphics, logos, trademarks and videos, constitute works protected by copyright, trademark law or any other intellectual property right. These elements are the exclusive property of Gamel Helmets or its partners who have granted Gamel Helmets a license.

Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is forbidden, except with the prior written authorization of Gamel Helmets.

Any unauthorized use of the site or of any of the elements it contains will be considered as counterfeiting and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.

Gamel Helmets grants the customer a limited license to access and use this website for personal use only. Under no circumstances may the customer download or modify all or part of this site without the express written permission of Gamel Helmets.

This license does not permit the use, for sale or for any other commercial purpose, of this site or its contents (listed products, descriptions, prices, downloading or copying of information on behalf of another company, use of data, software, sound extracts, graphics, images or photographs, reproduction, and any other element of intellectual property).

The customer undertakes to respect the intellectual property rights of Gamel Helmets and its partners and not to infringe these rights in any way whatsoever. Compliance with this obligation is essential for Gamel Helmets.

 

 

Article 11 - Force majeure

Gamel Helmets shall not be held liable in the event of non-performance or delay in performance of any of its obligations described in these terms and conditions of sale caused by an event beyond its reasonable control, considered to be a case of force majeure.

In addition to those normally recognized by the jurisprudence of French courts and tribunals, and without this list being restrictive, the following are considered to be cases of force majeure or fortuitous events: total or partial strikes, lock-outs, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship.

In such circumstances, Gamel Helmets shall inform the customer of the force majeure situation within 14 days of its occurrence. Performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed 90 days. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the parties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the suspended party will notify the other party of the resumption of its obligation by registered letter or any extrajudicial act.

If the impediment is permanent or exceeds 90 days, the contract may be terminated by operation of law without compensation for either party.

Article 12 - Termination of the contract

Except in cases of force majeure, if one of the parties fails to meet its obligations as stipulated in these general terms and conditions of sale, the contract may be terminated at the request of the injured party. Termination will take effect 30 days after formal notice has been sent by registered letter with acknowledgement of receipt, stating the intention to apply this clause.

In addition to the return of products and the reimbursement of sums paid, the cancellation of the contract to the detriment of the defaulting party may lead to the payment of damages to the injured party in compensation for the loss suffered.

The parties agree that any damages due will include only direct damages, to the exclusion of any indirect loss. In accordance with articles 1231-3 and 1231-4 of the French Civil Code, the amount of such damages shall be limited to those foreseeable at the time of the conclusion of the contract or the commission of the breach.

 

 

Article 13 - Applicable law - Language

These General Terms and Conditions of Sale and the purchase and sale transactions arising therefrom are governed by and subject to French law, without regard to principles of conflict of laws. They are written in French. In the event of translation into one or more other languages, the French text alone shall prevail in the event of dispute.

Gamel Helmets and the Customer agree that the General Terms and Conditions of Sale are governed by French law. In the event of a dispute, and after an attempt to find an amicable solution, the French courts shall have sole jurisdiction to hear the dispute.

Non-professional customers are reminded that any dispute relating to the interpretation, performance or breach of the sales contract concluded with Gamel Helmets may, if the request made to Gamel Helmets' customer service is unsuccessful or in the absence of a response from this service within a reasonable period of (bold the specific period), be submitted to the consumer mediator whose contact details will follow, in accordance with the provisions of the Consumer Code.

 

 

Article 14 - Disputes

Any dispute relating to the formation, interpretation, performance or breach of contract between Gamel Helmets and the Customer, even in the event of multiple defendants, shall, in the absence of amicable agreement, be subject to the exclusive jurisdiction of the French courts.

The customer is hereby informed that he/she may, in any event, have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) or with existing sectoral mediation bodies, in accordance with the provisions of the French Consumer Code. The Customer may also resort to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In addition, in accordance with the provisions of European Regulation No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent electronic settlement of disputes between consumers and professionals in the European Union.

 

 

Article 15 - Pre-contractual information - Customer acceptance

The Customer acknowledges that, prior to placing an order and entering into a contract, he/she has been provided, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and with all the information listed in article L. 221-5 of the French Consumer Code, and in particular :

The essential characteristics of the Product ;

The price of the Products and related costs (e.g. delivery);

In the absence of immediate performance of the contract, the date or period within which Gamel Helmets undertakes to deliver the Product ;

Information relating to Gamel Helmets' identity, postal, telephone and electronic contact details, and its activities, if not apparent from the context;

Information on legal and contractual warranties and how to make use of them;

The possibility of resorting to conventional mediation in the event of a dispute ;

Information on the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), the cost of returning Products, cancellation procedures and other important contractual conditions.

By placing an order on the Gamel Helmets website, the customer fully accepts and agrees to be bound by these General Terms and Conditions of Sale. The customer expressly acknowledges this and waives the right to invoke any contradictory document that may be unenforceable against Gamel Helmets.