Terms & Conditions when purchasing products
These Terms and Conditions apply to all Products sold by us, GE.BÉ atelier co., a company registered in the Commonwealth of Pennsylvania, USA, whose registered address is at 12 East Orange street, Lititz (PA), 17543.(referred to as “we/us/our”).
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following terms have the following meanings:
“Consumer” is as defined as a person or group who purchase goods for their own use;
“Contract” means the contract formed between you and us, as detailed in clause 2;
“Client/You/Your” means you, the Consumer, firm or corporate body purchasing the Products;
“Products”, where applicable, means the products to be provided by us to you as ordered by you via our Website;
“Website” means www.gebeatelier.com.
1.2 Each reference in these Terms and Conditions to:
1.2.1 “writing” and “written” includes emails.
1.3 The headings used in these Terms and Conditions are for convenience only and will have no effect on their interpretation.
1.4 Words imparting the singular number shall include the plural and vice versa. References to any gender shall include the other gender. References to persons shall include corporations.
2. How the Contract is Formed
2.1 These Terms and Conditions govern the sale of all Products provided by us and will form the basis of the Contract between you and us.
2.3 You may be able to purchase Products directly from our Website. In this event, our Website will guide you through the ordering process. Your order constitutes a contractual offer that we may, at our sole discretion, accept. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an email that confirms that the order has been successfully processed (“the Order Confirmation”). The Contract between us will only be formed when we send you the Order Confirmation. The Order Confirmation will contain full details of the Product(s) ordered, the price (including any taxes, shipping fees and other additional charges), and where applicable, the estimated date on which the Product(s) will be delivered.
3. Products
3.1 We make all reasonable efforts to ensure that all descriptions and illustrations of Products available from us correspond to the actual Products that you will receive. Please note, however, that images shown on our Website or in our marketing literature are for illustrative purposes only. There may be slight variations between the image of an item and the actual Product sold due to differences in computer displays and lighting conditions.
3.2 Please note that clause 3.1 does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor discrepancies. Please refer to clause 5 if the Products are incorrect.
3.3 All Products purchased through our Website will normally be delivered within 30 calendar days of the date of our Order Confirmation unless otherwise agreed (subject to events outside of our control).
3.4 In the unlikely event that we fail to deliver the Products within 30 calendar days of our Order Confirmation (except as detailed in clause 3.3), you may cancel your order immediately if we have refused to deliver your Products or if you told us when ordering the Products that delivery within that time period was essential.
3.5 If you do not wish to cancel under clause 5.4 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may then cancel your order.
3.6 Delivery shall be deemed complete once we have delivered the Products to the address provided in your order.
3.7 If we are unable to deliver the Products on the delivery date (if, for example, no one is available at your address to receive the Products) we will leave a note informing you that the Products have been returned to our premises, requesting that you contact us to arrange re-delivery. The re-delivery will be chargeable.
3.8 The risk in the Products shall remain with us until they come into your physical possession.
3.9 Ownership of the Products passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
4. Price and Payment
4.1 We make all reasonable efforts to ensure that any prices shown on our Website are correct at the time of going online. All prices are checked by us before we accept your order. In the unlikely event that we have shown incorrect pricing information, we will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order. If the correct price is higher, we will give you the option to purchase the Products at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If we do not receive a response from you within 48 hours, we will treat your order as cancelled and notify you of this in writing.
4.2 If we discover an error in the price or description of the Products on our Website after your order is processed, we will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract and receive a refund if this happens.
4.3 All orders placed via our Website must always be paid for in advance and will be taken we process your order and send you an Order Confirmation (this usually occurs immediately and you will be shown a message confirming your payment). All payments have to be made using our chosen payment gateway provider, such as PayPal. Payments will go through this payment gateway provider’s website. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to the payment gateway provider’s terms and conditions. A separate contractual relationship will be created between you and the payment gateway provider and we cannot be held responsible for their actions or lack of actions.
4.4 You (customer) is responsible for any taxes, VAT and customs clearance charges required by your country of residence. Once the package leaves us, we are no longer in possession of the item and not responsible for any packages held by custom agencies. It is your responsibility to check with your country’s customs office to determine their procedure and any potential charges.
5. Problems with Products
5.1 We provide Products that are of satisfactory quality, fit for purpose and as described. If any Products you have purchased do not comply, please contact us as soon as reasonably possible to inform us of the problem.
5.2 In the case of physical Products ordered:
5.2.1 Exchanges and refunds are possible only if the item you receive is damaged.
5.2.2 If the packaging and item are damaged on delivery, the damaged good must be reported within 48 hours from the delivery date. Include in your message photos of the damaged item, the box and the shipping label;
5.2.3 Return cannot be made, unless we send you the wrong item;
5.2.4 On receipt of the proof of the damaged item via email, we will provide you with a replacement within a reasonable time and at no extra charge such as shipping fees. Please refer to clause 4 for TAX/VAT and Customs;
5.2.5 In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund, including any delivery costs paid by you when the Products were originally purchased. Any customs clearance charges remain your responsibility and won’t be refund by us;
5.2.6 Please note that you will not be eligible to claim under this clause 7 if we informed you of the fault(s), damage or other problems with the Products before you purchased them (and it is because of the same issue that you now wish to return them); you have purchased the Products for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Products for that purpose; or the problem is the result of normal wear and tear, misuse or intentional or careless damage.
5.3 Refunds under this clause 5 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund, using the same payment method that you used when purchasing the Products, unless you specifically request that we make a refund using a different method.
6. Our Liability
6.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
6.2 We will use our own exclusive judgement when deciding upon artistic factors required for the provision of the Products. To the extent permissible by law, we will not accept liability, and no refunds will be offered, in the unlikely event that you are dissatisfied due to a matter of personal taste.
6.3 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
6.4 We may provide referrals or recommendations to other companies. Please be aware that we may receive commission payments from these companies. However, the decision regarding their suitability rests with you and we accept no liability for their actions or lack of actions.
6.5 No action or proceedings against us arising out of, or in connection with, our Agreement shall be commenced after the period of 1 months from the delivery date of the Products, whichever is the earlier.
7. Intellectual Property Rights
7.1 We own (and retain) all intellectual property rights subsisting in any and all designs we create and all content on our Website.
7.2 Provided payment is made in accordance with the terms of payment above. You may not use these intellectual property rights without our prior written permission.
8. Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism or war, governmental action, pandemic, epidemic or other natural disaster, or any other event that is beyond our control.
9. Complaints and Feedback
9.1 We always welcome feedback from our clients and, whilst we always use all reasonable endeavours to ensure that your experience as a client of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
9.2 If you wish to complain about any aspect of your dealings with us, please contact us in writing in the first instance. We will respond to your complaint within 14 days.
10. Governing Law and Jurisdiction
10.1 These Terms and Conditions (and the Contract), including any non-contractual matters and obligations arising from them or associated with them, will be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, USA.
10.2 Any dispute, controversy, proceedings or claim between us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising from them or associated with them) will fall within the jurisdiction of the courts of the Commonwealth of Pennsylvania, USA.