General Terms and Conditions of Sale
The company “GOLIATE INTERNATIONAL SAS”
Established at 18/20 rue Tronchet – 69006 Lyon
+33 (0) 6 69 57 49 90
Registered in the RCS of Lyon N ° 831 683 404
Code NAF 4791B: distance selling on specialized catalogue
General terms and conditions of sale of the products sold on www.goliate.com
Date of last update 31/08/2017
Article 1 – Purpose
The present conditions govern sales by the company GOLIATE INTERNATIONAL SAS, established at 18/20 rue Tronchet 69006 Lyon of:
– adult toys;
– all non-food products.
The general conditions of sale of the company GOLIATE INTERNATIONAL SAS are available at the Internet address http://www.goliate.com and on request to the email address email@example.com.
Any service provided by the company GOLIATE INTERNATIONAL SAS on behalf of a customer implies that the customer acknowledges these general conditions of sale and that they adhere without reservation to these same conditions. The customer thus waives any application of their general conditions of purchase.
Article 2 – Price
Prices are quoted in Euros, all taxes included.
If you are making an order to a country other than metropolitan France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes are likely to be due. These rights and sums are not the responsibility of the company GOLIATE INTERNATIONAL SAS. They will be your responsibility, both in terms of declarations and payments to the appropriate authorities and bodies in your country. We recommend you seek advice on these requirements from your local authorities.
All orders, regardless of origin, are payable in Euros.
The company GOLIATE INTERNATIONAL SAS reserves the right to modify its prices at any time, however the product will be invoiced on the basis of the tariff in force at the time of the confirmation of the order, and subject to availability.
The products remain the property of the company GOLIATE INTERNATIONAL SAS until full payment has been made.
Warning: As soon as you take physical possession of the products ordered, the risks of loss or damage of the products are transferred to you.
Article 3 – Orders
You can order:
On the Internet: www.goliate.com
On the marketplaces (Amazon, Cdiscount, etc.)
The contractual information is presented in the French language and will be subject to your agreement, at the latest, when your order is confirmed.
The company GOLIATE INTERNATIONAL SAS reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, and especially in the case of a supply problem, or in case of difficulty concerning the order received.
Article 4 – Confirmation of your order
Any order placed on the website www.goliate.com implies adherence to these Terms and Conditions. Any confirmation of order implies your full and complete adhesion to the present general conditions of sale, without exception or reservation.
All the data provided, and the recorded confirmation, will be proof of the transaction.
You declare that you are fully aware of this.
The confirmation of the order is final and demonstrates acceptance of the operations carried out.
A summary of the information relating to your order and these Terms and Conditions will be sent to you in PDF format via the email address on which you confirm your order.
Article 5 – Payment
The fact of confirming your order implies for you the obligation to pay the indicated price.
The payment of your purchases can be made:
By credit card using Secure PayPal
By PayPal account
The card is only debited on shipping of the order. In the case of split deliveries, only the products shipped are debited.
Article 6 – Withdrawal
In accordance with the provisions of article L.121-21 of the Consumer Code, you have a 14-day withdrawal period from receipt of your products to exercise your right of retraction without having to justify reasons or pay a penalty.
Products are to be returned in their original state and complete (packaging, accessories and documentation). The provision of these items is your responsibility. If damage is suffered by the product at this time, the right of withdrawal may be removed.
The costs of return are at your expense.
In the event of exercising the right of withdrawal, the company GOLIATE INTERNATIONAL SAS will proceed to the refund of the sums paid within 14 days of notification of your request and via the same means of payment as used during the order.
EXCEPTIONS TO THE RIGHT OF RETRACTION
In accordance with the provisions of article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
The provision of services fully executed before the end of the withdrawal period, the execution of which has begun after prior agreement of the consumer and which renounces his right of withdrawal.
The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period.
The supply of goods made according to the consumer’s specifications or clearly personalized.
The supply of goods which are liable to deteriorate or to perish rapidly.
The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
The supply of goods which, after being delivered and due to their nature, are inseparably mixed with other articles.
The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional.
The provision of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
The supply of a newspaper, periodical or magazine, except for contracts for subscribing to such publications.
Transactions in a public auction.
The supply of digital content not provided on a physical medium whose execution has begun after prior agreement of the consumer and which renounces his right of withdrawal.
Article 7 – Availability
Our available products are visible on the site www.goliate.com and within the limit of available stock. For non-stocked products, purchase is subject to availability at our suppliers. In case of non-availability of a product after placing your order, we will inform you by email. Your order will be automatically canceled and no bank debit will be made.
The website www.goliate.com does not intend to sell its products in large quantities. Consequently, the company GOLIATE INTERNATIONAL SAS reserves the right to refuse orders for 10 identical items.
Article 8 – Delivery
The products are delivered to the delivery address indicated during the ordering process, within the time indicated on the order confirmation page.
In case of delayed shipment, an email will be sent to you to inform you of a possible impact on the delivery time that was indicated to you.
In accordance with legal provisions, in case of delayed delivery, you have the possibility to cancel the order under the conditions and procedures defined in article L 138-2 of the Consumer Code. If you receive the product in the meantime we will refund it and transport costs in accordance with article L 138-3 of the Consumer Code.
In case of deliveries by a carrier, the company GOLIATE INTERNATIONAL SAS cannot be held responsible for late delivery due exclusively to unavailability of the customer after several proposals of appointments.
Article 9 – Guarantee
GOLIATE’s brand guarantees all its products for one year after the date of purchase, to cover defects in manufacturing or equipment that could occur, despite all the care taken in the development of our products. All complaints and requests for exchanges or refunds must be made by email to firstname.lastname@example.org or via the contact page of the website www.goliate.com. Proof of purchase of your product is required to enforce your warranty. It is therefore imperative that you keep your receipt when you buy.
The warranty covers the parts that operate the object. It does NOT cover any cosmetic degradation due to accident, poor maintenance or negligence. In addition, the warranty becomes void when the item (and its accessories) has been opened or attempted to be worn.
The use of oils and sun creams, lip care and lip balms, essential oils, coconut oil and edible oils of all kinds causes damage to your silicone sex toys. Please do not use any of the products mentioned above with GOLIATE’s adult toys, otherwise the warranty conditions may no longer apply.
All our products benefit from the legal guarantee of conformity and of hidden defects provided for in article 1641 and in accordance with the Civil Code. In case of non-conformity of a product sold, it can be returned, exchanged or refunded.
The products must be returned to us in the state in which you received them with all the elements included (accessories, packaging and documentation). Shipping costs will be refunded on the basis of the invoiced price and the return costs will be reimbursed upon presentation of proof of payment.
The provisions of this Article do not prevent you from enjoying the right of withdrawal provided for in Article 6.
Article 10 – Responsibility
The products offered comply with the French legislation in force. The responsibility of the company GOLIATE INTERNATIONAL SAS cannot be engaged in case of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with the local authorities the possibilities of importing or using the products or services you intend to order.
Moreover, GOLIATE INTERNATIONAL SAS cannot be held liable for damages resulting from misuse of the product purchased.
Finally, the responsibility of the company GOLIATE INTERNATIONAL SAS cannot be taken for all the disadvantages or damages inherent to the use of the Internet network, in particular a rupture of service, an external intrusion or the presence of computer viruses.
Article 11 – Applicable law in case of disputes
The language of this contract is French. These conditions of sale are subject to French law. In case of dispute, the French courts will be the only ones competent to pass judgment.
Article 12 – Intellectual Property
All the elements of the site www.goliate.com are and remain the intellectual and exclusive property of the company GOLIATE INTERNATIONAL SAS. No part of this site may be reproduced, exploited, rebroadcast, or used for any purpose whatsoever, including software, visual or audible. Any simple or hypertext link is strictly forbidden without the express written agreement of the company GOLIATE INTERNATIONAL SAS.
Article 13 – Personal data
The company GOLIATE INTERNATIONAL SAS reserves the right to collect personal information and personal data concerning you. They are necessary to manage your order, as well as to improve the services and information that we send you.
They may also be transmitted to companies that contribute to these relationships, such as those responsible for the execution of services for the management, execution, processing and payment of orders.
This information and data is also kept for security purposes in order to comply with legal and regulatory requirements.
In accordance with the law of January 6, 1978, you have the right to access, rectify and oppose personal information and personal data about you directly on the website.
Article 14 – Archiving Evidence
The company GOLIATE INTERNATIONAL SAS will archive purchase orders and invoices on a reliable and durable support constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.
The computerized registers of the company GOLIATE INTERNATIONAL SAS will be considered by all the parties concerned as proof of the communications, orders, payments and transactions intervened between the parties.
Made in Lyon on 31st of August 2017.
GOLIATE INTERNATIONAL SAS