Terms & conditions
1. PURPOSE OF THE GENERAL TERMS AND CONDITIONS
These general terms and conditions (hereinafter referred to as the “GTC”) are intended to set out the general terms and conditions under which the company GOLOKS (hereinafter referred to as the “Seller”), a retailer of footwear, sells one or more products (hereinafter referred to as the “Product(s)”) to a consumer client (hereinafter referred to as the “Client”), as described in the Order (hereinafter referred to as the “Order”).
2. DOCUMENTS CONSTITUTING THE CONTRACT
The Contract governing the contractual relationship between the Parties (hereinafter referred to as the “Contract”) is composed of the following contractual documents:
The Order
These general terms and conditions of sale (GTC)
3. FORMATION OF THE CONTRACT
The Products selected by the Client are those specified in the Order placed on the Seller’s website at the following address (hereinafter referred to as the “Website”): https://www.goloks.fr.
It is specified that Orders placed online by the Client via the Website constitute distance contracts within the meaning of Article L. 221-1 of the French Consumer Code.
The Client acknowledges having read the content of this Contract before committing, which provides the mandatory pre-contractual information required under Article L221-5 of the French Consumer Code.
The Client agrees to receive an electronic copy of this Contract.
The Order steps are as follows:
From the product page, selecting the desired shoe size and quantities.
Clicking the “Add to cart” button.
Clicking “Validate order” in the order summary.
Clicking on the cart icon in the top right corner, with the possibility of modifying the selection.
Providing delivery and billing information (name, first name, email, mobile phone, postal address). The information provided by the Client determines the applicable delivery fees.
Selecting the payment method: credit card, PayPal, American Express, Sofort, Bancontact, iDeal, and Multibanco.
Making payment under the conditions indicated on the Website.
Clicking “Order.”
Until the payment step, the Client may modify the Order, particularly any errors made when entering their data, by returning to the previous screens. The final acceptance of the Order is completed by making payment.
A confirmation of the Order is displayed on the Website after payment confirmation. The Order confirmation includes a summary of the Order contents. The Order confirmation is also sent to the Client by email to the address provided.
The Seller reserves the right to block an Order, particularly in the event of suspected or proven fraud (compromised credentials, etc.).
4. CONDITIONS APPLICABLE TO PRODUCTS
4.1 Availability of Products
At the time of placing the Order, the Seller undertakes to provide the Client with information regarding the availability of different Products. If unavailability is discovered after the Order has been placed, the Client will be informed as soon as possible by email and will receive a full refund of the expenses incurred during the Order.
4.2 Place of Delivery – Delivery Charges
Products are delivered to the shipping address provided by the Client or to a designated pickup point. The shipping address may differ from the billing address. The geographical delivery zones and available pickup points are those indicated on the Website at the time of the Order.
4.3 Delivery Time
Products sold to the Client are delivered within the timeframes indicated during the Order. The Seller undertakes to meet the agreed delivery deadlines, noting that the maximum delivery time from the validation of the Order is 30 business days. In the event of a significant delay, the Client will be informed by email.
4.4 Verification of Products upon Receipt – After-Sales Service
The Client undertakes to verify the Product(s) upon receipt and to report any reservations at the time of delivery, particularly in the event of damage to the package or non-compliance with the Order. The Client must notify the Seller of any reservations concerning the delivered Product(s) within a maximum period of five (5) business days following the receipt date by contacting customer service at: contact@goloks.com. The Seller undertakes to refund the Client, apply a discount, or issue a credit valid for one year if, after verification, the claim made within the prescribed time and manner is found to be justified.
4.5 Inquiries
For any information regarding the status of the Order or for any questions, the customer service department is available to the Client by telephone at +33 4 85 40 00 38 (charged at the rate of a local call from a landline). This service is available Monday to Friday from 8:30 AM to 12:30 PM and from 1:30 PM to 5:00 PM (closed on Saturdays, Sundays, and public holidays), or by email at contact@goloks.com.
4.6 Warranty applicable to the Product(s) sold to French Clients or Clients residing in France
The French Client or Client residing in France benefits from the legal warranty of conformity in accordance with Articles L. 217-4 to L. 217-13 of the French Consumer Code and the warranty against hidden defects in accordance with Articles 1641 to 1648 and 2232 of the French Civil Code.
Article L. 217-4 of the French Consumer Code
The Service Provider delivers goods that comply with the contract and is liable for any conformity defects existing at the time of delivery. The Service Provider is also liable for conformity defects resulting from packaging, assembly instructions, or installation when such installation is the responsibility of the Service Provider under the contract or was carried out under its responsibility.
Article L. 217-5 of the French Consumer Code
The goods comply with the contract if: 1° They are suitable for the use usually expected of similar goods and, where applicable:
They correspond to the description given by the Service Provider and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
They have the qualities that a buyer can legitimately expect given the public statements made by the Service Provider, the producer, or its representative, particularly in advertising or labeling; 2° Or they have the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, brought to the knowledge of the Service Provider and accepted by the latter.
Article L. 217-12 of the French Consumer Code
The action resulting from a conformity defect is time-barred after two years from the delivery of the goods.
Article L. 217-16 of the French Consumer Code
When the buyer requests the Service Provider to repair the goods under the commercial warranty granted at the time of purchase or repair of a movable item, any downtime of at least seven days is added to the remaining warranty period. This period starts from the buyer’s request for intervention or the provision of the goods for repair, if the latter is later than the intervention request.
Article 1641 of the French Civil Code
The Service Provider is liable for hidden defects in the item sold that render it unfit for the intended use or that so diminish its use that the buyer would not have acquired it, or would have paid a lower price, if they had known about the defects.
Article 1644 of the French Civil Code
In the cases provided for in Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded or keeping the item and having part of the price refunded.
Article 1646 of the French Civil Code
If the Service Provider was unaware of the defects in the item, they will only be liable for refunding the price and reimbursing the buyer for the costs incurred by the sale.
Article 1648 of the French Civil Code
The action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect. The Client has two (2) years to assert either of these warranties. For conformity defects, the period starts from the delivery of the Product. For hidden defects, the period starts from the discovery of the defect. If an apparent defect, a conformity defect, or a hidden defect in the item, as declared by the Consumer Client, is confirmed after expert examination, the Seller may proceed with the repair or replacement of the Product free of charge. If repair or replacement is impossible, the Seller reserves the right to reimburse the Client at its own expense. The Client is informed that spare parts for the Product(s) are available on the market for a period of 2 years. However, the Seller shall not be held liable for improper use, poor maintenance, and/or excessive use of the Products by the Client.
5. CONDITIONS APPLICABLE TO THE RIGHT OF WITHDRAWAL
5.1 Existence of the Right of Withdrawal
The Customer has a withdrawal period of 14 calendar days, without having to provide any justification or incur penalties. For product sales, the period begins on the day following the receipt of the Product and is extended to the next business day if the period expires on a Saturday or Sunday. The right of withdrawal applies exclusively to products that are unaltered and in new condition. Any use of the product that alters its new condition subsequently prohibits the exercise of the right of withdrawal.
5.2 Exercise of the Right of Withdrawal
The Customer may use the withdrawal form template below, but it is not mandatory. To comply with the withdrawal period, the Customer must notify their intention to withdraw in writing before the expiration of the period by email to: contact@goloks.com
The Customer may also fill out the return form available in their account history by clicking on the relevant Order number.
Template of the withdrawal form that the Customer may use (not mandatory):
Customer Address: Email: Date: Signature (only if this form is notified in paper format)
The Customer must return the Product(s) without undue delay and, in any case, no later than 14 days after their electronic notification of withdrawal to GOLOKS, at the following address: 213 route de Bourdeaux 26400 SAOU, in their original packaging, accompanied by all elements provided to the Customer, as well as the following documents. The Customer must indicate on the package the following mention: “E-COMMERCE RETURN.” The return costs will be covered by the Seller. The customer service will provide a shipping label from a partner carrier, which must be affixed to the package and dropped off at a designated drop-off point. If the Customer wishes to choose their own shipping method, they will bear the entire return costs associated with the chosen delivery method. If the Product is intact, the Seller will refund the Customer the total amount paid (including delivery costs) no later than 14 days from the receipt of the returned Product(s), using the same payment method as the original payment, unless the Customer expressly requests another method.
6. FINANCIAL TERMS
6.1 Product Prices
The applicable Product prices are those displayed on the Website at the time of the Order. Depending on the language chosen by the Customer, prices are displayed in euros / pounds sterling / US dollars / Japanese yen on the product pages. However, at the time of payment, the price is indicated in euros. Unless otherwise stated, prices include VAT. Prices excluding and including VAT are indicated at the time of the Order. Any modifications to taxes and fees will generally be reflected in the Customer’s total cost. Delivery fees may apply depending on the desired delivery area. These fees are indicated to the Customer at the time of the Order. The Seller also reserves the right to offer preferential rates. The conditions and duration of such benefits will be presented on the Website or communicated to the Customer.
6.2 Customs Duties and Taxes for Products
When the Customer orders Products for delivery overseas or outside the European Union, they are considered the importer of the Products. They must comply with all applicable laws and regulations in the country where the Products are received. The Customer may be subject to import obligations and taxes collected upon arrival of the package. Unless otherwise indicated at the time of the Order, the Seller covers any applicable customs duties and taxes.
6.3 Payment of the Price
The price of the Products is payable in full at the time of the Order. Payments can be made by credit card, PayPal, American Express, Sofort, Bancontact, iDeal, and Multibanco. Depending on the country, other payment methods may be available on the Website. The Customer will not be charged until their Order is validated.
6.4 Electronic Invoices
The Customer is informed and agrees to receive the invoice corresponding to their Order by email.
6.5 Late Payment
In case of late payment, late penalties based on the legal interest rate will apply after a formal notice remains unheeded for 15 days from its receipt.
7. CONDITIONS OF USE AND MAINTENANCE OF PRODUCTS
The Customer agrees to read and comply with the conditions of use of the Products, available on the Website. A maintenance manual with care advice is provided to the Customer upon delivery.
The Seller shall not be held responsible for improper use, maintenance, or excessive use of the Products by the Customer.
The Customer agrees not to resell the ordered Product(s) and undertakes to use them strictly for personal purposes.
8. INTELLECTUAL PROPERTY
The Seller holds intellectual property rights over the Products sold to the Customer, including the GOLOKS trademark. The Customer acknowledges that the present terms do not confer any intellectual property rights on the Products. The sale of the Products under these terms shall not be construed as the transfer of any intellectual property rights within the meaning of the French Intellectual Property Code. The Customer agrees not to infringe in any way upon the Seller’s intellectual property rights and not to engage in any act that could result in the counterfeiting of any element or component of the Products.
9. Force Majeure
The Seller shall not be held liable for any delay or failure to perform any of its obligations under this Agreement or an Order placed pursuant to this Agreement if such delay or failure is due to the occurrence of a force majeure event commonly recognized by the case law of the French courts and tribunals. Notwithstanding the force majeure events commonly recognized by the case law of the French courts and tribunals, the Parties expressly agree that the following shall also be considered as force majeure events: acts of terrorism, wars, total or partial strikes and lockouts of third-party companies affecting the performance, weather conditions, epidemics, blockages of transportation routes, means of transport or supply for any reason, pandemics, earthquakes, fires, storms, floods, water damage, government or legal restrictions, legal or regulatory changes in marketing methods, telecommunications blockages (France Telecom networks or technical centers). The Client wishing to invoke a force majeure event must notify the Seller by registered letter with acknowledgment of receipt as soon as it becomes aware of such an event. Once the effects of the invoked force majeure event have ceased, the Seller will inform the Client without delay by any means and will immediately resume the performance of its obligations. If the effects of the force majeure event persist for more than one (1) month, the Parties agree that this Agreement may be terminated automatically by the most diligent Party by sending a registered letter with acknowledgment of receipt.
10. SUBCONTRACTING / ASSIGNMENT
The Client grants the Seller a general authorization to subcontract all or part of the services to any service provider of its choice. In any case, the Seller shall remain responsible to the Client for the proper performance of the contract and services by the subcontractor it engages. The Seller is also authorized to assign the Agreement to any assignee of its choice. In the event of assignment of this Agreement by the Seller, the Client agrees that the Seller will not be jointly liable for the proper performance of the Agreement by the assignee. Any assignment, subrogation, substitution, or other form of transfer of this Agreement by the Client is prohibited unless prior written consent is obtained from the Seller.
11. LIABILITY
In accordance with applicable legal provisions, the Seller is fully liable to the Client for the proper performance of the obligations under 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 Agreement is attributable either to the Client, to an unforeseeable and insurmountable event caused by a third party to the Agreement, or to a force majeure event.
The Client is solely responsible for the choices it makes. Therefore, the Parties agree that the liability of the Service Provider cannot be engaged due to the unsuitability of a Product to the Client’s needs.
Moreover, the Seller is only responsible for the services expressly assigned to it under this Agreement.
The Seller is not liable for damages related to the communication network or for the Client’s Internet access failures. Finally, the Seller’s liability may only be invoked for direct damages that can be attributed to it under the performance or non-performance, even partial, of its obligations under the Agreement, with indirect damages being excluded.
Thus, the Service Provider’s liability cannot be sought for any indirect harm, loss of opportunity, data loss, damage to reputation, or any other special damages or events outside its control or any act not attributable to it.
By express agreement between the Parties, and unless proven breach, the Service Provider’s liability is limited, for all direct damages combined, to the sum of €2,000.
12. TERMINATION FOR BREACH
In case of a breach by a Party of any of its obligations under this Agreement, the other Party shall have the right to terminate this Agreement automatically, 30 days after a formal notice sent by registered letter with acknowledgment of receipt that remains unanswered, without prejudice to any damages it may be entitled to due to the invoked breaches.
13. EVIDENCE AGREEMENT
The Client acknowledges the validity and evidentiary force of the electronic exchanges and records made by the Seller and agrees that these records will have the same evidentiary value as a document signed by hand. All data and files recorded on the Website, and more generally on the Seller’s IT infrastructure, will serve as proof of the facts to which they relate.
14. PERSONAL DATA
As part of the Agreement, the Seller may process the Client’s personal data. The rules regarding the protection of personal data are set out in the privacy policy available here.
15. MISCELLANEOUS PROVISIONS
Each clause of this Agreement shall be interpreted, to the extent possible, in a manner that is valid 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 following an enforceable decision, such provision shall be deemed to be non-existent, without affecting the validity of the other provisions, and will be replaced by a valid provision with equivalent effect, which the Parties agree to negotiate in good faith, as if they had known the illegality, voidness, or unenforceability of the said provision.
The failure of a Party to invoke any provision of this Agreement shall not constitute a waiver of its right to require compliance with each of its clauses and conditions.
16. GOVERNING LAW – COMPETENT JURISDICTION
The French version of these general terms and conditions shall prevail and take precedence over any other version drafted in a foreign language.
The Agreement is governed by French law.
In accordance with Articles L 611-1 et seq. of the Consumer Code, the Consumer Client has the right to resort to a consumer mediator free of charge (except for potential lawyer and expert fees) for the amicable resolution of a dispute with the Seller.
The Seller adheres to the e-commerce mediator service of the FEVAD (Federation of E-commerce and Distance Selling), whose contact details are as follows: 60 Rue La Boétie – 75008 Paris http://www.mediateurfevad.fr.
After a written approach by the Consumer to the Seller’s Customer Service that remains unsuccessful, the mediator service can be contacted for any consumer dispute that has not been resolved.
Since February 15, 2016, the European Commission’s online dispute resolution platform has been open to the public. Any consumer facing a dispute with a business located in the Union may submit a request for mediation through this European platform. The Client may also consult the European Commission’s website dedicated to consumer mediation:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN
In the event of a dispute with a Client that has not been amicably resolved, express jurisdiction is granted to the court of the defendant’s place of residence, in accordance with Article 42 of the Code of Civil Procedure, or, at the option of the defendant, to 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.
