GENERAL CONDITIONS OF SALE
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In accordance with the provisions of Articles 6-III and 19 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, known as LCEN, we are providing the following information to visitors and users of the site:
Legal information:
Owner's registered office and postal address:
47 D rue du Général de Gaulle
67150 Erstein FRANCE
Tel: 0651496429
Site hosted by Shopify inc, 126 York street, Ottawa, Ontario, K1N 5T5 Canada
Owner, editor/publication director of the site, data manager:
BIRGEL Benjamin micro-entrepreneur
Contact webmaster:
info@guappaa.com
APE/NAF 4791A
Intracommunity VAT No. FR88504473422
Siren and RCS:
504473422
504 473 422 RCS STRASBOURG
Exempt from VAT art. 293B of the CGI.
2 Presentation and principle
The user is hereinafter referred to as the visitor of the guappaa.com website.
Any Internet user connecting to and using the aforementioned site guappaa.com
The guappaa.com website brings together a set of services available to users as is.
It is specified that the latter must show courtesy and good faith, respect other users as well as the editor/webmaster of the guappaa.com site.
The above-mentioned site guappaa.com is updated regularly.
This website is operated by guappaa.com. Throughout the site, the terms "we", "us" and "our" refer to Guappaa that offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms of Use", "Legal Notices", "Privacy Policy", "Returns, "Shipping"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, business owners, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to this store in the future shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE
By accepting these General Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, or that you have given us your consent to allow any of your minor dependents to use this website.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or any other code of a destructive nature.
Any breach or violation of these Terms of Service will result in immediate termination of your Services.
Article 1A - SALES FUNNEL
The customer goes to a product sheet or a direct link in the "category" menu, the customer adds the item of their choice to the basket and validates their basket (1st click), the customer chooses their delivery address, their payment method then validates their order, the T&Cs, with obligation to purchase and payment (2nd click).
By validating the order, the credit card or Paypal debit is immediate and the order is deemed to have been fully placed and accepted with obligation to pay.
The customer receives confirmation by email or in their customer account of the invoice with delivery information, general conditions of sale in PDF, return form on durable media in PDF before and until the latest upon receipt of the items.
At any time you can modify, delete your articles or leave the site!
ARTICLE 1B - TRANSFER OF OWNERSHIP
The transfer of ownership is effective upon payment.
The risks that fall to you will be your entire responsibility upon receipt of the items, i.e. tracking after delivery has been made.
ARTICLE 1C - DISPLAYED PRICES AND CURRENT PRICES
The items on sale are all at the current prices displayed by our competitors or indicative prices provided by suppliers with reference to the prices visible in a panel of similar retailers.
Discounts are at your discretion depending on your loyalty to our site.
We offer a discount at your discretion based on the total amount purchased which is variable and not perpetual.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse access to the Services to anyone at any time, for any reason.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or contact on the website through which the Service is provided, without express prior written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are committed to providing you with the most accurate information possible. If you encounter any errors or misunderstandings, please contact us at info@guappaa.com.
The product pages are as faithful as possible to reality, both in terms of representations and descriptions and information provided.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
Once your order has been placed, the price is deemed firm and unalterable, no changes will be made on our part.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
ARTICLE 4 BIS - TAXES AND TRANSPORT-CUSTOMS CLEARANCE
Items available on guappaa.com are sold in € under VAT exemption, total net of VAT including all taxes.
VAT not applicable Article 293B of the CGI.
To the extent that some of the items are sent from outside the European Union, the following costs are in addition to the sale price, where applicable, customs duties above €150 of intrinsic package value. All shipments are calculated VAT paid excluding customs fees to be paid by the final recipient customer in his capacity as importer above 150 euros of parcel value.
Fees do not include storage, packaging, handling, transportation, customs clearance costs.
For any purchase made by a customer, if the place of departure of the delivery is located outside the European Union,
Our seller activity does not take care of the storage, shipping or delivery of products,
The online buyer is considered to be the importer of the product and will be liable for customs duties above €150 of intrinsic package value for importation.
Upon importation, the taxable event occurs and the tax becomes payable at the time the good is considered to be imported.
The tax must be paid by the person designated as the actual recipient of the goods on the import declaration as defined in the Customs Code.
The tax base is the customs value, as defined by the Community regulations in force.
The tax base includes:
taxes, duties, levies and other charges which are due as a result of the importation, with the exception of VAT itself;
incidental costs, such as commission, packaging, transport and insurance costs incurred up to the first place of destination.
When goods placed under a VAT suspension regime are put into consumption, the tax base also includes the services provided under the regime or directly linked to the placing of the goods under the regime, other than the aforementioned incidental costs.
The Customer is solely responsible for the process of declaring and paying import customs duties. To the extent that this tax is not the responsibility of the Company, it cannot be held liable for reimbursement of this tax.
For all products shipped outside the European Union and/or French overseas territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes, import duties, or state taxes may be payable in certain cases. The Company has no control over these duties and amounts.
These will be the responsibility of the Client and are his responsibility (declarations, payment to the competent authorities, etc.). The Company therefore invites the Client to inquire about these aspects with the corresponding local authorities.
ARTICLE 4 C - DELIVERY
Delivery to mailbox with tracking without signature (no need to be present)
The service is provided by La Poste or an additional carrier.
Delivery to a relay point chosen by us, as close to your home as possible.
You will receive a solid opaque neutral package, to protect your future finds!
Your orders may arrive in several separate packages and not necessarily simultaneously depending on weight and size.
Free delivery occasionally!
| France standard | Europe | World | ||
| Delivery time | 4 to 8 working days | 4 to 10 days | 7 to 20 days | |
| Delivery cost | 4.95e 0 euro | 7.95e 0 euro | 19.95 euros |
Delivery time in working days.
You will receive emails at each stage of the order (order, payment, confirmation, shipping, etc.).
Follow-up is assured, you will receive a link by email.
If you still have a question for us:
info@guappaa.com or using the contact form.
By mentioning the order number and your email address.
We are not responsible for any errors in address, name, email or mobile number when filling out your information.
It is possible to modify this very quickly after your order within 1 hour of ordering by sending us an email with your modification.
Check them carefully before sending, an error in the
natural disasters or any cause beyond our control.
Please be patient in this case of force majeure, thank you!
If you do not receive your item within 30 days in accordance with the law, you can request a refund by providing us with proof of non-receipt.
Any package not received, not voluntarily collected could not be attributed to us and is therefore not refundable because it is not necessarily returned to the supplier and not Guappaa, the buyer will make every effort to recover his shipment and accept the packages sent, in case of returns consult our returns section thank you!
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We guarantee to take the utmost care over the quality of all products. However, if you wish to inform us of any problems you have encountered, please contact us at:
info@guappaa.com
We do not warrant that any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please see our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through our website (including the release of new tools and resources). These new features and services will also be subject to these Terms of Service.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
PAYPAL
When you purchase an item from our site via Paypal, our terms and conditions do not match those of third-party sites, and you agree to follow their rules at your own risk.
We do not hold any banking information, which remains on the servers of the said payment organizations and the Shopify server, provider of the guappaa.com platform.
If a dispute becomes a claim within 30 days of your order for an item not received, we can no longer respond via Paypal unless they request information.
Please be patient in this case and contact us at info@guappaa.com so that we can find a solution together before initiating a dispute.
On the other hand, by not respecting the deadlines indicated in our "shipping policy" section and under penalty of fees applied while your order is delivered, compensation corresponding to the exact amount of the dispute may be requested from you.
Following the dispute and after PayPal has accepted your eligibility for a refund, you must also return your items to us within 14 days as required by law.
STRIPE
Stripe is an online payment platform that accepts multiple payment methods. You can pay by credit card, MasterCard, Visa, Apple Pay, Bancontact, and more.
You also agree that your payment information will be transferred to their databases only to process the payment of your order.
This data is protected by the Patriot Act, as STRIPE is based in the United States.
Disputes relating to this payment solution may incur additional charges if the product is received during the dispute period.
You will also need to return your order to us following the refund within 14 days via this payment method.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Article 8A - Legal guarantee
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The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared. Where 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 legal guarantee is applicable to this digital content or this digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared. The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods. The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without any major inconvenience to them. If the product is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods. The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund upon return of the goods, if: 1° The professional refuses to repair or replace the goods; 2° The repair or replacement of the goods takes place after a period of thirty days; 3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good; 4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity. The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction in price or termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand. The consumer is not entitled to cancel the sale if the lack of conformity is minor. Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property. The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the consumer code. A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover ( Article L. 241-5 of the Consumer Code ). The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the civil code , for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund upon return of the good. |
ARTICLE 9 – USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ARTICLE 10 – PERSONAL INFORMATION
Your submission of personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
10A - DATA NECESSARY FOR PROCESSING THE ORDER
No data will be transferred, given, or shared with any third party except our suppliers in order to ensure the optimal processing of your order and exclusively for this purpose, the data is deleted from their databases as soon as the items are sent.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Service, any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Guappaa, affiliated companies, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any service or product procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 13 A - RETURNS
Submit a return request
Click the profile icon in the store menu, or go to the refund policy or a return page, then request a return.
1. Log in to your account.
1. In the field, enter your email address, then click validate.
2. In your email account, open the email sent from our store and copy the six-digit verification code included in the email.
3. Return to the online store and enter a six-digit verification code.
2. Click on <<Request a Return» for the order for which you wish to send the return.
3. If your order includes more than one item, select the ones you wish to return.
4. Select a return reason and add a note for the store.
5. Click on “Request a return”.
If your return request is approved and requires shipping, you will receive an email with shipping instructions. Once the product is returned, you will receive a refund.
In the case of a first return and for keeping the order open and of the same or higher value, this is free , a shipping voucher generally in Mondial Relay or Relais Colis will be provided to you and you will be asked to drop it off at the relay or pick-up.
Otherwise, upon request for reimbursement, you will be charged the weight of the original shipment at the individual rate.
You may be required to edit the Colissimo return label in certain cases or in the case of multiple returns. Colissimo returns must be edited by you with tracked delivery to a mailbox without a signature only; edit this directly online on the La Poste website. You will receive instructions following your return request.
Only returns from mainland France will be free. All other returns will be billed based on weight and via Colissimo International.
Please do not return your purchase without information, it will be returned to you.
Our policy lasts 14 days. If 14 days have passed since you received your product, unfortunately we cannot offer you a refund, exchange, or voucher.
If you wish to cancel your purchase during the 14-day cooling-off period after receiving your product in accordance with law art. L. 121-20 of the Consumer Code, you can benefit from a refund on your original means of payment or with your explicit agreement in the form of a purchase voucher or item of the same value and by notifying us of this with the standard form or on plain paper and sending it to us by e-mail, to be completed with your information as precisely as possible.
To be eligible for a return, your item must be unused, in the same condition you received it, clean and new.
It must also be in the original packaging, itself in new condition, undamaged and untorn. If possible but not obligatory, keep the outer packaging with the original shipping label for easier return shipping; no need to create packaging.
There are certain situations where only a partial or no refund is granted : (if applicable)
* Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
The rest of the items for sale on our site also have the same level of requirement for a return, namely, an item in new condition.
Refunds (if applicable)
Once we receive and inspect your returned item, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If your request is approved, then your refund will be processed and a credit will automatically be applied to your credit card or original method of payment with the price of the product and shipping costs, within a certain number of days, up to 14 days depending on the cancellation date or a voucher according to your wishes, an exchange is also possible, all you have to do is notify us as mentioned above (see also the end of the returns section)
Late or missing refunds (if applicable)
If you haven't received your refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next, contact your bank. There is often some processing time before a refund is posted.
If after completing all of these steps you still have not received your refund, please contact us at
info@guappaa.com
Exchanges (if applicable)
We replace an item if it is defective or damaged, or if you want a new size. If you would like to exchange it for the same item, please email us.
Non-compliant product
Any return that is "non-compliant" will be refunded at the Colissimo return value according to the weight, any excess packaging or weight will not be taken into account, weigh your items carefully before sending, the signature option is also not taken into account in the cost of the refund.
Restocking Fee
A contribution to the restocking costs will be deducted for any return in an opened and/or non-new condition from your refund, excluding returns for non-compliance:
10% of the price of the used item.
These costs are calculated per used product.
This is to refurbish your returns to always satisfy our customers more!
Depending on where you live in the world, the time it may take for your exchanged product to reach you may vary, up to 30 business days.
If you are shipping an item over 75 euros, you should consider using a trackable shipping service or purchasing shipping insurance. We don't guarantee that we will receive your returned item.
Guarantee of conformity
All non-compliant products meeting the legal guarantee according to article 1641 and following of the Civil Code may be returned at our expense with full reimbursement of the outward costs, the product and return costs.
Your return will be treated with care, thank you!
Any return requested contrary to our conditions and outside French law will not be accepted.
Items accepted for return if the packaging is closed with the seal intact if visible and for hygiene reasons:
Briefs, thongs, lingerie containing stockings. Erotic outfits, erotic toys and accessories, harnesses, swimwear, and any item that comes into contact with intimate areas.
Article L221-28 of the Consumer Code
The right of withdrawal cannot be exercised for contracts:
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
Any packaging or seal that has been unsealed will not be accepted for these items.
ARTICLE 14 – COMPENSATION
You agree to indemnify, defend and hold harmless our company, affiliates, partners, contractors, licensors, service providers, subcontractors, suppliers, from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your violation of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this Agreement for all purposes from the day following the day of receipt of the item and for 14 calendar days.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).
ARTICLE 16A - NON-PAYMENT OF INVOICE
Any purchase not paid for after placing the order will be subject to an increase of 3x the legal late payment interest rate of the ECB.
You agree to pay the amount when you check out online.
For any professional, in addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically result in the payment of a fixed compensation of 40 euros due for recovery costs (Art. 441-6, I al. 12 of the Commercial Code and D. 441-5 ibid.
ARTICLE 17 – ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any other policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
ARTICLE 18 – APPLICABLE LAW
These General Conditions of Sale and Use, as well as any other separate agreement through which we provide you with Services will be governed by and interpreted in accordance with the laws in force in France.
ARTICLE 18A - EUROPEAN ONLINE DISPUTE PLATFORM
You can make a complaint if necessary on the European online platform on the European Commission website
The electronic link to the European online dispute resolution platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&Ing=FR
ARTICLE 19 - MEDIATION
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, our company has set up a consumer mediation system. The selected mediation entity is: CNPM - MEDIATION - CONSOMMATION. In the event of a dispute, you can submit your complaint on its website: http://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSOMMATION -27 Avenue de la Libération 42400 SAINT-CHAMOND
ARTICLE 19 – CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE
You can review the most recent version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
PRIVACY STATEMENT
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ARTICLE 1 – PERSONAL INFORMATION COLLECTED - GDPR
When you make a purchase from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address and only this information is used to process your order.
No information is sold, transferred, or given to anyone by Guappaa; only information useful for processing your order is kept.
If you would like to obtain a report on the data stored or delete it from our database, nothing could be simpler:
Contact us at info@guappaa.com
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
In France, personal data is protected by Law 78-87 of January 6, 1978, Law 2004-801 of August 6, 2004, Art. L 226-13 of the Penal Code and the European Directive of October 24, 1995.
ARTICLE 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How can I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at info@guappaa.com or by mail at: Guappaa 21 rue du Rhin 67115 Plobsheim, France
ARTICLE 3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
ARTICLE 4 – ACCOMMODATION
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored in Shopify's data storage system and databases. Your data is stored on a secure server behind a firewall.
Payment:
If you choose a direct payment gateway to complete your purchase, Shopify stores your credit card information. This information is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction information is stored only as long as is necessary to complete your order. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more information, please see Shopify's Terms of Service here or Privacy Policy here.
ARTICLE 5 – SERVICES PROVIDED BY THIRD PARTIES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies carefully so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store's website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website's Terms of Service.
Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
ARTICLE 6 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
COOKIES
Here is a list of cookies that we use. We have listed them here so that you can choose whether you want to allow them or not.
_session_id, unique session identifier, allows Shopify to store information about your session (referrer, landing page, etc.).
_shopify_visit, no data held, persists for 30 minutes from the last visit. Used by our website provider's internal stats tracker to record the number of visits.
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day. Calculates the number of visits to a store by a unique customer.
cart, unique identifier, persistent for 2 weeks, stores information about your shopping cart.
_secure_session_id, unique session identifier
storefront_digest, unique identifier, undefined If the store has a password, this is used to determine if the current visitor has access.
Google Analytics immediate advertising analysis service that does not store your data for more than 24 hours
ARTICLE 7 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
ARTICLE 8 – CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at info@guappaa.com or by mail.
[Re: Privacy Standards Officer]
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The collection and processing that we carry out is carried out in compliance with the legal framework in force applicable to the protection of Personal Data and in particular, European Regulation 2016/679 of April 27, 2016, (hereinafter the “ Regulation ”).
This Personal Data Protection Policy therefore aims to present to you in more detail our approach to your Personal Data, to explain to you the cases in which we collect it, the reasons justifying this collection and what we do with it.
Guappaa implements measures to guarantee the confidentiality, security and integrity of the client's personal data, and undertakes that its service providers to whom it subcontracts certain services guarantee this.
When:
When you use our Site and our services, we collect and process your Personal Data.
In accordance with our Terms of Service, your personal account data is protected.
The Personal Data collected by guappaa concerns the following data:
Guappaa only processes your Personal Data within the following legally authorized framework:
This processing and the terms governing its communication are implemented to meet the requirements of the European Payment Services Directive.
For the purposes of processing linked in particular to the creation of your customer account, and the history of your transactions carried out on the Site, your Personal Data is kept as long as you are an “active” customer and for a period which may vary (legal obligation, contractual obligation or legitimate interest). In all cases, your personal data is kept for a maximum period of (10) ten years in compliance with legal obligations, for the purposes of invoicing, accounting and tax processing.
We do not share your Personal Data with third parties outside of the supplier services duly authorized to process your Personal Data as part of order preparation.
However, we may be required to transmit your Personal Data to duly authorized external service providers.
You have a right to information, as well as a right of access, rectification, limitation, opposition, erasure, deletion and portability of your Personal Data, which you may exercise for legitimate reasons, and subject to compelling legitimate reasons that Guappaa may justify for retaining your Personal Data.
You have the right to request:
Access and rectification of your Personal Data. Please note that you can view and modify your personal information at any time in the “my account” section.
Limitation of processing of your Personal Data.
It is important to note that this right only applies if you have a legitimate reason to do so. For example: contesting the accuracy of your Data, defending or exercising your rights in court.
The deletion of your Personal Data.
Please note that deleting your customer account data will result in the deletion of your data and accounts.
Once your single customer account is deleted, you will no longer be able to:
To exercise your right to object with regard to processing used for commercial prospecting purposes.
If you are concerned by prospecting:
To exercise your right to portability .
The withdrawal of your consent .
Please note that withdrawing your consent, which you can do at any time, will not affect the lawfulness of processing carried out before its withdrawal.
You also have the right to formulate post-mortem directives concerning the retention, erasure and communication of your Data.
To be able to exercise your rights, which you can exercise at any time, your request to exercise them must be sent to us in the following manner:
Requests sent to guappaa must contain your personal information identical to that provided when creating your customer account (last name, first name, email). A copy of proof of identity will be required for processing, in the event of a request sent by post and/or by email address different from the customer account.
We will respond to you within one (1) month of the date of receipt of your request.
Personal Data Protection Officer BIRGEL Benjamin, to demonstrate our commitment to respecting your privacy and your rights over your Personal Data.
In case of complaint you can contact us by email at info@guappaa.com
If you believe that the processing of your data has not complied with current regulations, you can, at any time, lodge a complaint with the competent supervisory authority (in France, the CNIL).
A cookie is a file downloaded to your computer, tablet, or other mobile device when you access a website. This file can be read by its sender for the duration of its validity period. They allow certain features to function (authentication, use of services, on-site display, etc.) and to recognize the device concerned each time it accesses content containing cookies from the same sender. Only the cookies themselves are identified on your device. Your personal data is only recorded when you authorize it or when it is necessary for you to access the services offered.
IP address, date and time of connection, device type, browser used, operating system, your privacy preferences, pages and products viewed.
The Guappaa Site uses two types of cookies:
Our Site uses so-called technical cookies whose sole purpose is to ensure the proper functioning of the Site and provide you with the requested services and displays. These cookies, essential for browsing, the ordering process and the use of our services, are not subject to your consent.
Cookies are also placed to enable us to secure your connection, facilitate your navigation, measure the audience of our website and improve the quality of our services.
However, you can disable cookies at any time using your browser (see below - Manage my cookies)
Or refuse them entry by refusing the provided banner.
Below you will find the cookies used on the Site, as well as the purpose of each of them:
As part of its promotional actions, guappaa has set up a personalized coupon offer.
We therefore analyze your browsing history (purchases, pages visited, products viewed, basket amount, etc.) in order to offer you a promotional offer adapted to your needs.
This offer is materialized by the display of a unique pop-in specific to your history which informs you of the offer from which you can benefit (promotional code, discounts, etc.). Simply click on it to take advantage of it (the amount of the reduction will automatically be applied to your basket).
You are free to refuse this processing at any time by closing the pop-in.
To provide this type of personalized offer, Guappaa uses the cookies listed below:
In order to improve the customer experience on its Site, Guappaa uses third-party technologies and services.
These cookies are placed when you click on the “OK” button located in the information banner that appears when you visit our site. They are placed after your consent and the recording of your preferences in your browser, the banner is then no longer displayed on our Site. You can however withdraw your consent at any time, by clicking on the links below according to your preferences or using your search engine (See below - Manage my cookies).
They are used to present advertisements most suited to your interests, limit the number of times you see an advertisement and help us measure the effectiveness of an advertising campaign. We use the cookies listed below for this purpose.
Cookies that are not necessary for a requested service are stored for a maximum period of thirteen (13) months from the date they are placed on your device. After this period, your consent will be required again.
If you wish, you can allow, block, or delete cookies installed on your computer at any time. To do this, you must configure your browser options or adjust your computer's privacy settings.
We draw your attention to the fact that refusing or deleting our cookies could result in reducing or preventing access to all or part of the services offered on our Site.
Below you will find a summary and information links on how to manage cookies according to your usual browser:
You need to click on the Firefox Menu icon and then on the button Tools , then Options ; in the window that appears, choose Privacy Policy and click on Delete Specific Cookies . Select the cookies you wish to disable and then delete them. To find out more: Enable and disable cookies that websites use to know your preferences
On your computer :
To find out more: Delete, allow and manage cookies in Chrome
On your Android phone :
Clear all cookies
Allow or block cookies (You can allow or block cookies saved by websites.)
On your iPhone smartphone or iPad tablet
Clear all cookies
To find out more: https://support.google.com/chrome/answer/95647?hl=fr&co=GENIE.Platform%3DiOS&oco=1
You must click the button Tools , then Internet Options . Under the General tab, Browsing History, click Settings . Then click on Show files and select the Cookie(s) you wish to disable. To find out more: Delete and manage cookies
On your computer :
You must click the button Settings , then Preferences . In the window that appears, choose Privacy/Security , and click on Show Cookies . Select the Cookies you wish to disable and then click on To erase or on Clear all . To learn more: Manage cookies
On your Smartphone :
Clearing History, Cache, and Cookies
Blocking cookies
A cookie is a small piece of data that a website places on your device so that it can remember you on subsequent visits. To configure settings related to blocking cookies on Safari, tap Settings > Safari , then enable the option Block all cookies . If you block cookies, some web pages may not work. Here are some examples:
To configure basic cookie management settings, click the Opera icon. Then go to "Security." In the Cookies section, set the desired parameters:
Menu for adjusting cookie settings in Opera
Finally, choose whether website cookies should be allowed, blocked, or deleted when closing the browser.
Edge
Delete cookies
Delete cookies from a specific site
You can also disable cookies depending on their purpose.
You can also create lists of opposition to the deposit of cookies via:
The NAI Unsubscribe Platform: http://www.networkadvertising.org/choices/
The EDAA Unsubscribe Platform http://www.youronlinechoices.com
The DAA's unsubscribe platform: http://optout.aboutads.info/?c=2&lang=EN
Please note that Guappaa cannot be held responsible for the content of hypertext links pointing to resources outside the Site.
Phishing is a fraudulent technique used by hackers to retrieve sensitive, personal, and/or confidential information (bank details, identity theft, etc.) from Internet users. To do this, they replicate the design of a website or communications (email) from a legitimate brand.
The most common form remains the sending of an email appearing official and whose content invites the victim to click on a link redirecting to a site also appearing official in order to communicate their confidential information.
Phishers send emails to a large number of Internet users whose addresses have been illegally collected or automatically composed by specific tools. These emails use the official logos and fonts of various companies such as banks, e-commerce sites, or Internet service providers, and ask the Internet user to click on a hyperlink included in the message.
Phishing emails are usually threatening to their victims or contain promises or guarantees.
They often contain spelling mistakes or incorrect information about the customer.
Stay vigilant and contact us if in doubt.
If this is an email from a company of which you are a customer (Guappaa, organization, EDF, etc.):
If you receive an email containing a link to an online form asking you to provide your personal data (email address, password, bank details, etc.), it means that you have received a fraudulent email and that you are facing a fake guappaa.com website.
Guappaa will never ask you by email:
If you receive this type of email, you can block them by configuring your mailbox and move them to junk mail.
Secure your connection with antivirus.
Questions regarding the Terms of Service should be sent to us at info@guappaa.com
Updated on 05/28/2025
