General terms & conditions

Introduction

The website www.generation-pinup.com (hereafter referred to as the “Website”) is an informational and e-commerce website, accessible to all Internet users (hereafter referred to as “Users”). The website is edited by Generation pinup (hereafter referred to as “Generation Pinup”), under sole proprietorship (société individuelle) by Tony Duarte with its headquarters at 384 avenue de la libération – 33110 – le Bouscat, registered with the Trade Registry under the SIRET number 528 076 037 00043 – APE 1392 Z – VAT not applicable article 293B of the CGI.

The Website enables Generation Pinup to sell accessories and vintage objects (hereafter referred to as “Products”), designed and realized by Tony Duarte or his potential commercial partners to web users (hereafter referred to as “User”), using the website. For the purposes of these terms and conditions, it has been agreed that the User and Tony Duarte are collectively referred to as the parties and individually referred to as “Party” and that the User who has purchased a product on the website will be referred to as “Buyer”. The terms and conditions of the User subsequently also apply to the Buyer.

It shall be noted that the Products are only for personal use of the User, without any direct link to his professional activities. With this regard, a User can order only up to five (5) Products of the same reference. In case the order exceeds the before stated amount of five (5) Products, of the same reference, the order cannot be accepted.

The general terms and conditions apply to any country of the European Union and to the rest of the world, except from New Caledonia.

You should understand that by ordering Products on these websites, you agree to be bound by these Terms and Conditions.

By ordering any Product on this Website, you are bound to read and accept the general terms and conditions by ticking the checkbox “I have understood and agreed to the terms and conditions”.

In accordance with the articles 1316 to 1316-4 of the French Civil Code, completed by the decree N° 2001-272 from 30th of march 2001, implementing the article 1316-4 of the French Civil Code, concerning electronic signatures, the fact that the Buyer ticks the checkbox “I have understood and agreed to the terms and conditions”,  means that the Buyer has read and accepts the general terms and conditions and furthermore validates the order form, as indicated in article 3.4 hereafter, and that the electronic signature has the same value, between both Parties, as a manual signature and shall constitute evidence of the integrity of the order and shall give rise to the Buyer being liable to pay the entire value of the order.

The Users can save or print a copy of these Terms and Conditions for future reference, without applying any modifications.

GENERATION PINUP reserves the right to change the general terms and conditions at any time. The terms and conditions that apply are the ones published on the Website at the time of placing the order.

Purpose

These Terms and Conditions determine the rights and obligations of the Parties arising from online sales of Products offered for sale on the Website, and apply, insofar as concerns solely the relationship created via the Internet and exclusively on the said Website.

They cover all necessary steps for placing the order and keep track of this order between the Parties.

The current version of these general terms and conditions applies as stipulated on the Website at the time of placing the order by the Buyer. No other documents or terms shall be binding.

Brands

GENERATION PINUP ® & ST-BARTH PINUP ® are registered trademarks.

Any plagiarism of photos, texts or forms constitutes an act of infringement, punishable by law as per article L.335-2 of the French Intellectual Property Code.

The entire Website is subject to copyright © ®.

Products

The products sold by GENERATION PINUP are those provided on the Website on the day and date on which the User is using the Website and while stock lasts.

In case one of the Products is unavailable, the Buyer shall be informed of this directly on the Website as soon as possible, or per email, if requested by the Buyer.

Photos and and texts illustrating the Products are in no way contractual. GENERATION PINUP cannot be held responsible for any erroneous photographs or texts.

Prices

Prices are stated in Euros, all taxes included and may be changed into dollars. They include any discounts applicable on day of purchase.

Any order placed on the Website for delivery outside France may be subject to additional taxes and customs duties at the final destination. GENERATION PINUP will not check or inform the Buyer of any of these additional taxes and customs duties that may apply.

Valid prices are those indicated on the website at time of placing the order (except in case of error or omission). Our website is automatically updated after each sale.

The rates stated on the Website do not include any shipping costs. When applicable, they will be invoiced in addition and stated on the order summary, before final confirmation of the order.

GENERATION PINUP reserves the right, which the User hereby accepts, to modify its prices at any time but the Products will be invoiced on the basis of the prices in effect at the time the order is registered, subject nonetheless to availability of the said Products.

Navigating the Website

The User is free to discover the different Products offered for sale by GENERATION PINUP on its Website.

The User is free to navigate between the various Web pages on the Website without any obligation to make any purchase.

Registering the order

If the User wishes to make an order, he or she selects the various different Products in which he or she is interested and makes such interest clear by clicking on the “Buy Now” button.

At any time the User may:

– Obtain a summary of the Products selected or alter his/her order by clicking on “my basket

– Continue or modify his or her Product selection by clicking on “my basket

Complete his or her Products selection  and place an order by clicking on “Order Now” For placing the order, after having confirmed his or her ”basket”, the Users must identify themselves:

By entering their email address and password if they already have a User account with GENERATION PINUP. The User is hereby informed and agrees that entering any identifying information serves as proof of identity and represents consent to placing the order.

Otherwise, the User must accurately fill out the form with the information required to identify him or her, including his or her first and last name and mailing address, telephone number.

In the latter case, the User will be able to create a User account (by entering a password of his choice that will be personal, confidential and necessary to identify on the Website) where he will be able to track his order only by using the tracking link provided in the email confirmation sent to the email address provided by the User.

Once the User has created a User account, he will enter and confirm his delivery address. Then an order summary will appear on screen, summarizing: nature, amount and price of Products chosen by the User, the total amount to be paid for the purchase, shipping costs, the User’s contact details and shipping address.

Special offers

In order to benefit from any special offer that has been sent to the User per postal mail or email, or that is available on his User account or associated to the Products in his basket, the User must, according the the type of offer:

Enter and confirm his “promotional code” in the according field in his basket of the Website

Reach the number of Products needed and/or the total price of his basket required to benefit from the discount.

Any special offers that are offered without any condition, will be directly shown in the basket.

Registering the order

After the User has read the order summary and filled in all the required information, a summary of this information and the order will appear on the screen.

After acknowledging the summary, and before payment, the User will accept these general terms and conditions of sale, which the User will confirm by ticking the checkbox provided therefore.

In order to access the secured payment, the User must select the type of card used for payment in order to finalize his or her purchase. The User must enter the card number, expiration date, and the CVV code of the card.

The server of the secured payment platform is secured via SSL (Secure Socket Layer) encryption to protect all payment-related data as effectively as possible, and the User’s banking information will never pass through Shopify’s information system. It can thus not be held liable.

Once the payment is confirmed, the order is registered and becomes irrevocable. The order form is registered in GENERATION PINUP’S computerized records (which are themselves stored on a durable reliable back-up support), and will be deemed to be proof of the contractual relationship between the Parties.

The Buyer has fourteen (14) working days to inform Generation Pinup of their desire to withdraw the order and be reimbursed. This period begins on the day the Products are received by the Buyer.

Confirming the order

An onscreen order summary will be shown once the order is registered.

This confirmation will summarize all information that constitutes the contract generated between both Parties.

An order summary, functioning also as acknowledgement receipt, will be sent to the email address entered by the Buyer as part of his or her identifying information. This email will contain the tracking link that will enable the Buyer to track his order.

If the Buyer has registered the order via his User account, he or she can track the order via his account and access his entire information by clicking on “My Account” and identify with his email address and password.

Gifts

The Buyer may purchase gifts for friends through the Site. The ordering procedure is the same as the one followed for personal purchases.

Delivery

GENERATION PINUP will do its best to ensure that your products are dispatched under the best conditions. The products are placed into suitable packagings and insured at their value against the usual transportation risks.

From Monday to Friday, your order is dispatched within an average timescale of 48 hours from the time the order is confirmed and paid for.

Depending on the countries to which the goods are delivered, the shipping delay may vary from three (3) to (20) days depending on the delivery service that has been chosen.

As per the value of the purchase, Generation Pinup uses 7 delivery methods besides UPS, FEDEX and DHL:

Colissimo Priority, Colissimo Economy, International shipping, USA international shipping, Chronopost and special shipping Dom Tom.

Depending on the value of the order and the shipping method, the recipient’s signature may or may not be required upon delivery of the parcel. In case a signature is required and the recipient is absent, a notification is left in the letter box. Starting from the date mentioned on the notice, the recipient has fifteen (15) days to pick up the parcel at the nearest post office. The Buyer can track his “Colissimo” or “Colis International” parcel on the website of Chronopost or La Poste by using the tracking number provided in the confirmation email received upon order confirmation.

Shipping cost by country

Countries to which goods are delivered: Metropolitan France, including Monaco, French Overseas Departments and Territories (Guyana, Guadeloupe, Martinique, Reunion) and all other countries worldwide.

Countries to which goods are delivered with an additional charge:

French Polynesia, New Caledonia, Wallis and Futuna, French Southern and Antarctic Lands

Delay / non-delivery

Colissimo and Chronopost are very reliable services. However, as for any shipment, it is possible that there could be a delay in delivery or that the product is lost. If there is a delay in delivery (more than 6 days from dispatch of the order for Chronopost or more than 11 days from dispatch of the order for Colissimo ), the Buyer must inform GENERATION PINUP Customer Services: Please click here.

GENERATION PINUP will send the information to La Poste to trigger the start of an investigation. This may take up to 21 days from the date of beginning of the investigation. If the product is found during this investigation, it will immediately be redirected to the address of the Buyer (in most cases). If on the other hand the product is not found by the end of the 21 days of investigation, La Poste will consider the parcel to be lost. If this is the case, GENERATION PINUP will send you a replacement product at its expense. If the lost product(s) are no longer available at this time, GENERATION PINUP will reimburse you for the cost of these products. GENERATION PINUP takes no responsibility for extension to delivery times due to the carrier, particularly in cases of loss of products or strikes.

Recept of the order

When receiving the order, the Buyer check the conformity of the Products received in execution of his or her order. Any anomaly relating to delivery (damage, non-conformity, product mentioned on the delivery form missing, damaged parcel, broken products, etc.) is noted on the delivery form as “handwritten reservations” accompanied by the signature of the Buyer. The Buyer must confirm this anomaly by sending the carrier a Special Delivery letter detailing the said claims within two (2) working days following the delivery date. The Buyer must send a copy of this letter by email contact(at)generation-pinup.com.

Except if there is a legitimate reason, any claim not brought to GENERATION PINUP’S attention within 21 days following the day of reception of the Products will be considered as inadmissible and GENERATION PINUP. Will be free from any and all liability in that respect.

GENERATION PINUP reserves the right to ask the Buyer to send the non-conform or damaged Product back.

In case of abnormal or abusive returns, GENERATION PINUP reserves the right to refuse to honor a later order.

Fraud prevention

In order to protect our clientele from possible fraudsters, GENERATION PINUP. Reserves the right to perform checks on addresses and identity for some orders. The aim of these checks is to verify the compliance between the identity of the cardholder and the identity of the buyer and his/her billing address.

GENERATION PINUP wishes to ensure that the client is truly the person placing the order and not a fraudster who has wrongfully obtained these bank details. In this context, Generation Pinup. Reserves the right to set up a 3D-Secure security device.

Other shipping services at the current rates: UPS, Fedex and DHL.

Right of withdrawal

In accordance with the law of 17 march 2014 on consumer protection and the directive of the European Parliament and of the Council on consumer protection,  the Buyer is entitled to a delay of fourteen (14) clear days counting from the date he/she acquires physical possession of the Products to exercise his/her right of withdrawal, without giving any reason.

The Buyer notifies GENERATION PINUP his/her decision to withdraw by way of an unequivocal statement addresses by email contact(at)generation-pinup.com.

GENERATION PINUP will send him/her without delay by email an acknowledgement of receipt of the withdrawal.

Within a delay of 14 days at the most, added to the 14 days of withdrawal period, The Buyer will have to return the Products, at his/her own expense, in their original packaging and packing and as new (unworn, unwashed, with their label and materials tag intact), along with a copy of the invoice to the following address:

GENERATION PINUP Tony Duarte – 384 avenue de la libération Charles de Gaulle – Résidence Didier Daurat – Entrée E – 33110 – le Bouscat

Without undue delay and in any event not later than fourteen (14) days from the day on which he/she has communicated his decision to withdraw.

The Buyer shall not be liable for any diminished value of the goods resulting from the handling of the goods necessary to establish the conformity of the Products to his/her expectations.

Upon fulfillment of the above conditions, GENERATION PINUP will reimburse the amounts paid by the Buyer (including delivery charges) without undue delay and in any event not later than fourteen (14) days starting from the date the Buyer has notified GENERATION PINUP his/her will to withdraw his/her order.

GENERATION PINUP may withhold the reimbursement until reception of the returned Products or until the Buyer has supplied evidence of having sent back the Products (by scanning the sending evidence document and sending it by email contact(at)generation-pinup.com), whichever is the earliest.

GENERATION PINUP will proceed with the reimbursement using the same payment method as the one used by the Buyer for the initial payment, unless the Parties agree on a different payment method. In any event, the Buyer will not bear any expenses due to this reimbursement.

Guarantees

All our products benefit of a legal guarantee, abiding that the use of said products was normal and that instructions be adhered to.

Article L211-4 of the French Consumer Code

The vendor is obliged to deliver goods that are in adherence to the contract and to answer to defects that do not adhere to conformity existing when said product is delivered.

Article L211-5 of the French Consumer Code

To conform to the contract, the goods must:

1) must be suited for the habitual type of usage expected from a similar good:

2) Correspond to the description given by the vendor and possesses the quality that the aforementioned presented to the buyer in sample or model form;

3) Present the qualities that a buyer could legitimately expect and in relevance to the public declarations made by the vendor, by the producer or by their representative, notably in advertisements or labeling;

4) If a Product has a defect, the Buyer has fourteen (14) business days from the date of delivery of the Product, to formulate and describe precisely on the return notice the potential anomalies he/she may have noticed (damaged product).

The package, together with the return notice duly filled, shall be sent, sufficiently stamped, to:

GENERATION PINUP Tony Duarte – 384 avenue de la libération Charles de Gaulle – Résidence Didier Daurat – Entrée E – 33110 – le Bouscat

Upon fulfillment of the above conditions, GENERATION PINUP will reimburse the Buyer (using the same payment method as the one used by the Buyer for the initial payment), within thirty (30) days from the date of reception of the package by GENERATION PINUP.

Payment

Payment is made immediately via the Internet, unless the server is unavailable, by means of a credit or bank card issued in France or outside France by Carte Bleue, Visa, Eurocard/Mastercard or American Express, in euros or in dollars.

By PAYPAL account: The Buyer will be automatically redirected to his PayPal account. Once the payment via PayPal in euros or dollars is confirmed, the purchase is settled.

However, GENERATION PINUP reserves the right to refuse any and all orders or deliveries in the event of (I) surpassing the order thresholds indicated herein, (II) ongoing dispute with the Buyer, (III) Buyer’s total or partial non-payment of a previous order, (IV) credit or bank card company’s refusal to authorize payment, (V) non-payment or partial payment. In all these cases, GENERATION PINUP cannot be held liable in any manner.

The bank or credit card payment transaction between the Buyer’s computer and the secured payment system managed by 2CHEKOUT, GENERATION PINUP’S partner for online payment transactions, is entirely encoded and protected using the S.S.L. (Secure Socket Layer) procedures.

GENERATION PINUP does not hold at any time your bank details.

Computerization & personal freedom

This section is dedicated to the privacy policy of the Website. It informs the User of the origin and use made of the information gathered when he or she is surfing on the Website and explains the User’s rights.

Personal information

The personal information concerning Users gathered for online sales is necessary for processing orders and delivery, as well as invoicing. Such information is strictly confidential and is not disclosed to third parties except to GENERATION PINUP subsidiaries. Any missing information will entail the automatic refusal of the order.

In accordance to the Act 78-17 dated 6 January 1978 on data processing, files and individual liberties, any personal information gathered on the Site is registered with the French CNIL (Commission Nationale de l’Informatique et des Libertés, or National Committee on Computerization and Individual Freedoms). The User has a right to access, modify, correct and delete information concerning him or her. To exercise this right, the User must send an email contact(at)generation-pinup.com

Cookies

While visiting the Site, information about the browsing data received from the User’s terminal (computer, tablet, smartphone, etc.) may be stored in “cookies” installed on the User’s device, subject to choices expressed by the User about cookies.  These choices result especially from the User’s browser software settings when visiting the Site, which can be changed at any time. The cookies allow to recognize the device’s browser for the duration of the cookies’ period of validity.

Functions of the cookies issued from the Website

The Cookies issued from the Site are used for the purposes described below:

Compile statistics and traffic volume and measure the use of the various sections of the Site (headings and content visited, click streams), which helps to improve the value and usability of the Site’s services;

Store information contained in any form filled out by the User on the Site (for registration or account access) or relative to any products, services or information chosen by the User on the Site (subscribed service, shopping cart contents, etc.);

Allow the User access to restricted and personalized areas of the Site, such as his/her account, based on user names, passwords and other data the User may has previously given access to;

Implement security measures, such as when the User is asked to log in again to contents or a service after a certain period of time.

Such cookies enable the Site to keep only data of a temporary nature from the current session (articles selected, time spent on the Site, etc.). This information is in no manner associated with an individual User’s name and is not saved from one session to the next.

Web beacons

Some pages of the Website may contain electronic images or “web beacons” that allow counting the number of visitors on the page or the Website, and /or provide GENERATION PINUP with  certain indicators.

These web beacons may be used with some of our partners, in order to measure and improve the visibility of certain pages and, more generally, the efficiency of the Website.

At all events, information gathered by the web beacons is strictly anonymous and serve only to compound statistics on the number of hits on a given page of the site, in order to better serve our Website Users.

Liability

The sole obligation of the GENERATION PINUP Website, concerning Site access, the order process, delivery or later services, is limited to the obligation to provide the means. The Site cannot be held liable for any inconvenience or damage inherent to using the Internet, in particular discontinuation of service, intrusion by an outside party or the presence of computer viruses.

Major force

In the event of total or partial non-performance by GENERATION PINUP of any one of its obligations hereunder, GENERATION PINUP shall incur no liability in connection therewith if such non-performance is due to a force majeure event, recognized as such by French case law.

The cases of force majeure include, in addition to the ones recognized as such by French case law, all natural catastrophes, all acts of war, harm to public order, epidemics, fires, cyclones, hurricanes, floods and other catastrophes, all governmental actions, strikes, lock-outs, as well as electric and technical problems outside of the parties’ influence, preventing from any means of communication.

The Parties agree that they should consult each other as soon as possible in order to determine on a mutual basis how the order should be carried out during the force majeure event.

Should the force majeure event interrupt services for longer than one (1) month, the Parties will be released from their respective obligations.

Entirety of Agreement

These Terms and Conditions of Sale and the order summary sent to the Buyer together constitute the entire agreement between the parties hereto as regards the subject matter hereof. In the event of any contradiction between those documents, the Terms and Conditions of Sale shall prevail.

Applicable law – Jurisdiction

These Terms and Conditions of Sale and the contractual relationship between GENERATION PINUP and the Buyer are governed by the laws of France. In case of French litigation, will exclusively be called upon. However, GENERATION PINUP shall attempt to settle on an amicable basis before any legal action is taken.