This document (General Terms and Conditions of Sale) defines the terms and conditions applicable to sales concluded between, on the one hand, individuals wishing to make a purchase via the La Botte Gardiane website http://www.labottegardiane.com, hereinafter referred to as "the customer," and on the other hand, the company MAG SARL – La Botte Gardiane, located at ZA Lallemande - RN113, 30670 Aigues-Vives, registered with the Montpellier Trade and Companies Register under number B 402 115 422, a limited liability company (SARL) with a capital of €7,622.00, whose intra-community VAT number is FR55402115422, hereinafter referred to as "La Botte Gardiane." These terms and conditions apply exclusively to non-commercial individuals.
1. EXCHANGE, RETURN AND REFUND
Right of withdrawal - Download the form here
Return of a standard item:
In accordance with the law, the customer has a period of 30 clear days to exercise their right of withdrawal from the date of receipt of the goods, subject to compliance with the conditions set out in the paragraph below.
For all exchanges of standard items, please follow this link: https://returns.itsrever.com/labottegardiane
The customer is responsible for return shipping costs for unsuitable items. La Botte Gardiane will cover the shipping costs for any replacement products.
Return of a custom-made item:
For all our custom-made products (boots, ankle boots and sandals), the right of withdrawal cannot be applied, in accordance with the provisions of Article L 222-7 of the Consumer Code as amended by Ordinance No. 2001-741 of August 23, 2001. Withdrawal is specifically excluded (Article 221-28) for contracts for the supply of goods that are clearly personalized or made to the consumer's specifications, including custom-made items, that is to say: all non-standard items and items with specific additions or modifications (wide foot, high instep, particular colors, special soles, etc.).
However, if the fit is unsuitable (size, or problem with the custom sizing option), an exchange is still possible within 30 days. In this case, please contact customer service by email at the address info@labottegardiane.com or by phone at 04 66 73 20 85.
Product condition:
All returned products (shoes, original packaging, accessories, etc.) must be returned in perfect condition. Upon receipt of the package, La Botte Gardiane will assess the condition of the returned merchandise. No returns will be accepted if the returned products have been visibly used or damaged by the customer, and if this use or damage renders the products unsaleable. If the return is refused by La Botte Gardiane, the products will be returned to the customer at La Botte Gardiane's expense, without the customer being entitled to any compensation or refund, except for the subsequent exercise of their warranty rights on the goods sold. Subject to compliance with these return conditions, La Botte Gardiane will process the refund for the returned products within 14 days of the goods being restocked, excluding return shipping costs, in accordance with the law.
In the context of an exchange, the shipping and delivery times mentioned here These terms will apply. If the amount of the customer's exchange order is higher than the amount of their initial order, they must pay the difference by credit card or bank transfer (a special order link will be created and sent to them by email). The customer can also pay by check and send it to the following address: La Botte Gardiane, ZA Lallemande RN113, 30670 Aigues-Vives, France. Shipment of the customer's exchange order is contingent upon receipt of this payment. If the amount of the customer's exchange order is less than the amount of the initial order, La Botte Gardiane will refund the difference.
2. PRICE
All product prices are shown in euros, inclusive of all taxes (excluding EU countries), and include shipping costs for mainland France, Corsica, and Monaco. For other destinations, an additional charge will be applied when the package clears customs; the amount of this charge varies depending on the destination.
La Botte Gardiane reserves the right to modify its prices at any time without prior notice. Products will be invoiced based on the rates in effect at the time the order is placed. Products remain the property of La Botte Gardiane until full payment is received by La Botte Gardiane. Payment is due in full and in a single installment.
3. ORDER
The customer can order online via the website www.labottegardiane.com or by telephone from Monday to Friday from 08:00 to 17:30 at: 04 66 73 20 85.
La Botte Gardiane reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to payment for a previous order or who presents any form of risk in its eyes.
All orders constitute acceptance of the prices and descriptions of the products available for sale. La Botte Gardiane undertakes to fulfill orders received through the website only within the limits of available leather stock and possible restocking. If one or more ordered products are unavailable, La Botte Gardiane will inform the customer as soon as possible. The customer's order will then be automatically canceled and the corresponding amount refunded.
4. SHIPPING AND DELIVERY
Shipping times vary between 2 business days (if the pair is in stock) and 4 weeks . These times depend on La Botte Gardiane's workload and the speed of restocking with raw materials from its suppliers (especially leather). The average shipping time is 3 weeks from order confirmation. We remind you that all our products are entirely made in France in our workshop, except for leather care products.
- For mainland France, Corsica, and Monaco: parcels are shipped either via Colissimo Tracking or DPD, with delivery to the selected pickup point. Delivery is guaranteed within 48 hours.
- For Europe and the French Overseas Departments and Regions (DOM): your parcel will be shipped either via La Poste (Colissimo International/Overseas with proof of delivery) or via DPD. The average delivery time is 8 business days.
- Outside Europe and for French overseas territories: parcels are shipped via La Poste (Colissimo International with proof of delivery). The average delivery time is 6 to 18 business days depending on the destination.
Outside mainland France, including Corsica and Monaco, a surcharge will be applied for delivery charges. The amount of this surcharge will be determined based on the destination.
If paying by check, the order will only be processed upon receipt of the check. Consequently, the applicable delivery times begin from the day the check is received.
If the agreed shipping timeframe is exceeded (minimum 4 weeks after payment), the customer may cancel their order and receive a refund, including for personalized orders. La Botte Gardiane commits to refunding the buyer within a maximum of 14 days.
5. PAYMENT
- By bank card: Visa, MasterCard, Carte Bleue
- By bank transfer
- By bank check from a bank based in France
If paying by check, it must be drawn on a bank located in metropolitan France and made payable to La Botte Gardiane. It should be sent to La Botte Gardiane, Customer Service, ZA Lallemande RN113, 30670 Aigues-Vives, France. Products ordered that are in stock are reserved for 10 days from the order date. After this period, if the corresponding check has not been received, the ordered product will be returned to stock.
Payment is made upon receipt of the check.
Payment is validated upon receipt of the check and upon receipt of the additional information requested in the case of payment by bank card requiring further verification.
6. CUSTOMER SERVICE
For any information or questions, La Botte Gardiane can be contacted primarily by email at the following address: info@labottegardiane.com , by phone from Monday to Friday from 8:00 a.m. to 5:30 p.m. at 04 66 73 20 85, by mail to La Botte Gardiane, Customer Service, ZA Lallemande RN-113, 30670 Aigues-Vives.
7. INTELLECTUAL PROPERTY
All texts, comments, works, illustrations, and images reproduced on La Botte Gardiane are protected by copyright and intellectual property rights worldwide. As such, and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorized, subject to any different or more restrictive provisions of the Intellectual Property Code. Any reproduction, in whole or in part, of the La Botte Gardiane website is strictly prohibited without prior authorization.
8. GUARANTEES
All Products for sale on the Website benefit from the legal guarantee of conformity (articles L217-1 et seq. of the Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the Civil Code), allowing you to return Products delivered that are defective or non-compliant.
You are hereby informed that the company La Botte Gardiane, whose registered office is ZA Lallemande RN-113, 30670 Aigues-Vives, is the guarantor of the conformity of the Products to the contract within the framework of these two legal guarantees.
You have two years from the date of delivery of the Product to take action under the legal guarantee of conformity.
In this case, you will be able to choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L217-9 of the Consumer Code.
For contracts concluded on or after March 18, 2016, you are not required to provide proof of the existence of a product defect during the twenty-four (24) months following delivery of the product. For contracts concluded before this date, the defect is presumed for six (6) months.
Please note that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted to you by La Botte Gardiane.
Furthermore, you may choose to invoke the warranty against hidden defects in the item sold, as defined in Article 1641 of the French Civil Code. In this case, you may choose between rescinding the sale or obtaining a reduction in the sale price, in accordance with Article 1644 of the French Civil Code.
9. RESPONSIBILITY
La Botte Gardiane is only bound by an obligation of means for all stages of website access, the ordering process, delivery, customer service, and after-sales services. La Botte Gardiane cannot be held liable for any inconvenience or damage inherent to the use of the internet, including service interruptions, external intrusions, or the presence of computer viruses, or for any event considered force majeure, in accordance with applicable law.
10. PRIVACY POLICY
All personal data provided by the Customer to La Botte Gardiane is processed electronically for the purpose of order processing and delivery. La Botte Gardiane guarantees that all data (surname/first name, email address, telephone number, etc.) is kept internally and will not be transferred under any circumstances without the authorization of the data subject or the consent of the minor's guardian if the data subject is under 16 years of age.
La Botte Gardiane is committed to returning its data to anyone wishing to retrieve it.
Minors under the age of 16 must obtain consent from their guardian to transmit their data. Upon reaching adulthood, data owners can reclaim their data by withdrawing their consent. In accordance with the French Data Protection Act (law no. 78-17 of 6 January 1978, as amended), the processing of the customer's personal data has been declared to the CNIL (French Data Protection Authority), and the customer has the right to access, modify, rectify, and delete their data by contacting La Botte Gardiane, ZA Lallemande RN-113, 30670 Aigues-Vives, France – info@labottegardiane.com
The Customer can subscribe to the La Botte Gardiane newsletter and thus choose to be regularly informed of La Botte Gardiane news. They can unsubscribe at any time by clicking on the link provided for this purpose in each newsletter.
11. MEDIATION
To comply with the provisions of the Consumer Code concerning the amicable settlement of disputes, La Botte Gardiane will soon inform you of the Ombudsman Service to which it is affiliated. After consumers have first contacted La Botte Gardiane in writing, the Ombudsman Service may be contacted for any consumer dispute that has not been resolved.
At the European level, the European Commission provides you with an online dispute resolution platform.
12. ECO-CONTRIBUTION
Since 01/01/2022, Each distributor must have a Unique Identifier (UID) number Provided by Eco TLC-Refashion. This identifier certifies to third parties, including ADEME, that the producer is registered with the eco-organization and is up-to-date with their eco-contributions, as required by Article L. 541-10-13 of the French Environmental Code. Our UDI: FR219218_11HPQI.
