Terms and Conditions (T& Cs) GORALSKA FRANCE SAS
Updated May 13th, 2021
Article 1 – Application
These Terms and Conditions of Sale (hereinafter “T&Cs”) constitute the sole understanding of the commercial relationship between all parties.
The T&Cs are applicable to any order placed through any platform, mobile or digital website or the Customer Relations Centre (collectively any “Sales Channels”) and are intended to define the conditions for concluding and executing any sale of any Product (hereinafter the “Product”) offered by the company Goralska France SAS (hereafter “Goralska” or the “Seller”), via the Goralska website (hereinafter “the Website”) accessible at the address www.goralska.com, or through any official mobile or digital application, owned and operated by the company Goralska France SAS.
The validation of an Order (hereinafter the “Order”) by the Customer (hereinafter the “Customer”), by completing all the stages of purchasing of one or more Products, implies express and unreserved acceptance of these Terms and Conditions of Sale communicated to the Customer prior to the validation of his/her Oder by the Seller.
Article 2 – Legal information
The Products offered for sale are the property of Goralska France SAS, a Simplified Joint-Stock Company with capital of Euros 100,000, registered in Paris at the Trade and Companies Register, No 534290705. The Registered office is located at No 63, avenue des Champs-Elysées, 75008 – PARIS, France. The VAT No is FR 89 534 290 705. The telephone number: +33 (0)1 44 54 83 87. The e-mail: firstname.lastname@example.org
The website content is written by Goralska and belongs to Goralska. The website host is :
Centre d’affaires de la Tour d’Asnières
Hall A, Etage 8
4 Avenue Laurent CELY
92 606 Asnières Cedex
the Publishing Director Mr Michael Clement
Article 3 – Requirements to validate an order (Requirements to place an order)
By clicking the link « I have read and accepted the T&Cs » by selecting the option «I have read and accepted the T&Cs», the Customer guarantees:
- To be a physical person
- To be of the legal age required by the regulations of his/her country [or origin of where the client is geographically located when making the purchase] to make the contract*
- To have full legal capacity to make a contract*
- To assert his/her consent to become a Customer of Goralska and to create a Customer Account
- To have a delivery address in one of the countries quoted in Article 6
- To have read and accepted the whole content of these T&Cs.
* Should the Customer not being of the legal age required by the regulations of his/her country to make a contract, or if for any other reason the Customer does not have the full legal capacity to enter into a contract, one of his/her legal representative must validate the Order on his/her behalf. The legal representative will then be required to endorse the T&Cs.
Article 4 – Enforceability of the T&Cs
The T&Cs are accessible from the hyperlink [to be added here] inserted at the bottom of each page of the Website or Applications (Apps) and can be saved and/or printed by the Customer at any time for safe keeping.
The T&Cs applicable to the Order are those brought to the attention of the Customer by Goralska during the Order validation process and accepted by the Customer, this acceptance being formalised by clicking on the link “I have read and I accept the T&Cs” and by ticking the box “I have read and I accept the T&Cs”. Should the customer omit to accept the T&Cs, the latter will be unable to finalise the Order through Distance Selling Channels.
Sales made through physical points of sale (such as through Goralska stores) or through third parties (such as authorised resellers) are not subject to these T&Cs.
The customer is informed that Goralska may be required to modify and update its T&Cs. It is therefore up to the Customer to be aware of the applicable T&Cs before their acceptance for each new Order. Any new version of the T&Cs will take effect immediately on the date of their publication and will govern any Order for Products or Services made from that date. Any modification made to the T&Cs after an Order has been placed and confirmed, will have no consequence on the said Order, nor on the relationship between Goralska and its Customer for this Order, unless required by applicable law.
In the event that any of the clauses of these T&Cs would be declared void under a rule of law, a law in force, or a final decision of a court, it will be deemed unwritten but will not invalidate the rest of the clauses of the T&Cs, which will remain fully applicable.
The fact that one of the Parties does not invoke a breach by the other party of any of the obligations referred to in these T&Cs, will in no way result in the waiver of the obligation in question for the future.
The T&Cs are available in French and English languages. In the event of a dispute concerning the interpretation, application, execution or any other issue relating to these T&Cs, the Customer is fully informed and accepts that only the French language version of the T&Cs will prevail.
Article 5 – Customer Membership Account
The Customer should note that by placing an Order for a Goralska Product he/she is necessarily required to have a customer account membership set-up. This can be done free of charge by filling in the form provided and completing all the mandatory fields designated by the symbol*. The personal information collected will solely be used for identifying the Customer and preventing fraud.
The setting up of a Customer Membership Account with Goralska, as referenced under Article 3, will help to avoid any deferment, cancellation or duplication of a previously set-up Client Membership Account with Goralska.
Once completed, and if the e-mail address given is valid and not used for another account, the Customer will receive an e-mail confirming his/her membership. The Customer can then place an Order.
The Customer with his/her Customer Membership Account can at any time;
- View and/or modify their personal information – method of payment
- Refer back to the history and details of their Orders
- Manage exchanges and returns
- Manage their subscription to the Goralska‘s newsletter
- Manage their communication preferences with Goralska; e-mails, text messages, postal mail
- Access their loyalty account as well as the status of their loyalty card.
The Customer accepts to provide Goralska with accurate information and to update this information as and when necessary. This update can be done by connecting to the Customer Membership Account on the Goralska website or from the Customer account tabulation of the app / applications.
The Customer agrees to a strictly personal and non-commercial use of the Goralska website as well as complying with its T&Cs and complying with all the laws and regulations in force in his/her country.
In order, to guarantee the protection of his/her Customer Membership Account and the information stored therein, the Customer undertakes, at the end of each use of his/her Customer Membership Account, to disconnect by means of the link provided for this purpose, and also he/she undertakes to change his/her password regularly and to never communicate his/her identifiers.
Should a misuse of one or the other of both identifiers occurred, the Customer must immediately inform Goralska by way of postal letter to Goralska SAS – 63, avenue des Champs-Elysees, Paris, F- 75008 – France. The access to the Customer Membership Account will then be blocked/frozen.
The Customer can delete his/her Customer Membership Account at any time from his/her personal login and request the removal of his/her personal data by sending a request to email@example.com . However, the deletion of the Customer Membership Account can only be carried out if no Order is in progress and/or there are no Product(s) returns processes outstanding.
Article 6 – Orders
Placing an order to purchase a Goralska Product requires the set-up of a Customer Membership Account (see article 5 – Customer Membership Account)
Orders on the Website are open to Customers living in all countries of the European Union (hereafter referred to as the Territory). Customers living outside the Territory and willing to place an Order should contact Goralska by telephone +33 (0)1 44 54 83 87 between 09:00 and 17:00, Monday to Friday or by e-mail firstname.lastname@example.org
6.1 Stages of the Order
The Customer selects the Product(s) for which he/she wishes to place an Order as follows:
- Select the Product(s) by clicking on the “add to cart” displayed on each Product page
- If applicable, choose and validate any specific requirements such as the finger size, the colour, etc…
- Continue shopping by adding each Product to the shopping cart
The Customer should be aware that adding a Product to the cart does not guarantee the stocks availability, only the final validation of the Order will finalise the sale.
At this stage, the Order is not final, to do this the Customer must validate the summary of his/her Order quoting all the Product(s) previously selected and then finalise the Order by:
- Identifying his/her self with the Customer Membership Account or create one
- Check the list of the selected Products
- Fill in all the information requested for the delivery
- Choose a delivery option from the delivery drop-down menu and if applicable accept the delivery charge
- Read and accept the T&Cs
- Accept the summary of the Order and the total purchase price
- Proceed with the payment
Once the Order has been finalised and the payment accepted, a proof of purchase will be sent to the Customer using the e-mail recorded on the Customer Membership Account
6.2 Customer’s identity
Goralska retains the right to request documents attesting the identity of the Customer, a copy of a bank statement, passport or identity card with a photo, or any other document deemed necessary.
The information provided by the Customer in his/her Customer Membership Account and during the validation process of the Order is the responsibility of the Customer. Any error or oversight in the information provided by the Customer either with his/her identity and address in relation to the delivery address (postal mail address, e-mail address, telephone number) is not the responsibility of Goralska.
In the event of an error in the information provided by the Customer and related to the Order or the Delivery, the Order may remain in force if the Customer does not have, or no longer has, the option of cancelling the Order from his/her Customer Membership Account. The payment will remain due until such time that the Product has been returned and accepted by Goralska under the provisions mentioned in these T&Cs at Article 10.
By placing an Order through the Sales Channels, you (the Customer) assure to being a bonafide Goralska Customer and the final Website user making a purchase for your own use or the personal use of a third party. You (the Customer) assure / guarantee that you will not deliver, sell or distribute Goralska Products nor buy Goralska Products or services for commercial purposes.
Goralska reserves the right, at its sole discretion, to refuse, cancel or terminate one or more Order(s) at any time on reasonable grounds, such as an ongoing dispute concerning the payment of a previous Order, in case of doubt about the identity of the Customer, in case of suspicion of fraudulent activity(ies) or in case of any violation of these T&Cs and Website Use Terms.
The Customer will then be informed by e-mail or by postal mail of the cancellation of his/her Order.
Article 7 – The Product, the Price and the Stock Availability
7.1 The Product
The Customer is informed that while Goralska makes every effort to ensure that its Website catalogue is as precise and as faithful as possible; it should be noted that the manufacturing of Goralska Products remains a craftsmanship method. The weight of the stones may vary slightly as well as the weight of the gold used during the creation of the Product.
In addition, and with the aim of presenting the details of the Products, some of them may appear larger or smaller than their real size. The same applies to the colour of the Products, which may also vary depending on the inherent characteristics of the stones or materials used. Possibly, the device used by the Customer to connect to the Website may also alter the real representation of the Products. The photographs of the Products are for sole representation purpose. The photographs have no contractual value and cannot commit Goralska.
7.2 The price
Unless otherwise stipulated, the price of each Product displayed on the Website is quoted in Euros currency and includes the French Value Added Tax applicable to these Products on the day of the Order. Shipping costs are not included in the price displayed per Product. If a change of price should occur, either an increase or a decrease, the Seller will inform the Customer for a final approval of the Order according to the new pricing. If the Customer declines the updated pricing, the Order will be cancelled.
The Customer is informed that due to the nature of the Products, it is possible that the Purchase Price varies compared to the Price displayed when the latter was added to the shopping cart, due to the daily variation of the price of commodities such as gold and stones. Adding a Product in the shopping cart does not in any way ensure that the price of the Product will remain the same while the sale transaction is being finalised.
Goralska retains the right of freely modifying the Products’ prices displayed on the Website for future Orders, without notice and without justification.
The Purchase price of a Product is only set by the final approval of the Order summary and the resulting payment. In the event of a payment declined and/or the deferral of the Order, Goralska under no circumstances will be able to guarantee the Customer an identical Purchase price.
Delivery charges are displayed on the Product pages and will only be added to the Product Purchase price once a delivery option will be chosen. A summary of the delivery charges will be provided before confirmation of the Order and will be quoted in the confirmation e-mail sent to the Customer by Goralska.
A VAT refund mechanism is available to the Customer who requests it. It implies the delivery of the Product to particular countries of the European Union while the Product is then exported (taken) outside the European Union. Certain conditions applies for such mechanism and should be requested within thirty (30) days at the latest from the delivery. There is no VAT refund for Customers from the European Union. For further information, please contact our Customer Service on + 33(0) 1 44 54 83 87 between 09:00 to 17:00, Monday to Friday or by e-mail: email@example.com
Should the Customer resides outside France, additional taxes and/or custom duties related to his/her status as an importer may apply.
Goralska ensures that the Product prices and delivery costs are regularly updated and accurate while uploaded on the Website. However, despite reasonable efforts, it is always possible that the Price of some of the Products presented through the Sales Channels and/or the delivery costs are not exact. If the Price of an ordered Product and/or the delivery costs indicated are incorrect, the Seller will contact the Customer as soon as possible to inform him/her. If the Seller in unable to contact the Customer using the contact details provided by the latter, the Order will be cancelled and the Customer will be informed in writing. In the event that an Order containing an error in Price and/or delivery costs, has already been accepted and processed, the supply of the Product may be cancelled and a refund of the sums paid will be made to the Customer.
Any modification made to the law inforce between the date of validation of the Order and the date of shipment of the Product ordered, may result in a modification of the taxes related to the Order, if applicable. If the modification results in an increase in the taxes invoiced, the Seller will contact the Customer to notify him/her and obtain his/her confirmation of the new pricing of the Order. In the event of a refusal, the Order will be cancelled and any sum paid will be refunded to the Customer.
7.3 Stock availability
The Products for sale and their prices are valid while stocks last. If the Product ordered is no longer available and in stock, Goralska undertakes to inform the Customer as soon as possible of a new delivery time to ensure the creation of the Product. The average time to replenish a Product is between six (6) to eight (8) weeks.
Goralska reserves the right to cancel all or part of an Order in the event of a failure by its suppliers preventing it from fulfilling the Order as well as in the event of a force majeure. The Customer will be informed as soon as Goralska is made aware of such situation and the sums paid for the Product and the delivery costs will be reimbursed back to the Customer. Should Goralska and its suppliers have an alternative replacement option, Goralska will then contact the Customer to obtain his/her consent.
Some Products displayed on the website are not sold directly online or through the app. Any Customer who is interested in one of these Products, should contact Goralska on +33 (0) 1 44 54 83 87 between 09:00 and 17:00, Monday to Friday or by e-mail firstname.lastname@example.org.
Article 8 – Payment
Order payments are done on the Website or on the App, in Euros. No other currency will be accepted.
The available methods of payment are:
- For the credit cards: Carte Bleue, Visa, Eurocard, MasterCard, American Express
- Bank transfer: for this method of payment please contact Goralska on +33 (0) 1 44 54 83 87 between 09:00 and 17:00, Monday to Friday or by e-mail email@example.com. The Order will be acknowledged by Goralska once the bank transfer sum has been credited to the Goralska account and within a maximum period of seven (7) days from placing the Order. The date of acknowledgement of the Order will then be backdated to the date upon which the funds were credited to Goralska‘s account.
- By Bank Cheque form a French Bank: to the payee Goralska France SAS and sent to Goralska France SAS – 63, avenue des Champs-Elysée – F-75008 Paris, France – The Order confirmation and the Customer’s full contact details should be written on the back of the cheque.
- By Crypto currency
The Products remain the exclusive property of Goralska until such time as final approval of the payment process by the Customer on the Website has been made and the funds have been received by Goralska. No shipment will be made prior the receipt of the entire payment owed by the Customer.
All the information related to the payment made by the Customer is not managed nor recorded by Goralska’s IT servers. The Customer payment process is redirected to Goralska’s bank which is the provider of the online payment process and as such manages and ensures the webpage to which the Customer is redirected while accepting the payment. Goralska regularly checks with its banking service provider that all security standards for internet payments are installed (connected) and up to date.
Article 9 – Delivery and Shipping Policy
For in-store collection or home delivery, please contact us on + 33 (0)1 44 54 83 87 or e-mail: firstname.lastname@example.org.
Goralska organises all of its Order deliveries with professional carriers guaranteeing the highest standards of quality and security.
The shipping costs to the Customer during an Order vary according to the place of delivery and the delivery option chosen by the Customer. The shipping costs can be viewed at any time from the “Calculation of shipping costs” page, accessible from the Website or the App. Delivery costs are added to the Price of the Products being purchased according to the T&Cs quoted under Article 7.2 above.
All orders are prepared and checked manually by the Goralska team before dispatch and aim to comply with the highest quality and standards. Goralska will not dispatch the Order until full payment of the Order has been received.
Deliveries are only made within the geographical perimeter of the Territory defined under Article 6 above and can only take place between Monday to Saturday, excluding public holidays. In the event that the delivery period expires on a public holidays, it will then be postponed to the next working day.
Any incomplete delivery address could prevent the delivery of the Order to the Customer and may lead to additional clarifications being required from the Customer. Any delay in the delivery of an Order, due to an incomplete address, will not be the responsibility of Goralska.
Any delays in the delivery of the package will not entitle the Customer to claim damages.
Upon receipt, and before acceptance of the delivery by the carrier, the Customer is obligated to check the condition of the package. In the event that the package is damaged, or in the event of a doubt as to its condition, the Customer must immediately mention it to the carrier, possibly refusing to take the delivery. Otherwise and in the event of acceptance of the delivery, the Customer must immediately and at the latest within 48 hours convey his/her concerns by contacting Goralska by all means available to them, submitting any difficulty related to the delivery and/or to the condition of the Product and/or in the event of a missing Product.
Upon delivery, the Customer will need to declare acceptance of the package, having checked and been satisfied with the condition of the package, by a handwritten or electronic signature of the Customer or any person present at the delivery address, unless the Customer stipulated otherwise during the Order.
The acceptance of the delivery under the conditions mentioned above automatically entails the transfer of the risk and responsibility attached to the Product(s) to the Customer.
In the event that the Customer has indicated a recipient other than himself/herself for the delivery of the Order (e.g. if it is a gift), the Customer is notified and accepts that the signature of the recipient of any person present at the delivery address indicated, unless specifically stipulated by the Customer in the Order, constitutes proof of the delivery and proof of the appropriate implementation of the sales contract by Goralska, implying the same ways, the transfer of risks and responsibility to the recipient.
9.1 Exceptional out-of Territory shipping policy as defined under Article 6
The shipping policy detailed above remains applicable in the event of exceptional shipping outside the Territory, which can only be accepted and scheduled once written agreement has been received from the Seller. To do this, the Customer must contact Goralska who will inform him/her about the method of the delivery. The delivery will be made exclusively by secure international carrier.
In some countries, customs and import charges may apply once the Order has reached the country of destination. If applicable, the Customer or the recipient of the Order, will take care of any necessary administrative steps and will pay all import taxes and any other taxes due in the country of destination.
Goralska does not have the ability to control the costs of these taxes as they depend on the custom policies of each country. It is the responsibility of the Customer to contact the relevant custom services to obtain all the information required before placing an Order.
Goralska cannot be held responsible in the event of the failure by the Customer or the recipient having to pay the costs and/or any administrative steps not taken as described above.
Article 10 – Right of Withdrawal and Return Policy
Tailored made product: the Customer is fully informed that an Order of a Product which in one way or another has been specifically tailored made at the request of the Customer and/or which would have been modify at the request of the Customer cannot be granted the right of withdrawal or cancellation once the Order of such Product has been accepted by the Customer. The product cannot be returned for either an exchange or a refund. These circumstances also apply for engraved and/or embossed Order.
In all other cases, and in accordance with the provisions Article L121-20-12 of the Consumer Code, the Customer has a right of withdrawal for fourteen (14) calendar days following the delivery of the Order. The practice of this right of withdrawal can be done without a reason given by the Customer and does not give rise to the application of any financial penalty. The costs of the return remain at the charge of the Customer.
In the event that the Customer wishes to use his/her right of withdrawal, he/she must urgently inform Goralska within the time provided above by e-mail to email@example.com or by telephone on + 33 (0)1 44 54 83 87 between 09:00 and 17:00, Monday to Friday.
The Customer will then be provided with a return reference and will receive all the relevant instructions needed to complete the returns process.
Goralska will reimburse the Customer within a maximum period of fourteen (14) days from the notification of the right of withdrawal. In the event that the delivery of the Product has already been made before the notification of the right of withdrawal, the Customer is informed that the reimbursement will be deferred pending receipt and acceptance of the return of the Product being withdrawn.
Refunds means all payments received, including delivery costs, except for additional costs arising from the delivery options chosen by the Customer for a delivery method other than standard delivery method offered by Goralska. The refund will be made by bank transfer only.
The Customer is informed and accepts that only an unworn Product, in perfect condition and in its original packaging will be accepted by Goralska which will check each product upon return. Any Product which has been used, worn or damaged will be refused by Goralska and returned to the Customer, the latter will not be able to claim for any compensation and/or reimbursement.
Article 11 – Legal guarantees of conformity
The legal guarantees of conformity and against hidden defects do not apply in the event of normal wear and tear of the Product, nor for obvious minor imperfection during the purchase, most often reflecting the expression of an artisanal quality work / craftsmanship quality work.
11.1 Guarantee of conformity
Goralska guarantees that the Products delivered comply with the description provided on the Website at the time of the Order, within the limits of the particulars quoted under Article 7.1 of these T&Cs,
The guarantee of conformity only applies to imperfections of conformity existing at the time of the delivery of the Products.
In accordance with Article L217-5 of the Consumer Code, the Product complies with the contract if it is suitable for the use commonly expected of a similar good and, where applicable, if it corresponds to the description given by the Seller, if it presents the qualities that a buyer can legitimately expects in view of the public statements made by the Seller, by the producer or by his/her representative, in particular in advertising or labelling.
In the event of a lack of conformity of this sort, the Customer must inform Goralska without delay following receipt of the Product and in any case within the limit of two (2) years, in accordance with the return policy provided under Article 10 of these T&Cs,
In the event that Goralska confirms the existence of a lack of conformity, the Customer can freely choose between getting the Product repaired or replaced, with the exception that if the choice opted for entails a noticeably disproportionate cost about the other modality, taking into account the value of the Product or the importance of the imperfection. In such case, Goralska holds the right of imposing the least expensive solution.
If a repair and replacement of the Product is impossible, the Customer will be offered a return on the Product and will receive a refund, or can keep the Product and receive some financial compensation, the amount of which will be defined by Goralska.
In the event of a return, the Product must be returned in its original packaging, in its original condition, new, unworn accompanied by the references of the Order and the Customer’s complaint. The return costs will be borne by Goralska.
11.2 Guarantee of hidden vices
Goralska guarantees its Customers against the occurrence of a possible hidden defect affecting its Products within the terms of Article 1641 of the Civil Code, provided that this defect was existing but not apparent on delivery of the Product and that it renders the Product unfit of the use for which it is intended, or that it reduces its use to such an extent that the Customer would not have bought it, or would have paid a lower price should he/she have known about the defect.
In the event of a defect of this sort, the Customer must inform Goralska without delay following the appearance of the defect and in any case within five (5) years of delivery of the Products. The Customer should inform Goralska by registered signed for postal mail sent to Goralska France SAS – 63, avenue des Champs Elysées – F-75008 Paris, FRANCE. This letter must be accompanied by the Order confirmation, proof of payment, delivery slip and any element to prove the existence of the alleged defect. In the event of a manifest hidden defect, the Product will be replaced immediately. Otherwise, Goraska may call on an expert.
In the event that Goralska confirms the existence of a hidden defect. The Customer can choose to either return the Product with the defect and have the price of it reimbursed, or keep the product and request some form of financial contribution. The amount of which will be defined by Goralska.
Article 12 – Commercial Warranty, Repairs and After-Sale Services
12.1 Commercial Warranty:
Goralska Products are guaranteed, for normal wear and tear, for one (1) year from the date the product is received by the Customer.
Any damage caused to the product, that is not considered to be normal wear and tear, will result in Goralska having the right to void the Product’s guarantee.
Likewise, the Product’s guarantee will become void if the Product is repaired and/or modified by any unauthorised workshop that is not partnered, or approved, by Goralska,
A tailored repair service is available to Customers, provided on a case-by-case basis and following a full assessment of the Product and the guidelines in 12.1. To request repairs, the Customer should contact the Goralska Joaillerie team by telephone on + 33 (0)1 44 54 83 87 between 09.00 and 17.00, Monday to Friday or e-mail firstname.lastname@example.org
12.3 After-sale services
For any questions relating to the maintenance of the Products and for other after-sales enquiries, please contact Goralska by telephone on +33(0)1 44 54 83 87 between 09.00 and 17.00, Monday to Friday or e-mail email@example.com
Article 13 – Archiving of the Contract
In accordance with the Article L134-2 of the Consumer Code, Goralska archives all sales contracts which are valued greater than Euros 120 (one hundred twenty) for a period of ten (10) years, commencing from the date the sale was completed. Customers can obtain a copy of his/her contract or invoices by logging into his/her Customer Membership Account of by emailing Goralska Customer Service firstname.lastname@example.org.
It is the responsibility of the Customer to save and print the full T&Cs for their Product at the time of purchase. All order confirmations constitute an irrevocable commitment on either side. This document should be kept for safekeeping as it provides proof of purchase and the T&Cs attached to that sale.
Article 14 – Intellectual Property
The Website is the exclusive property of Goralska, the sole and exclusive holder of the intellectual and industrial property rights relating to the Website, to the content, photographs and images featured in the Website.
Goralska concede to the Customer all the provisions of these T&Cs, without financial compensation and for the whole world, the non-exclusive and non-transferrable personal right to access, for its own needs, the Website within the framework of a use strictly personal and non-commercial.
The Customer also recognizes that apart from the right of access, any other copy, reproduction publication, distribution or publication, by any means whatsoever, of all or part of the content is strictly prohibited, whether or not for commercial purposes.
The Customer particularly refrains from modifying or deleting all or part of the notices and warnings relating to the existence of intellectual and/or industrial property rights relating to the content (texts, photographs, and images in specifically) present on the Website, and this including within the context of the right of access conceded to it under the conditions defined above.
Goralska is a registered trademark. Any representation and/or reproduction and/or partial or total exploitation of the brand, of any nature whatsoever, is totally prohibited under penalty of counterfeit action. Goralska brand name may therefore under no circumstances be used by the Customer, in particular for the promotion, manufacture or marketing of any product or service whatsoever without the prior consent and authorisation by Goralska.
In addition, any removal, addition. Compilation, or use for commercial purposes of information contained in databases accessible from the Website, as well as any use of robots, data mining systems and other data collection tools is strictly prohibited.
Article 15 – Personal Data
Goralska respects the confidentiality of personal data communicated by the Customer and processes. These personal data are being processed in compliance with the applicable regulations and in particular de General Data Protection Regulation (“GDPR”).
Goralska continuously works to protect the privacy of its Website’s user. All personal information shared by the Customer is subject to the provisions of Law No 78-17 of 6th January 1978 relating to data processing, files and freedoms as well as to subsequent laws and texts which have modified it. In accordance with the law “files, data processing and freedoms”: of January 6th, 2004, the processing of personal data relating to the Customer is subject to a prior declaration to the National Commission for Information Technology and Freedoms. The processing of personal data carried out on the Website has been declared to the “Commission Nationale Informatique et des Libertés”.
Personal data collected on the Website is used to process orders and manage the commercial relationship (deliveries, invoices, after-sales service).
All data transmitted or collected by Goralska are confidential and used only by Goralska and its business partners if agreed by the Customer.
Goralska handles not to communicate the contact details of its Customers to a third party free of charge or against payment.
To find more about the processing of personal data by Goralska, the Customer is advised to consult the Data Protection Policy accessible from the Website or Goralska Apps. In particular, the information itemised therein indicates the type of data processed by Goralska, the purposes of the processing, the retention periods, the recipients, the Customer’s rights over his/her data and the way in which he/she can uses them.
Article 16 – Cookies
The Customer is informed that while browsing Goralska Website, cookies may be installed on his/her computer equipment. Cookies can allow the identification of Website visitors and the recording of actions performed on the Website (pages and Products viewed, etc,..). This can allow the Customer in particular to be automatically connected to his/her Customer Membership Account, not having to re-enter his/her details during each Order or even to propose him/her, through advertising partners, personalised messages.
The Customer can decline these cookies at any time by selecting the appropriate parameters in his/her browser. This rejection may, however, prevent the proper functioning of the Website and the access to certain features.
To find out more about cookies, the Customer can refer to the Data Protection Policy of Goralska, accessible from the Website or the Goralska Apps.
Article 17 – Liability
Goralska cannot be held liable for the whole or partial non-execution of the contract concluded with the Customer, in the event of force majeur circumstances, the occurrence of an event attributable to the Customer or any unforeseeable and insuperable event.
Goralska makes every effort to ensure that the Customer can benefit from the access to the Website 24 hours/day, 7 days a week. However, it can guarantee neither availability of the Website free from any deficiency or mistakes nor the reliability of the Website in terms of its transmission, its rapidity and quality of performance for the responses provided. No technical assistance is provided for Customer either electronic or telephone means.
Goralska cannot be held responsible for any damage, loss or alteration of data, or any other indirect damage, consecutive of non-consecutive of any kind, caused to the visitors of the Website because of any malfunction of it whatsoever the cause can be. Any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion of the existence of computer viruses, cannot therefore be imputed to Goralska
Article 18 – Applicable Law and competent Courts
These T&Cs are governed by the French law. The disputes likely to arise from an Order placed on the Website or on the Apps, related to its validity its execution of its termination, will be the exclusive authority of the French Courts with regards to the rules of material and territorial jurisdiction relating to the issue under question.