Terms of Sales
and use (CGU-CGV)

PREAMBLE

The online store of the site www.gatsby-entertainment.com has been set up by the company Gatsby Entertainment (hereinafter referred to as the "Company") which is the operator of this site. This is registered with the RCS of the Commercial Court of Soissons under number 903 145 621 and its intra-community VAT number is FR89903145621. Its president is SAS Bella Vita. She is domiciled at 2, rue Auguste Lebanc 02600 Villers-Cotterêts. His phone number is 06 51 28 47 60 and his email is contact@gatsby-entertainment.com.

These general conditions of use and sale (hereinafter "  the T&Cs") apply to the conditions of access and use of the site www.gatsby-entertainment.com (hereinafter the "Site"), to the services accessible from the Site, to the use of the gatsby-entertainment server and other Company broadcast media.

In particular, these T&Cs apply to the sale of the Items and Services defined below.

These general conditions of sale govern the contractual relationship between the Company and its Client, both parties accepting them without reservation. These general conditions will prevail over all other conditions appearing in any other document, except prior, express and written derogation.

Consultation of the Site by any User and access to the services deployed from the Site is subject to consultation, prior acceptance and full compliance with these T&Cs.

Consequently, the Consumer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to Order online the products presented within the framework of the shop. of the site.

The Consumer has the right to save or edit these general conditions, it being specified that both the saving and the editing of this document are his sole responsibility. These general conditions of sale may be subject to modification, the conditions applicable to the contract that he will have concluded will be those in force on the site on the date of his Order. The customer declares to have the full legal capacity allowing him to engage under these conditions.

The online store set up by the Company as part of the website mentions the following information:

1. legal notice allowing precise identification of the Company.

2. presentation of the essential characteristics of the goods and services offered.

3. indication, in Euros, of the price of the goods, as well as, where applicable, delivery costs.

4. indication of the terms of payment, delivery, or performance.

5. the existence of a right of withdrawal.

6. the period of validity of the offer or price.

7. all of this information is presented in French. The Consumer declares to have full legal capacity enabling him to commit to these general terms and conditions.

These contractual conditions define:

– the terms and conditions under which the Company offers various Items for sale on the www.gatsby-entertainment.com website or in its Showroom;

– the terms and conditions under which the Company offers various services on the site www.gatsby-entertainment.com various Articles or in its Showroom;

– the terms and conditions under which Users can buy on www.gatsby-entertainment.com.

The Company reserves the right to modify these at any time by publishing a new version on its website. The T&Cs applicable then are those in force on the date of payment (or of the first payment in the event of multiple payments) of the Order.

Article 1 – Definitions

In the CGU-CGV, words or expressions beginning with a capital letter have the following meaning:  

- Buyer/Customer: natural or legal person who placed an Order on the site  www.gatsby-entertainment.com.

- Article: designates a material good which is offered for sale on the Site.

- Order: refers to any order from the Customer relating to the Articles, Services and prices of the Company accepted by the latter, accompanied by the payment of the price.

- Recipient: person intended to collect or receive the Item sold in the name and on behalf of the Buyer.

- Access provider: Gatsby Entertainment SAS (RCS Soissons 903 145 621)

- Delivery costs: refers to the transport costs

-Gatsby Entertainment   : Registered trademark, property of the Company.

- Registration: refers to the fact of registering to become a member of the Site.

- Delivery: designates the transport of the Article by the Company or a carrier designated by it.

- Member: any person who has registered on the Site.

- Service/Service: refers to the Repair, Restoration and Delivery services offered by the Company.

- Price of the Item: designates the sale price of the goods or services ordered from the Company.

- Repair: refers to the fact of restoring Bistro furniture to working order.

- Restoration: refers to the fact of restoring old Bistro furniture by repairing damaged parts and replacing, if necessary, missing or broken parts to restore them to their original functionality as well as a beautiful appearance, if possible close to the original one.

- Showroom: establishment located in Villers-Cotterêts where the Items for sale on the Site are displayed.

  - Site: refers to the electronic commerce site published by the Company and accessible on the Internet at the address  http://www.gatsby-entertainment.com

- Company (the): means the company Gatsby Entertainment.

- User: any natural or legal person (including the Consumer User and the Professional User) who visits one or more pages of the Site, whether to consult the information available free of charge, to buy one or more Items and/or to benefit of any service (free or paid) deployed by the Company from the Site. If it is a natural person, the User must be over 18 years old, have full legal capacity to conclude a sale. If he is under the age of 18, the User must be emancipated.

- Consumer User: any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity.

- Professional User: any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft or agricultural activity, including when he acts in the name or on behalf of another professional .

Article 2 – Access to the site and the service

Consultation of the Site is accessible free of charge to any User with internet access. All costs relating to access to the Site, whether hardware, software or internet access costs, are the sole responsibility of the User. He is solely responsible for the proper functioning of his computer equipment as well as his internet access.

This Site includes a part accessible to any User and a part accessible to Members.

For information and without the Company's commitment in this respect, it is indicated that the Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure, fortuitous event or due to a third party, such as than those usually retained and defined by the case law of the French courts. Similarly, the Company reserves the right to carry out any interruption for technical maintenance reasons necessary for the proper functioning of the Site and related materials, or for updating the Site or for any other reason.

The Company also reserves the right to suspend, interrupt or limit, at any time and for the duration of its choice (including any definitive cessation) without prior notice, access to all or part of the Site. The User is informed that the Company may terminate or modify the characteristics of the services offered on the Site, at any time.

The Company is not bound by any obligation of result concerning the accessibility of the Site, and is in no way responsible for the interruptions and the consequences which may result therefrom.

Article 3 – Personal data  

The User is informed that, during his navigation, his registration and within the framework of the Order, personal data concerning him are collected and processed by the Company as data controller, in particular by means of forms online for registering or placing an Order. The User is informed that the advertisement or the Order cannot be placed if the relevant form is not correctly completed. This form contains an indication of the optional or mandatory nature of the fields to be completed. This processing is the subject of a declaration to the Commission Nationale Informatique et Libertés pursuant to Law No. 78-17 of January 6, 1978. These data are used to process the request for publication of an advertisement or of the Order as well as to improve and personalize the services offered by the Company. They are not intended to be transmitted to third parties. In accordance with the Data Protection Act of January 6, 1978, you have the right to access and rectify data concerning you. To exercise this right, you can contact us: By e-mail: contact@gatsby-entertainment.com. By mail: Gatsby Entertainment, 2 rue Auguste Leblanc 02600 Villers-Cotterêts. By phone: 07 49 26 85 07.

To learn more, see our Privacy Policy .

Article 4 – Use of cookies

The www.gatsby-entertainment.com site uses cookies to offer targeted advertising and to compile visit statistics.

To learn more, see our Cookies Policy (EU) .

Article 5 – Order

5.1 Online ordering

5.1.1 The Company reserves the right to correct the content of the Site at any time.

5.1.2 The Customer selects the Item(s) and/or services he wishes to purchase, and can access the summary of his Order at any time.

5.1.3 The Order summary presents the list of the Item(s) and/or service(s) that the Customer has selected, and includes any additional costs such as the delivery price in addition to the price of the Product(s). and/or services of the Order. The Customer has the option of modifying his Order and correcting any errors before accepting his Order.

5.1.4 After accessing the summary of his Order, the Customer confirms acceptance of his Order by clicking on the “Payment” button.

5.1.5 The customer then fills in his contact details as well as the shipping address in the event of delivery. He still has the possibility to modify his Order (in particular to add delivery). To go to the next step, he clicks on the "Continue" button.

5.1.6 The customer chooses his method of payment (credit/debit card, PayPal account or offline payment).

5.1.7 The customer indicates the billing address.

5.1.8 The customer confirms his purchase by ticking the box "I accept the Terms and Conditions", then by clicking on the "Order and pay" button to ensure that the Customer explicitly acknowledges his acceptance of these conditions and his obligation to pay for the Order.

5.1.9 A confirmation email, acknowledging receipt of the Order and containing all of this information will then be sent to the Buyer as soon as possible. The Buyer must therefore provide a valid email address when filling in the fields relating to his identity. The products presented on the metalandwoods.com site are either in stock or on order. In this last case,  an "Availability" field in the description of the article indicates the period of availability. In the event that a product ordered by the Buyer indicated in stock is unavailable, the Company undertakes to inform the Buyer by email as soon as it becomes aware of this unavailability. This entails the cancellation of the Order and the reimbursement of the Buyer, without delay and at the latest within fifteen days, of the price of this Order if his bank account has been debited. For products on Order and which are therefore not stocked in our warehouses: our offers are valid subject to availability from our suppliers. This information coming directly from our suppliers, errors, modifications or delays may exceptionally occur. We will notify you by email upon receipt of the information provided by the suppliers. Delays cannot, under any circumstances, justify the cancellation of the Order or give rise to penalties or damages.

5.2 Order at the Showroom

Any Order is deemed to be firm, definitive and irrevocable when the Order form or the invoice is issued for products in stock, and hand-delivered to the customer containing all the details. For Orders requiring a deposit, the balance will be due and under no circumstances will the customer be able to claim the cancellation of his Order. A delay in manufacture or delivery cannot give rise to damages, cancellation of the Order, or reimbursement of shipping costs. Delivery can only take place once full payment has been made and effective in our accounts.

Article 6 – Customization

The production time is communicated to you at the time of your Order and it is indicated in the "time limit" field of the Order which will be delivered to you in person or by email. Depending on the circumstances, the deadlines may be extended. For any Order, a 50% deposit will be required.

Important: In order to keep the artisanal side of our creations, we may need to use old materials (old boards, players, bars, handles, abacus, old screens, etc.). All our creations  are handmade and therefore we cannot exclude some imperfections (scratches, slight traces of oxidation, shade in the colors...). Imperfections should not be considered as faults but as proof of craftsmanship, original and unique.

Article 7 – Price – Payment and payment security

7.1 The prices of the Items are indicated and expressed in euros, all taxes included. In the case of second-hand goods, the Seller cannot include VAT on the invoice in accordance with the rules for taxation of the resale of second-hand goods. Pursuant to Article 297 A of the CGI, deliveries of second-hand goods, works of art, collectibles or antiques made by taxable dealers are automatically subject to the special regime of the profit margin when the goods in question have been delivered to them by a person not liable for VAT or by a person who is not authorized to charge VAT for this supply, such as, for example, another taxable dealer. The Buyer must find out about the import duties or taxes applicable to the Items purchased for export and declares to be responsible for their declaration and payment. The Buyer is personally responsible for the costs related to the exchange rate.

7.2 The total amount is indicated in the summary of the Order, before the Customer accepts these GCS, validates his Order, informs and validates his delivery details and, where applicable, billing and proceeds to payment. This total amount is indicated inclusive of all taxes.

7.3 The Order of products and/or services on the Site is payable in euros. Full payment must be made on the day of the Order by the Customer, by card, bank transfer, PayPal account, except for special conditions of sale expressly accepted by the Customer and the Company.

7.4 In the event of payment by credit card, the Site uses the Stripe security system, a service provider specializing in online payment security which uses the SSL (Secure Socket Layer) protocol. This system guarantees the Client the total confidentiality of his banking information. The bank transaction by credit card, carried out between the Customer and the secure system is therefore fully encrypted and protected. Credit card numbers are in no way communicated by the Banking Institution which is the sole holder.

7.5 In the event that payment authorization is refused by the bank, the Order will be purely and simply cancelled.

7.6 The Customer guarantees to the Company that he has the necessary authorizations to use the method of payment, when placing the Order.

7.7 The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be due by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.

Article 8 – Transport and delivery

Transport and insurance costs will be borne by the customer.

Items shipped from our Showroom or our warehouses are checked and protected by us before they are withdrawn by the carrier.

In the event of delivery by the Company, the transport and insurance costs are fixed at a flat rate of 350 euros for the whole of metropolitan France, provided that the Article can be delivered by two people without additional means (lift , disassembly of the article, …).

The Item will be delivered to the contact details indicated by the Buyer in the form completed when placing the Order or to the contact details indicated on the invoice for an Order placed at the Showroom.

The delivery is carried out in the time slot planned with the Buyer by the direct delivery of the product to the announced Recipient, or in the event of absence, to another person authorized by the customer.

It is up to the Buyer to check prior to his Order, with regard to the specifications of the products in terms of size, weight and volume.  that these can be transported by the access roads to the place of delivery and to the interior of the premises. Under no circumstances can the Company be held liable if the accessibility information for your premises is missing or has not been communicated to it. For Orders on the site, the Buyer must fill them in precisely in the comments tab. For Showroom Orders, they appear at the bottom of your Order form.

If it is impossible to make the delivery by elevator or stairs, the customer will be responsible for setting up additional means to make the delivery in good conditions.

In the event of incorrect information, or any reason preventing the delivery of the Order, neither the Company nor the carrier can be held responsible for the non-delivery of the Article. In case of impossibility of delivery, the return transport costs will remain the responsibility of the Buyer. In case of absence during the 1st passage, the Article will be returned to the carrier's depot or to our warehouse. A second delivery, invoiced, will be offered. The return costs will remain the responsibility of the Buyer. The inability to deliver does not result in the cancellation of the Order. A credit may be issued if no other solution allows delivery, except for so-called special and made-to-measure Orders, which may not give rise to any credit or refund.

The return of the Article and the reimbursement of the Buyer will take place under the conditions set out below in article 7 “Cancellation – Withdrawal – Reimbursement”.

The Company reserves the right to use the mode of transport of its choice.

Delivery times are given for information only. In the event of late delivery, it may not give rise to damages, deductions or cancellation of the Order in progress.

Cases of force majeure, such as war, riots, fire, strikes and accidents release the Company from its obligation to deliver.

The Buyer will have a period of 48 hours from the delivery of the Articles to inform the Company, by registered letter with acknowledgment of receipt, of any damage suffered by these Articles during their transport or of the non-compliance of the products ordered. with those delivered. Failure to inform the Company within the above time limit, the products will be deemed to comply with the Order and to have traveled at the Purchaser's risk and peril.

Any liability of the Company is extinguished if the Article has suffered damage as a result of storage or faulty handling by the buyer or if it has been modified or repaired by the buyer and his agents or any unauthorized person without the prior written consent of the Company.

If the claim is justified, the Company may, at its option, deliver a replacement Article or grant compensation for loss of value or terminate the contract. Under no circumstances may the Company's liability extend to consequential damages, nor exceed the value of the Item supplied.

In the event of replacement of the Article, the transport of restitution and replacement will be carried out at the expense and risk of the Buyer.

In the event of delivery made by a carrier chosen by the Buyer, the Company declines all responsibility in the event of damage possibly suffered by these Articles during their transport.

Article 9 – Withdrawal from the Showroom

If the Buyer has decided to take delivery of the Item himself or to have it collected by a carrier of his choice, the collection takes place at our Showroom located at 2, rue Auguste Leblanc 02600 Villers-Cotterêts,  by appointment only. It is imperative to notify the Company 72 hours of the planned withdrawal.

Unless expressly agreed by the Company, the Buyer has 30 working days from the date of purchase and availability of his Order to withdraw it. If the Buyer has not collected the goods after two emails, his Order will be terminated and the items put back on sale, no refund can be demanded.

Article 10 – Storage

If the Customer wishes to reserve an Item immediately but to be delivered later, the Company offers the possibility of storing the Order free of charge from full payment and within a maximum period of 6 months, after agreement from the Company.

Article 11 – Retention of title clause – Transfer of risks

In accordance with the law, the transfer of ownership of the Articles to the benefit of the Buyer only takes effect after full payment of the price by the latter.

The Buyer undertakes personally with regard to the Company not to dispose in any way whatsoever, in particular neither in full ownership nor by constitution of pledges, of the Items purchased before full payment of the price.

In the event of the buyer's opposition to the return of the unpaid Items, a simple summary order will constitute cancellation of the sale and authorization to take back the Items. The installments paid will remain acquired by the Company as damages.

The Buyer must take out insurance accordingly and bear the costs thereof until the price has been paid in full.

The Company insures the risks of loss and deterioration of the Items until the said Items are delivered to the Recipient, in the event of delivery made by the Company. The transfer of risks is therefore made from the moment the Recipient has acknowledged receipt of the Items. The Company insures the risks of loss and deterioration of the Items until the Item is delivered to the Recipient in the event of collection from the Showroom or from the carrier in the event of delivery by a carrier chosen by the Buyer. The transfer of risks is therefore made from the moment the carrier chosen by the customer has acknowledged receipt of the Items.

Article 12 - Cancellation - Withdrawal - Reimbursement

12.1 Online sales:

Art. Preliminary to the Consumer Code: “Within the meaning of this code, a consumer is any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity. »

The Consumer has, in accordance with the provisions of the Consumer Code, a withdrawal period of FOURTEEN (14) working days from receipt of the Article by the Buyer or the carrier that he has directly appointed. However, in accordance with the texts in force, this option is not applicable to products manufactured according to the specifications of the buyer, clearly personalized; nor to the provision of services fully performed before the end of the withdrawal period and the performance of which has begun after the prior express agreement of the Consumer and express waiver of his right of withdrawal.

In particular, this option does not apply to custom-restored Articles or to Restoration or renovation services.

This right of withdrawal must be exercised by returning the withdrawal form according to the terms of withdrawal, to the following email address: contact@gatsby-entertainment.com  or by registered letter with acknowledgment of receipt to the following address: 2, rue Auguste Lebanc 02600 Villers-Cotterêts.

In the event of implementation of the withdrawal in the forms and time limits indicated above when the products ordered have been delivered, the Buyer must return the Articles ordered to the Company for the purpose of exchange or reimbursement, the products must be returned in their complete and intact original packaging, and in perfect condition for resale within fourteen (14) days of delivery. Items returned without their original packaging, incomplete, damaged, damaged or soiled by the customer will not be taken back or exchanged.

To exercise these rights of cancellation of the Order and withdrawal, the Buyer must use the form accessible here . A confirmation acknowledging receipt of this return request will be sent to him by e-mail.

The law stipulates that the return costs are the responsibility of the buyer.

In addition, you will retain the additional costs of delivery of the goods if you have chosen a more expensive delivery method than the delivery method offered by the Company. For example, if you choose delivery by a carrier of your choice that is more expensive than that offered by the Company, you pay the difference in cost between these 2 types of delivery.

Reimbursement will be made within 14 days of the date on which the Company has been informed of the decision to withdraw, unless there is justified delay. However, for a sale of Articles, the Company will defer reimbursement until the day of recovery of the Articles by itself.

12.2 Showroom Sales:

There is no legal right of withdrawal for a purchase in Showroom. The Order will therefore be deemed firm, final and irrevocable. No Order cancellation can therefore be taken into account for any reason whatsoever.

Article 13 – No waiver of recourse

If, despite the Buyer's breach(es) of any of the obligations contracted towards the Company when placing an Order, the Company continues to satisfy other Orders made by the Buyer, this cannot constitute a waiver of the remedies available to it against the breaches of the Buyer.

Article 14 – Liability

The Company implements all the measures necessary to ensure the Customer the supply, under optimal conditions. However, it cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable event of a third party unrelated to the contract, or to a case of force majeure. More generally, if the liability of the Company were to be engaged, it could in no case accept to compensate the Client for consequential damages or whose existence and/or quantum would not be established by evidence.

Article 15 – INTELLECTUAL PROPERTY

Trademarks, domain names, products, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company. No assignment of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 16 – Language of the contract – Applicable law

Only the French language version of the T&Cs is authentic between the parties and may be produced in court.  

These T&Cs are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.

Article 17 – Disputes

17.1 Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in those who take the trouble to explain their situations.

17.2 In the event of a dispute likely to arise during the interpretation and/or execution of these terms or in relation to these T&Cs, the Customer will first contact the Company to obtain an amicable solution. .

17.3 Failing this, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative method of dispute resolution.

17.4 The Customer can go to the European consumer dispute resolution platform set up by the European Commission at the following address and listing all the dispute resolution bodies approved in France: https://webgate.ec .europa.eu/odr/.

17.5 In the event of failure of this mediation procedure or if the Customer wishes to take legal action, the rules of the Code of Civil Procedure will apply.