CGV
Article 1 Designation of the seller
The website www.grainedepastel.com is published by SAS GRAINE DE PASTEL, with share capital of €96,932, domiciled at 4 place Saint Etienne, 31000 Toulouse, and registered since May 2003 with the Toulouse Trade and Companies Register under number 448 567 131.
Article 2 - General provisions relating to these General Terms and Conditions of Sale (“GTC”)
The General Terms and Conditions of Sale apply exclusively to online sales on the website www.grainedepastel.com (the “website”). The General Terms and Conditions of Sale govern exclusively the online sales contracts for Graine de pastel products (the “seller”) to buyers acting as consumers (the “consumers”) and, together with the online order, constitute the contractual documents enforceable against the parties, to the exclusion of all other documents, prospectuses, catalogs, or photographs of the products, which are for information purposes only.
The General Terms and Conditions of Sale apply exclusively to products delivered to consumers established in France and/or in a member country of the European Union. The General Terms and Conditions of Sale, as well as all contractual information provided on the website, are written in French.
The General Terms and Conditions of Sale are made available to consumers on the website www.grainedepastel.com.
The General Terms and Conditions of Sale are enforceable against the consumer, who acknowledges having read and accepted them before placing an order. Validation of the order by confirming it constitutes the buyer's acceptance of the General Terms and Conditions of Sale in force on the date of the order. The seller ensures that the General Terms and Conditions of Sale are retained and reproduced.
These General Terms and Conditions of Sale were last updated on 15/07/2021.
Graine de pastel reserves the right to amend its General Terms and Conditions of Sale at any time.
In the event of amendments to the General Terms and Conditions of Sale, the applicable terms are those in force on the date of the order, a dated copy of which may be provided to the consumer upon request.
The nullity of a contractual clause does not entail the nullity of the General Terms and Conditions of Sale. The temporary or permanent non-application of one or more provisions of the General Terms and Conditions of Sale by the seller shall not constitute a waiver by the seller of the other provisions, which shall continue to apply.
Article 3 – Products
Each product offered for sale on the website is described with its essential characteristics within the meaning of Article L. 111-1 of the French Consumer Code. The website offers various products for sale intended for individuals, including cosmetic preparations. Graine de pastel provides consumers with the information necessary for proper use of the products and cannot be held liable for damage caused by improper use of the products sold on its website or by failure to comply with the precautions for use. Products are offered and delivered while stocks last. If the ordered product is unavailable, the seller immediately informs the buyer and may offer a product of equivalent quality and price or, failing that, a voucher for the amount of the order, which may be used for any future order. If the buyer disagrees, the seller will refund the amounts paid within 5 working days. Apart from refunding the price of the unavailable product, the seller is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to the seller.
Products sold on the website may not be resold or reconditioned and resold without the written consent of Graine de pastel.
Article 4 - Prices
In accordance with Article L. 112-1 of the French Consumer Code, sale prices are indicated for each product listed in the electronic catalogue, in euros including all taxes, excluding delivery and transport costs mentioned before the order is validated and charged in addition.
The total amount owed by the consumer is indicated on the order confirmation page.
The sale price of the product is the price in effect on the date of the order.
The sale price of the products does not include shipping costs, which are charged in addition to the price.
In the event of a price promotion, the seller undertakes to apply the promotional price to any order placed during the promotional period.
The seller reserves the right to change its prices at any time, while guaranteeing the consumer the application of the price in effect on the date of the order. Additional transport, delivery or postage costs, which the customer was able to learn about before placing the order, are set out on the order form
Article 5 - Promotions
The promotions presented on the website are reserved for consumers residing in France and/or in a member country of the European Union, with deliveries to those same areas.
Unless a specific period is indicated, they are valid as long as the products appear in the electronic catalogue and while stocks last. The consumer's acceptance of the promotion is validated, in accordance with the double-click procedure, by confirming the order.
Article 6 - Orders
To place an order, after filling their virtual cart with the selected products and desired quantities, the consumer then clicks the "Order" button and provides the delivery and payment method information.
Before clicking the "Confirm order" button, the consumer can check the details of their order and its total price and return to the previous pages to correct any errors or, if necessary, modify their order.
Confirmation of the order entails acceptance of the GTCs and forms the contract.
An email acknowledging receipt of the order and its payment is sent by the seller as soon as possible.
Any modification to an order by the consumer after confirmation of the order is subject to the seller's acceptance. The seller reserves the right to make modifications to the ordered product that are related to technical developments under the conditions provided for in Article R. 212-4 of the Consumer Code.
The seller reserves the right to refuse any order for legitimate reasons, particularly if the quantities of products ordered are abnormally high for buyers acting as consumers.
Article 7 - Contract
The sales contract is formed when the consumer sends confirmation of their order. Communications, purchase orders, and invoices are archived on a reliable and durable medium in such a way as to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code (former Civil Code, Article 1348). These communications, purchase orders, and invoices may be produced as evidence of the contract.
Article 8 - Payment
The price is payable in full after the order is confirmed. Payment is made immediately when placing the order by bank card or PayPal.The website has a secure online payment system that enables consumers to encrypt the transmission of their banking details via Payzen's payment server (Lyra Network). At no time will the consumer's banking details pass through Graine de pastel's computer system.
Article 9 - Delivery
Delivery means the transfer of physical possession of the goods to the consumer.
The seller will process the order as soon as possible from Monday to Friday. Graine de pastel undertakes to ship orders within 3 business days following order confirmation, unless otherwise indicated on the website (e.g., exceptional closure for annual leave)
The order is handed over to the carriers (Chronospot, GLS, La Poste, etc..) for delivery within 2 to 4 days in Metropolitan France. Delivery times vary depending on the region or country of delivery.
In the event of a delivery delay of more than 5 business days (i.e., in France: 3 days (preparation) + 3 days (shipping) + 5 days’ delay), the customer must inform Graine de pastel’s customer service, which will take the necessary and appropriate action.
The products are delivered to the address indicated by the customer on the order form.
If the product does not conform to the order, the consumer must submit a claim to the seller to obtain a replacement product or, where applicable, cancellation of the sale.
From the scheduled delivery date, ownership of the product is transferred to the buyer, except where full payment of the price was not collected at the time of ordering.
Article 10 - Product Returns and Right of Withdrawal
The consumer has fourteen days from receipt of the order to return any item that does not suit them and request an exchange or refund, except for the return costs, which remain their responsibility.
Returns must be made in their original and complete condition, allowing them to be resold as new, and must be accompanied by the purchase invoice. Any product opened or damaged by the consumer will not be accepted.
The right of withdrawal may be exercised by sending a message via the site’s contact form or an email (contact@grainedepastel.com). Our customer service will promptly send you an email acknowledging receipt of the withdrawal request.
The right of withdrawal may only be exercised if the products are returned in their original condition, allowing them to be resold. In the event of withdrawal, Graine de pastel will refund all payments received (by re-crediting the consumer’s bank card or PayPal account) after receiving and inspecting the products.
Article 11 - Processing of Personal Data
Graine de pastel processes consumer information in accordance with its Privacy Policy.
Article 12 - Dispute Resolution
Graine de pastel shall not be held liable for any damage resulting from improper use of its products. In the event of a dispute, our team is available by email (contact@grainedepastel.com) to attempt to resolve the dispute informally.
Article 13 - Applicable Law
This contract and the General Terms and Conditions governing it are subject to French law.