Article 1 Designation of the seller
The site www.grainedepastel.com is edited by SAS GRAINE DE PASTEL, with a capital of 96.932€, domiciled at 4 place Saint Etienne 31000 Toulouse, and registered since May 2003 at the RCS of Toulouse under the number 448 567 131.
Article 2 - General provisions relating to these general terms and conditions of sale ("GTC")
The GTC are applicable exclusively to online sales on the website www.grainedepastel.com ("the site"). The GTC govern exclusively the online sales contracts of Graine de pastel products ("the seller") to buyers having the quality of consumers ("consumers") and constitute, with the online order, the contractual documents opposable to the parties, to the exclusion of all other documents, leaflets, catalogs or photographs of the products which have only an indicative value.
The GTC are exclusively applicable to products delivered to consumers established in France and/or in a member country of the European Union. The GTC are written as well as all the contractual information mentioned on the site: in French language.
The GTC are available to consumers on the site www.grainedepastel.com.
The CGV are opposable to the consumer who recognizes to have had knowledge of them and to have accepted them before placing order. The validation of the order by its confirmation is worth adhesion by the purchaser to the CGV in force at the day of the order. The conservation and the reproduction of the CGV are ensured by the salesman.
The present GTC have been updated on 15/07/2021.
Graine de pastel reserves the right to modify its GTC at any time.
In case of modification of the GTC, the applicable GTC are those in force at the date of the order, a copy of which dated to this day can be given to the consumer at his request.
The nullity of a contractual clause does not entail the nullity of the GTC. The temporary or permanent inapplication of one or more clauses of the GTC by the seller does not constitute a waiver of the other clauses of the GTC, which continue to have effect.
Article 3 - ProductsThe products offered for sale on the site are each the subject of a description mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code. The site offers for sale various products for individuals, including cosmetic preparations. Graine de pastel provides consumers with the necessary elements for proper use of the products and cannot be held responsible for damages caused by improper use of the products sold on its site or by failure to observe the precautions for use.The products are offered and delivered within the limits of available stocks. In case of unavailability of the ordered product, the seller informs the buyer immediately and can offer him a product of an equivalent quality and price or, failing that, a voucher for the amount of the order usable for any future order. In case of disagreement of the buyer, the seller proceeds to the refund of the sums paid within 5 working days. Apart from the reimbursement of the price of the unavailable product, the seller is not bound to any cancellation indemnity, except if the non-performance of the contract is personally attributable to him.
The products sold on the site can not be resold, or repackaged and resold without the written consent of the company Graine de pastel
Article 4 - Prices
The sale prices, in accordance with Article L. 112-1 of the Consumer Code, are indicated, for each of the products listed in the electronic catalog, in euros all taxes included, excluding shipping and transportation costs mentioned before validation of the order and charged extra.
The total amount due by the consumer is indicated on the order confirmation page.
The selling price of the product is the one in force on the day of the order.
The selling price of the products does not include the shipping costs 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 modify its prices at any time, while guaranteeing to the consumer the application of the price in force on the day of the order. The additional expenses of transport, delivery or franking, of which the customer could take note before the order, are fixed on the purchase order
Article 5 - Promotions
The promotions presented on the site are reserved for consumers residing in France and/or in a member country of the European Union and for deliveries in these same zones.
They are valid, in the absence of indication of particular duration, as long as the products appear in the electronic catalog and within the limits of available stocks. The acceptance of the promotion by the consumer is validated, in accordance with the double click process, by the confirmation of the order.
Article 6 - Order
To place an order, the consumer, after having filled his virtual basket by indicating the selected products and the desired quantities, clicks on the "Order" button and provides the information relating to the delivery and the method of payment.
Before clicking on the "Confirm Order" button, the consumer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.
The confirmation of the order implies acceptance of the GTC and forms the contract.
An e-mail acknowledging receipt of the order and its payment is sent by the seller as soon as possible.
Any modification of order by the consumer after confirmation of his order is subjected to the acceptance of the salesman. The seller reserves the right to make changes to the product ordered that are related to technical developments under the conditions provided in Article R. 212-4 of the Consumer Code.
The seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers who are consumers.
Article 7 - Contract
The sales contract is formed at the time of the sending by the consumer of the confirmation of his order. The archiving of communications, purchase orders and invoices is made on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code (former C. civ., art. 1348). These communications, order forms and invoices can be produced as proof of the contract.
Article 8 - PaymentThe price is due in full after confirmation of the order. Payment is made immediately upon ordering by credit card or paypal.
The site is equipped with a secure online payment system that allows the consumer to encrypt the transmission of his or her banking information via the Payzen (Lyra Network) electronic payment server. At no time will the customer's banking information pass through the Graine de pastel computer system.
Article 9 - Delivery
The delivery means the transfer to the consumer of the physical possession of the good.
The seller will process the order as soon as possible from Monday to Friday. Graine de pastel commits to ship orders within 3 working days following the validation of the order, unless otherwise indicated on the site (e.g.: exceptional closure for annual vacations)
The order is given to the carriers (Chronospot, GLS, La Poste, etc..) for a delivery within 2 to 4 days in Metropolitan France. Delivery times differ according to region or country of delivery.
In case of delay in delivery of more than 5 working days (i.e. for France: 3 days (preparation) + 3 days (routing) + 5 days delay), the customer must inform the customer service of Graine de pastel which will implement the necessary and appropriate actions.
The products are delivered to the address indicated by the customer on the order form.
If the product is not in conformity with the order, the consumer must address a complaint to the salesman to obtain the replacement of the product or possibly the resolution of the sale.
From the date of delivery, the property of the product is transferred to the buyer, except in the case where the full payment of the price has not been received at the time of the order.
Article 10 - Return of Products and right of withdrawal
The consumer has a right of return of fourteen days from the receipt of his order to return any item that does not suit him and ask for an exchange or refund except for the cost of return which remains at his expense.
The returns are to be made in their original condition and complete allowing their remarketing in new condition, accompanied by the purchase invoice. Any product opened or damaged by the consumer will not be accepted.
The right of withdrawal can be exercised by sending a message via the contact form of the site, or an e-mail (email@example.com) . Our customer service will send you without delay an e-mail acknowledging receipt of the withdrawal.
The right of withdrawal can only be exercised if the products are returned in their original condition, allowing their remarketing. In case of retraction, Graine de pastel will reimburse the totality of the payments received (re-crediting of the consumer's credit card or Paypal account), after reception and verification of the products.
Article 11 - Processing of personal data
Article 12 - Dispute Resolution
Graine de pastel will not be held responsible for damages resulting from a non-conforming use of its products. In case of dispute, our team is at your disposal by e-mail (firstname.lastname@example.org) in order to try to solve this dispute informally.
Article 13 - Applicable law
This contract and the GTC governing it are subject to French law.