Terms and Conditions
Article 1 Designation of the seller
The website www.grainedepastel.com is published by SAS GRAINE DE PASTEL, with a capital of €96,932, located 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 of Graine de pastel products ("the seller") to buyers who are consumers ("consumers") and together with the online order constitute the contractual documents enforceable between the parties, to the exclusion of all other documents, brochures, catalogues or photographs of the products which have only an indicative value.
These Terms and Conditions apply exclusively to products delivered to consumers residing in France and/or in a member state of the European Union. These Terms and Conditions, as well as all contractual information mentioned on the website, are written in French.
The terms and conditions are available to consumers on the website www.grainedepastel.com .
The General Terms and Conditions of Sale (GTC) are binding on the consumer, who acknowledges having read and accepted them before placing an order. Confirmation of the order constitutes acceptance by the buyer of the GTC in effect on the date of the order. The seller is responsible for storing and reproducing the GTC.
These Terms and Conditions were updated on 15/07/2021.
Graine de pastel reserves the right to modify its terms and conditions at any time.
In the event of changes to the General Terms and Conditions, the applicable General Terms and Conditions are those in force on the date of the order, a dated copy of which can be provided to the consumer upon request.
The invalidity of a contractual clause does not render the General Terms and Conditions invalid. The temporary or permanent non-application of one or more clauses of the General Terms and Conditions by the seller shall not constitute a waiver by the seller of the other clauses of the General Terms and Conditions, which shall remain in full force and effect.
Article 3 – Products
Each product offered for sale on the website is accompanied by a description outlining its essential characteristics as defined in Article L. 111-1 of the French Consumer Code . The website offers various products for sale to individuals, including cosmetic preparations. Graine de Pastel provides consumers with the necessary information for the proper use of its products and cannot be held liable for damages caused by misuse of products sold on its website or by failure to follow the instructions for use. Products are offered and delivered subject to availability. If a product ordered is unavailable, the seller will immediately inform the buyer and may offer a product of equivalent quality and price or, failing that, a voucher for the amount of the order, valid for any future purchase. If the buyer does not agree to this, the seller will refund the amounts paid within 5 business days. Beyond the refund of the price of the unavailable product, the seller is not liable for any cancellation compensation, unless the non-performance of the contract is directly attributable to them.
Products sold on this website may not be resold, or refurbished and resold, without the written consent of Graine de Pastel.
Article 4 - Price
In accordance with Article L. 112-1 of the Consumer Code, the selling prices are indicated, for each of the products listed in the electronic catalogue, in euros inclusive of all taxes, excluding delivery and transport costs mentioned before validation of the order and charged in addition.
The total amount due by the consumer is shown on the order confirmation page.
The selling price of the product is the one in effect on the day the order is placed.
The selling 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 agrees 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 the consumer the application of the price in effect on the day of the order. Additional transport, delivery or postage costs, which the customer was able to review before placing the order, are specified on the order form
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 areas.
Unless otherwise specified, these offers are valid as long as the products are listed in the online catalog and while stocks last. The consumer's acceptance of the promotion is validated, in accordance with the double-click procedure, by order confirmation.
Article 6 - Order
To place an order, the consumer, after filling their virtual basket by indicating the selected products and the desired quantities, then clicks on the "Order" button and provides the information relating to delivery and payment method.
Before clicking the "Confirm order" button, the consumer has the opportunity to check the details of their order and its total price and to return to previous pages to correct any errors or possibly modify their order.
Order confirmation implies acceptance of the terms and conditions and forms the contract.
An email acknowledging receipt of the order and payment is sent by the seller as soon as possible.
Any order modification by the consumer after order confirmation is subject to the seller's acceptance. The seller reserves the right to make modifications to the ordered product related to technical developments, under the conditions stipulated in Article R. 212-4 of the French Consumer Code.
The seller reserves the right to refuse any order for legitimate reasons, and in particular if the quantities of products ordered are abnormally high for buyers who qualify as consumers.
Article 7 - Contract
The sales contract is formed when the consumer sends confirmation of their order. The archiving of communications, order forms, and invoices is carried out on a reliable and durable medium so as to constitute a faithful and lasting copy in accordance with Article 1360 of the Civil Code (formerly Article 1348). These communications, order forms, and invoices may be produced as proof of the contract.
Article 8 - Payment
The price is due in full upon order confirmation. Payment is made immediately upon ordering by credit card or PayPal.The website uses a secure online payment system that allows consumers to encrypt the transmission of their bank details via the Payzen payment server (Lyra Network). At no time will the consumer's bank details pass through Graine de Pastel's computer system.
Article 9 - Delivery
Delivery is understood to mean the transfer to the consumer of physical possession of the goods.
The seller will process the order as quickly as possible, Monday through Friday. Graine de Pastel commits to shipping orders within 3 business days of order confirmation, unless otherwise indicated on the website (e.g., exceptional closure for annual holidays).
The order is handed over to the carriers (Chronospot, GLS, La Poste, etc.) for delivery within 2 to 4 days in mainland France. Delivery times vary depending on the region or country of delivery.
In the event of a delivery delay of more than 5 working days (i.e. for France: 3 days (preparation) + 3 days (shipping) + delay of 5 days), 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 does not conform to the order, the consumer must make a claim to the seller in order to obtain a replacement of the product or possibly a cancellation of the sale.
From the scheduled delivery date, ownership of the product is transferred to the buyer, except in cases where full payment of the price has not been received at the time of ordering.
Article 10 - Product Returns and Right of Withdrawal
The consumer has a right of return of fourteen days from the receipt of their order to return any item which does not suit them and request an exchange or refund, with the exception of the return costs which remain their responsibility.
Returns must be made in their original and complete condition, allowing for resale as new, and must be accompanied by the purchase invoice. Any product that has been opened or damaged by the consumer will not be accepted.
The right of withdrawal can be exercised by sending a message via the website's contact form, or by email (contact@grainedepastel.com ). Our customer service will promptly send you an email acknowledging receipt of your withdrawal.
The right of withdrawal can only be exercised if the products are returned in their original condition, allowing for their resale. In the event of withdrawal, Graine de Pastel will refund all payments received (credit to the consumer's bank card or PayPal account) after receiving and verifying 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 cannot be held responsible for damages 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 matter informally.
Article 13 - Applicable Law
This contract and the general terms and conditions governing it are subject to French law.