CGV
Article 1 Designation of the seller
The site www.grainedepastel.com is published by SAS GRAINE DE PASTEL, with a 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 GTC apply exclusively to online sales on the site www.grainedepastel.com ("the site"). The GTC exclusively govern the online sales contracts of Graine de pastel products ("the seller") to buyers who qualify as consumers ("consumers") and constitute, together with the online order, the contractual documents binding on the parties, excluding all other documents, brochures, catalogs, or photographs of products which are only indicative.
The GTC apply exclusively 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 contractual information mentioned on the site, in French.
The GTC are made available to consumers on the site www.grainedepastel.com.
The GTC are binding on the consumer who acknowledges having been informed of them and having accepted them before placing an order. The validation of the order by its confirmation constitutes the buyer's acceptance of the GTC in force on the day of the order. The preservation and reproduction of the GTC are ensured by the seller.
These GTC were updated on 07/15/2021.
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 on the date of the order, a dated copy of which can be provided to the consumer upon request.
The nullity of a contractual clause does not entail the nullity of the GTC. The temporary or permanent non-application of one or more clauses of the GTC by the seller shall not be considered a waiver of the other clauses of the GTC, which continue to produce their effects.
Article 3 – Products
The products offered for sale on the site each have a description mentioning their essential characteristics as defined by article L. 111-1 of the Consumer Code. The site offers various products for sale intended for individuals, including cosmetic preparations. Graine de pastel provides consumers with the necessary information 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 follow usage precautions. Products are offered and delivered while stocks last. In case of unavailability of the ordered product, 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 usable for any future order. In case of disagreement by the buyer, the seller refunds the amounts paid within 5 working days. Apart from 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 personally attributable to them.
Products sold on the site may not be resold, or repackaged and resold without the written consent of the company Graine de pastel.
Article 4 - Price
Sale prices, in accordance with article L. 112-1 of the Consumer Code, are indicated for each product listed in the electronic catalog, in euros including all taxes, excluding delivery and transport fees mentioned before order validation and charged additionally.
The total amount due by the consumer is indicated on the order confirmation page.
The sale price of the product is the one in effect on the day of the order.
The sale price of the products does not include shipping fees charged in addition to the price.
In the case of price promotions, the seller commits to applying the promotional price to any order placed during the promotion period.
The seller reserves the right to change 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 fees, which the customer may have been informed of before the order, are set on the order form.
Article 5 - Promotions
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 within these same areas.
They are valid, unless otherwise specified, as long as the products are listed in the electronic catalog and within the limits of available stock. The consumer's acceptance of the promotion is confirmed, in accordance with the double-click procedure, by the order confirmation.
Article 6 - Order
To place an order, the consumer, after filling their virtual cart by selecting the desired products and quantities, then clicks the "Order" button and provides delivery and payment information.
Before clicking the "Confirm Order" button, the consumer has the opportunity to review the details of their order and 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 of Sale and forms the contract.
An email acknowledging receipt of the order and payment is sent by the seller as soon as possible.
Any modification of the order by the consumer after order confirmation is subject to the seller's acceptance. The seller reserves the right to make changes to the ordered product 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, particularly if the quantities of products ordered are abnormally high for buyers classified as consumers.
Article 7 - Contract
The sales contract is formed at the moment the consumer sends the confirmation of their order. Archiving of communications, order forms, and invoices is done on a reliable and durable medium to constitute a faithful and lasting copy in accordance with Article 1360 of the Civil Code (former C. civ., art. 1348). These communications, order forms, and invoices may be produced as proof of the contract.
Article 8 - Payment
The price is payable in full after order confirmation. Payment is made immediately at the time of order by credit card or PayPal.The site is equipped with an online payment security system allowing the consumer to encrypt the transmission of their banking data via the Payzen (Lyra Network) payment server. At no time will the consumer's banking data pass through Graine de pastel's IT system.
Article 9 - Delivery
Delivery means the transfer to the consumer of physical possession of the goods.
The seller will process the order as soon as possible from Monday to Friday. Graine de pastel commits to shipping orders within 3 business days following order confirmation, unless otherwise stated on the site (e.g., exceptional closure for annual holidays).
The order is handed over to 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 case of delivery delay of more than 5 business days (that is for 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 actions.
Products are delivered to the address provided by the customer on the order form.
If the product does not conform to the order, the consumer must file a claim with the seller to obtain a replacement product or possibly cancel the sale.
From the scheduled delivery date, ownership of the product is transferred to the buyer, except in cases where full payment has not been received at the time of order.
Article 10 - Product Returns and Right of Withdrawal
The consumer has a fourteen-day return period from the date of receipt of the order to return any item that does not suit them and request an exchange or refund, except for return shipping costs which remain their responsibility.
Returns must be made in their original and complete condition, allowing for resale as new, accompanied by the purchase invoice. Any product opened or damaged by the consumer will not be accepted for return.
The right of withdrawal can be exercised by sending a message via the contact form on the website or by email. (contact@grainedepastel.comOur customer service will promptly send you an acknowledgment email confirming the withdrawal.
The right of withdrawal can only be exercised if the products are returned in their original condition, allowing for resale. In case of withdrawal, Graine de pastel will refund all payments received (re-crediting the consumer’s credit card or Paypal account) after receipt and verification of 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 case of dispute, our team is available by email (contact@grainedepastel.com) to try to resolve the issue informally.
Article 13 - Applicable Law
This contract and the General Terms and Conditions governing it are subject to French law.