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Introduction

The retail website www.grainedepastel.com is run by the company Graine de pastel a public limited company with a capital of334 740.04 euros, located  4, place Saint-Etienne - 31000 Toulouse, registered on the Register of companies of Toulouse under the number 448 567 131. Products marketed on this website are intended for personal use. Consequently, the amount of an order will not have to exceed 200 euros. Any order superior to this amount will be considered invalid. Products put on sale on the www.grainedepastel.com website are accessible to every people being over 18, having legal capacity. Any order of a product proposed on this site supposes the consultation and the express acceptance of the present general terms of sale, without however, a buyer-handwritten signature approves this acceptance. According to provisions of the articles 1316 - 1316-4 of the Civil code, completed by the Decree N 2001-272 of March 30th, 2001 (application of the article 1316-4 of the civil code) concerning the electronic signature, the validation of the order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and is worth proof of the completeness of the order and the payability of the sums owed pursuant to the aforementioned order.

Article 1. Availability and products prices

Products proposed in the sale by Graine de pastel are the ones which appear on the website on the day of its consultation and while stocks last. In case of unavailability of one of the products, the buyer will be informed about it at the latest during the delivery of the order. Graine de pastel can then substitute the unavailable product (s) by one (of) (the) similar, valuable product (s) at least equivalent. If he does not wish to keep the substituted product, the buyer can obtain the refund of the product replaced, sending the substituted, not used, in its packaging and its original packing, at the following address: Graine de pastel, 4 place Saint-Etienne, 31000 Toulouse.
The buyer will have to join to his parcel a written request specifying the reasons of the return and the number of his order.

The prices are indicated in euro. They take into account possible reductions as well as the VAT applicable the day of the order except important modifications of expenses in particular VAT. The prices indicated on the website are guaranteed until the deadline of validity indicated in the offer. The indicated prices do not take into account postage and a packaging which will be charged in addition, according to the rate indicated for each shipping countries.
Special offers and reductions in price are valid only for a single order by household and over a given period of validity.
Graine de pastel reserves the right to modify its prices at any time but products will be charged on the basis of the current rates at the time of the order recording, under reserve of the aforementioned products availability.

Article 2. Order validation

When the buyer fills all the information requested, he can choose the payment method to confirm his order. By choosing to pay immediately by credit card, the buyer will be switched automatically to the payment server of the BNP, secured by SSL encryption (Secure Socket Layer) to protect more efficiently all the data related to payment, and the bank account of the user doesn’t travel over the computer system of Graine de pastel, thus releasing its responsibility. Upon the confirmation of payment, the order is recorded and becomes irrevocable. According to Article 5 below, the buyer has a right to exchange or refund for a period of seven (7) days from the date of receipt of goods. A summary of the order (the transaction number and the order) will be sent to the e-mail address at the moment of order. 

Article 3. Payment

The amount owed by the buyer is shown on the order confirmation sent by email by Graine de pastel to the buyer. Payment of the full price is due as soon as the order is made, it may be by credit card (Visa, Eurocard / Mastercard), Paypal, or by check payable to Graine de pastel. If the buyer decides to use one of two ways mentioned above, the order will be confirmed when Graine de pastel receives it and has the validity of the payment. Graine de pastel reserves the right to refuse any order or delivery if it exceeds the limits outlined in the preamble hereof, an ongoing dispute with the purchaser for non-payment or part payment of a previous order, refusal to authorize payment by credit card banking organizations, non-payment or partial payment. Responsibility of Graine de pastel will not be involved in any way.

Article 4. Delivery

Graine de pastel will ship the order within two (2) to fourteen (14) working days from the day following the validation of order. Products will be shipped by regular postal services, Graine de pastel disclaims any liability if the delivery time is too important because of postal services, as well as if the products are lost or if there are strikes.  Purchasers bear the transport risks and shall make a reasoned protest from the postal service within three working days after delivery. Moreover, it is stated that the ownership of the products ordered will be transferred to the buyer until full payment of the invoice price, and this includes shipping. Despite the care taken in the preparation of orders, Graine de pastel cannot guarantee availability of all products at the same time, if one of them is missing or after conveyance of the parcel, was defective, the buyer will necessarily report any discrepancies on the day of receipt or no later than the first working day of receipt in Graine de pastel , sending by mail addressed to Graine de pastel, 4, place Saint-Etienne Toulouse 31000, or e-mail to contact@grainedepastel.com , or by phone at ++33562170084 from 9am to 19pm, Monday to Friday. Any complaint made after this time will be rejected and Graine de pastel will be relieved of all liability. Graine de pastel reserves the right to ask the buyer to return the defective product. If the above conditions are met, Graine de pastel will then conduct an exchange or refund of (these) defective product (s) or at the dispatch of the missing product (subject to the purchaser request the request).

Article 5. Right of retraction

The buyer has seven (7) days to return, expenses falling upon him, the product (s) ordered (s) if the purchaser isn’t satisfied. This period starts from the day the buyer receives his order. The product (s) will be returned in its (their) condition(s) and its (their) original packaging(s) to the following address: Graine de pastel, 4 place Saint-Etienne, 31000 Toulouse.
If these conditions are met, Graine de pastel will refund the buyer within thirty (30) days from the day of receipt of the package by Graine de pastel.

Article 6. Computing and Freedoms (Rights)

Personal information required during the sale is mandatory and necessary for the processing and delivery of orders, preparing invoices (bills) and loyalty cards. According to the Data Protection Act No. 78-17 of 6 January 1978, the buyer has a right to access and to claim rectification and opposition on the data about him.
Graine de pastel will be asked to provide personal information to its trading partners. The buyer will be able to receive commercial offers from Graine de pastel or third parties, unless express refusal on his part, the data may be communicated to trading partners Graine de pastel. Email address will not be used by Graine de pastel or communicated to its partners with the express consent of the buyer. The purchaser can indicate his refusal by mail or by e-mail to the following address:
Graine de pastel, 4 Place Saint Etienne 31000 Toulouse FRANCE or: contact@grainedepastel.com

Article 7. Other stipulations

Force majeure

Graine de pastel will be responsible for non-performance of its obligations under this contract if it is caused by a case of force majeure, particularly in cases of disruption or total or partial strike of postal services and means of transport and / or communications, flood or fire. Will be considered as case of force majeure the criteria established by the jurisprudence of the 2nd Civil Chamber of the Court of Cassation. In the presence of a case of force majeure, Graine de pastel will notify the user / buyer within five (5) working days of the occurrence or threat of this case. Beyond a period of one (1) month of break due to force majeure, Graine de pastel will not be required to honor the order, and could refund the buyer if necessary.

Validity of the contract

These general conditions of sale and the order summary sent to the buyer form a contract and constitute the entire contractual relationship between the parties. All orders for products distributed by Graine de pastel imply the unconditional acceptance of the terms of sale above, valid since 01/01/2015. These cancel any different or opposite provision, indicated on the customer documents. These general conditions of sale and the contractual relationship between Graine de pastel and the purchaser are subject to French law. In case of dispute, an amicable solution will be sought before any legal action.