Article 1 Designation of the seller
The site www.grainedepastel.com is published by SAS GRAINE DE PASTEL, capital of € 96,932, 4 place Saint Etienne 31000 Toulouse, and registered since May 2003 at RCS Toulouse under number 448 567 131.
Article 2 - General provisions relating to these general conditions of sale ("GTC")
The GTC are applicable 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 having the right quality of consumers ("consumers") and constitute with the online order the contractual documents opposable to the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products which are only indicative.
The GTC are exclusively applicable to products delivered to consumers established in France and / or in a member country of the European Union. The T & Cs are originally drawn up as well as all the contractual information mentioned on the site: in French.
The T & Cs are made available to consumers on the site www.grainedepastel.com.
The GTC are enforceable against the consumer who acknowledges having read and accepted them before placing an order. The validation of the order by its confirmation constitutes acceptance by the purchaser of the GTC in force on the day of the order. The conservation 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 T & Cs at any time.
In the event of modification of the GTC, the applicable GTC are those in force on the date of the order, a copy of which dated to date 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 non-application of one or more clauses of the GTC by the seller cannot constitute a waiver on his part of the other clauses of the GTC which continue to produce their effects.
Article 3 - Products
The products offered for sale presented 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 various products for sale for individuals, including cosmetic preparations. Graine de pastel provides consumers with the elements necessary for the proper use of the products and cannot be held responsible for damage caused by improper use of the products sold on its site or by non-compliance with 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 immediately informs the buyer and can offer him a product of equivalent quality and price or, failing that, a purchase voucher for the amount of the order usable for very next order. If the buyer disagrees, the seller reimburses the sums paid within 5 working days. Apart from the reimbursement 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 him.
The products sold on the site may not be resold, or repackaged and resold without the written consent of Graine de pastel.
Article 4 - Price
The selling prices, in accordance with Article L. 112-1 of the Consumer Code, are indicated, for each of the products appearing in the electronic catalog, in euros all taxes included, excluding delivery and transport costs mentioned before validation of the order and invoiced additionally.
The total amount owed by the consumer is indicated on the order confirmation page.
The selling price of the product is that in force on the day of the order.
The selling price of the products does not include the shipping costs invoiced in addition to the price.
In the event of price promotion, the seller undertakes to apply the promotional price to any order placed during the promotion period.
The seller reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order. Additional costs of transport, delivery or postage, which the customer may have take note before ordering, are fixed 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 to these same areas.
They are valid, in the absence of a specific duration indication, 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 indicating the selected products and the desired quantities, then clicks on the “Order” button and provides 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.
Confirmation of the order implies acceptance of the GTC 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 of an order by the consumer after confirmation of his order is subject to acceptance by the seller. The seller reserves the right to make changes to the product ordered which are linked to technical development 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 and more particularly if the quantities of products ordered are abnormally high for buyers having the status of consumers.
Article 7 - Contract
The sales contract is formed when the consumer sends confirmation of his order. The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with article 1360 of the civil code (former C. civ., Art. 1348 ). These communications, purchase orders and invoices can be produced as proof of the contract
Article 8 - Payment
The price is payable in full after confirmation of the order. Payment is made immediately upon ordering by credit card or paypal.
The site is equipped with an online payment security system allowing consumers to encrypt the transmission of their bank details via Payzen (Lyra Network) electronic payment server. At no time will the consumer's bank details pass through Graine de pastel's computer system.
Article 9 - Delivery
Delivery means the transfer to the consumer of physical possession of the good.
The seller will process the order as soon as possible from Monday to Friday. Graine de pastel undertakes to ship orders within 3 working days of order confirmation, unless otherwise indicated on the site (ex: exceptional closure for annual leave)
The order is delivered to its shippers (Chronopost, GLS, La Poste, etc..) for delivery within 2 to 4 days in mainland France. Delivery times differ depending on the region or the 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 (delivery) + 5 days delay), the customer must inform the customer service 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 comply with the order, the consumer must send a complaint to the seller in order to obtain the replacement of the product or possibly the resolution of the sale.
From the scheduled delivery date, ownership of the product is transferred to the buyer, except in the event that full payment of the price has not been cashed when ordering.
Article 10 - Return of Products and right of withdrawal
The consumer has a right of return of fourteen days from receipt of his order to return any item that does not suit him and request the exchange or refund with the exception of the return costs which remain at his charge.
Returns must 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 taken back.
The right of withdrawal can be exercised by sending a message via the contact form on the site, or an e-mail (email@example.com). Our customer service will send you an email acknowledging receipt of the withdrawal without delay.
The right of withdrawal can only be exercised if the products are returned in their original condition, allowing them to be re-marketed. In the event of withdrawal, Graine de pastel will reimburse all payments received (re-crediting of the consumer's bank card or Paypal account), after receipt and verification of the products.
Article 11 - Processing of personal data
Article 12 - Dispute resolution
Graine de pastel cannot be held responsible for any damage resulting from improper use of its products. In the event of a dispute, our team is at your disposal by e-mail (firstname.lastname@example.org) in order to try to resolve this dispute informally.
Article 13 - Applicable law
This contract and the GTC governing it are subject to French law.