LEGAL NOTICES
This website, accessible at the URL www.green-matcha.com (the "Site"), is published by:
GREEN, a simplified joint-stock company with a capital of 100.00 euros, registered with the Paris Trade and Companies Register under number 981 077 977, whose registered office is located at 229 rue Saint-Honoré, 75001 Paris, represented by CJ, duly authorized.
Intra-Community VAT number: FR94981077977
Publishing Director: GREEN
Address: 229, Rue Saint Honoré, 75001 Paris
Contact: contact@green-matcha.com
Phone number in France: +33640166369
Swiss telephone number: +41798959987
Hosting provider: Shopify Inc.
151 O'Connor Street, Ground Floor, Ottawa, Ontario K2P 2L8, Canada
Website: www.shopify.com
GREEN GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (hereinafter the "GENERAL TERMS AND CONDITIONS") apply to any purchase made by an internet user / natural person (hereinafter the "CUSTOMER") on the website www.green-matcha.com (hereinafter the "SITE") from GREEN, a simplified joint-stock company with a capital of 100.00 euros, registered with the Paris Trade and Companies Register under number 981 077 977, whose registered office is located at 229 rue Saint-Honoré, 75001 Paris, represented by CJ, duly authorized. Tel: +33 6 40 16 63 69, Email: contact@green-matcha.com (hereinafter the "SELLER").
Article 1. Definition
The terms used below have the following meanings in these General Terms and Conditions:
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“CLIENT”: refers to the SELLER’s contracting party, who warrants that they qualify as a consumer as defined by French law and case law. As such, it is expressly stipulated that this CLIENT is acting outside of any usual or commercial activity.
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“DELIVERY”: refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated when ordering.
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“PRODUCTS”: refers to all products available on the SITE.
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“TERRITORY”: refers to Metropolitan France, including Corsica (excluding overseas departments and territories) and the countries of the European Union.
Article 2. Purpose
These General Terms and Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.
The CLIENT is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.
Article 3. Acceptance of the general terms and conditions
The CLIENT agrees to carefully read and accept these General Terms and Conditions before proceeding with payment for an order of PRODUCTS placed on the SITE.
These General Terms and Conditions are referenced at the bottom of each page of the WEBSITE via a link and must be consulted before placing an order. The CUSTOMER is advised to read carefully, download, print the General Terms and Conditions and keep a copy.
The SELLER advises the CUSTOMER to read the General Terms and Conditions with each new order, the latest version of said Conditions applying to any new order of PRODUCTS.
Article 4. Purchase of products on the website
The CUSTOMER will be asked to provide identifying information by completing the form available on the WEBSITE. The CUSTOMER can check the status of their order on the WEBSITE.
Delivery tracking can, where applicable, be carried out using the online tracking tools of certain carriers.
The CUSTOMER can also contact the SELLER's sales department at any time by email at contact@green-matcha.com to obtain information on the status of their order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date.
The SELLER reserves the right to request the CLIENT to confirm, by any appropriate means, their identity, eligibility and the information provided.
Article 5. Orders
Article 5.1 Product Characteristics
The SELLER endeavors to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Terms and Conditions).
The CLIENT agrees to read this information carefully before placing an order on the SITE.
The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, particularly in light of constraints related to its suppliers.
Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER comply with current European legislation and applicable standards in France.
Article 5.2. Ordering Procedure
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's starting page, the steps may differ slightly):
5.2.1. Product Selection and Purchase Options
The CUSTOMER must select the PRODUCT(S) of their choice by clicking on the relevant PRODUCT(S) and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT
is placed in the CUSTOMER's shopping cart. The customer can then add as many PRODUCTS as they wish to their cart.
5.2.2. Commands
Once the PRODUCTS have been selected and placed in their shopping cart, the CUSTOMER must click on the cart and verify that the order contents are correct. If the CUSTOMER has not already done so, they will then be prompted to log in or register.
Once the CUSTOMER has validated the contents of the basket and has identified/registered, an online form will be displayed for their attention, automatically completed and summarizing the price, applicable taxes and, where applicable, delivery charges.
The CUSTOMER is invited to check the contents of their order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the payment method and the price) before validating its contents.
The CUSTOMER can then proceed to pay for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for the invoicing and DELIVERY of the PRODUCTS.
Regarding PRODUCTS for which options are available, these specific references appear when the correct options have been selected.
Orders placed must include all the information necessary for the proper processing of the order.
The CUSTOMER must also indicate the chosen delivery method.
5.2.3. Acknowledgement of receipt
Once all the steps described above are completed, a page will appear on the WEBSITE to acknowledge receipt of the CUSTOMER's order. A copy of the order acknowledgment will be automatically sent to the CUSTOMER by email, provided that the email address provided via the registration form is correct.
The SELLER does not send any order confirmation by mail or fax.
5.2.4. Billing
During the ordering process, the CUSTOMER will have to enter the information necessary for billing (the sign (*) will indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).
The CUSTOMER must clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any access code to the DELIVERY address.
The CLIENT will then have to specify the chosen payment method.
Neither the order form that the CUSTOMER completes online, nor the order acknowledgment that the SELLER sends to the CUSTOMER by email, constitutes an invoice. Regardless of the method of
order or payment method used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
5.3. Order Date
The order date is the date on which the SELLER acknowledges receipt of the order online. The delivery times indicated on the WEBSITE only begin to run from this date.
5.4. Price
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros including all taxes, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
Prices include French value-added tax (VAT) at the rate in effect on the order date. Any change in the applicable rate may affect the price of the PRODUCTS from the date the new rate comes into effect.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices displayed on the SITE may change. They may also be modified in the event of special offers or sales.
The prices shown are valid, except in the case of obvious error. The applicable price is the one displayed on the WEBSITE on the date the order is placed by the CUSTOMER.
5.5. Product Availability
Depending on the product in question, the seller applies a "just-in-time" inventory management system. Therefore, product availability depends on the seller's stock levels.
The SELLER undertakes to honor orders received subject to the availability of the PRODUCTS.
The unavailability of a PRODUCT is generally indicated on the relevant PRODUCT page. CUSTOMERS may also be notified by the SELLER when a PRODUCT is back in stock.
In any event, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
The SELLER may, at the CLIENT's request:
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Alternatively, we could offer to ship all the PRODUCTS at the same time as soon as the out-of-stock PRODUCTS are available again.
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Either proceed with a partial shipment of the available PRODUCTS initially, then ship the remainder of the order when the other PRODUCTS become available, subject to clear information regarding any additional shipping costs that may be incurred.
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Either offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT
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If the CLIENT decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for the unavailable PRODUCTS, without delay and at the latest within thirty (30) days of payment.
Article 6. Right of withdrawal
In accordance with Article L221-18 of the Consumer Code, as a consumer, you have the right to withdraw within 14 days without having to justify your decision.
The withdrawal period expires after 14 days from the date on which you or a third party other than the carrier you have designated takes physical possession of the products or, in the case of several products forming part of the same order but delivered separately, after 14 days from the date on which you or a third party other than the carrier you have designated takes physical possession of the last product ordered.
To exercise your legal right of withdrawal, please notify the seller before the expiry of this 14-day period, by an unambiguous written statement either: - in writing: either by mail, preferably using the pre-printed return form in your package, or by sending a letter to the following address: Customer Service 229 rue Saint-Honoré, 75001 Paris; - by email to contact@green-matcha.com or by calling 06.40.16.63.69.
You have the option of using the withdrawal form attached by the Seller, although this is not mandatory.
The terms and conditions of the right of withdrawal are set out in the “withdrawal policy”, which is available in Appendix 1 hereto and accessible at the bottom of each page of the SITE via a hyperlink.
Article 7. Payment
7.1. Payment methods
The CUSTOMER can pay for their PRODUCTS online on the SITE using the methods offered by the SELLER, namely:
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Credit card
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PayPal
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Google Pay
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Apple Pay
The CLIENT warrants to the SELLER that he/she has all the necessary authorizations to use the chosen payment method.
The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online in connection with online payment on the SITE.
It is hereby specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
In the case of a single payment by credit card, the CLIENT's account will be debited as soon as the order for PRODUCTS is placed on the SITE.
In the case of a single payment by credit card, the CLIENT's account will be debited as soon as the order for PRODUCTS is placed on the SITE.
7.2. Late or refusal to pay
If the bank refuses to debit a card or other payment method, the CUSTOMER must contact the SELLER's Customer Service to pay for the order using another valid payment method. If, for any reason whatsoever, including but not limited to chargebacks, refusals, or other issues, the transfer of funds owed by the CUSTOMER proves impossible, the order will be cancelled and the sale automatically terminated.
Article 8. Evidence and archiving
Any contract concluded with the CLIENT corresponding to an order of an amount exceeding 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.
The SELLER agrees to archive this information in order to track transactions and to produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SELLER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Delivery
The Seller makes every effort to ship your orders as quickly as possible and in the order they were placed. While we do our best to deliver within the stated timeframe, delivery may sometimes take longer due to unforeseen circumstances.
In the unlikely event that the delivery time exceeds 30 days, it is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CLIENT must formally request delivery from the SELLER within a reasonable timeframe, and if delivery is still not made within this timeframe, the CLIENT may terminate the contract. The SELLER will reimburse the CLIENT, without undue delay from the date of receipt of the termination notice, the total amount paid for the PRODUCTS, including taxes and delivery charges, using the same payment method used by the CLIENT to purchase the PRODUCTS.
Before placing your order, you will be informed of the estimated delivery times. In accordance with Article L216-1 of the French Consumer Code, once you have placed your order, you will receive a confirmation email containing the estimated delivery times (provided you have previously given us your email address).
If the ordered products are unavailable for delivery, the seller must immediately inform the consumer and may offer a product of equivalent quality and price. If the consumer disagrees with this offer, they will be reimbursed within fourteen days. Stock shortages are also possible, potentially leading to a refund. In accordance with Article L216-2, if delivery is not made, the sale is cancelled and the contract terminated. The seller is obligated to reimburse all sums paid, including shipping costs, within 14 days of being notified by the consumer.
If a package is marked as delivered on the tracking link, but the customer claims not to have received it, the Seller is not liable. In the event of package theft, the Customer must file a claim with the shipping company and the relevant authorities.
In accordance with Article L.133-3 of the French Commercial Code, it is the CLIENT's responsibility to check the condition of the goods upon receipt. In the event of damage, partial loss, or non-conformity noted upon delivery, the CLIENT must: make all specific and substantiated reservations on the delivery note or transport receipt, and confirm these reservations to the carrier by registered letter with acknowledgment of receipt within a maximum of three (3) days, excluding public holidays, following receipt of the goods. Failure to comply with this procedure and this time limit extinguishes any claim against the carrier and releases the SELLER from all liability in this respect.
Article 10. Packaging
The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY.
CUSTOMERS agree to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 relating to the withdrawal policy.
Article 11. Guarantees
11.1. Guarantee of conformity
The Seller undertakes to deliver goods conforming to the contractual description and to the criteria set out in Article L217-5 of the Consumer Code.
In the event of a lack of conformity, the Customer may demand that the delivered product be brought into conformity by repair or replacement or, failing that, a price reduction or cancellation of the sale, in accordance with applicable law. It is the Customer's responsibility to request that the Seller bring the product into conformity, choosing between repair and replacement. The product must be brought into conformity within a period not exceeding thirty days of the Customer's request.
In the event of replacement of the non-conforming product when, despite the Customer's choice, the Seller has not brought it into conformity, the replacement starts a new period of legal guarantee of conformity for the benefit of the Customer, from the date of delivery of the replaced Product.
If the requested compliance is impossible or entails disproportionate costs under the conditions set forth in Article L 217-12 of the French Consumer Code, the Seller may refuse it. If the conditions set forth in Article L 217-12 of the French Consumer Code are not met, the Customer may, after formal notice, seek specific performance of the initially requested solution, in accordance with Articles 1221 et seq. of the French Civil Code.
The Customer may finally demand a price reduction or the cancellation of the sale (unless the lack of conformity is minor) in the cases provided for in Article L 217-14 of the Consumer Code.
When the lack of conformity is so serious that it justifies a price reduction or the immediate cancellation of the sale, the Customer is not required to first request the repair or replacement of the non-conforming product. The price reduction is proportional to the difference between the value of the delivered product and its value in the absence of the lack of conformity.
In the event of cancellation of the sale, the Customer is reimbursed for the price paid upon return of the non-conforming product to the Seller, at the latter's expense.
The refund is made upon receipt of the non-conforming product by the Customer and at the latest within fourteen days thereafter, using the same payment method as that used by the Customer when making the payment, unless expressly agreed to by the latter and in any event without additional charges.
The foregoing provisions are without prejudice to the possible award of damages to the Client, in respect of the harm suffered by the latter as a result of the lack of conformity.
Article L. 217-3 of the Consumer Code:
"The seller delivers goods that conform to the contract and to the criteria set out in Article L. 217-5. He is liable for defects of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within a period of two years from the date of delivery.
In the case of a sales contract for goods containing digital elements:
1° Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the duration of supply, the seller is liable for defects in conformity of this digital content or digital service which appear within two years of delivery of the goods;
2° Where the contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the seller is liable for defects in conformity of that digital content or digital service which appear during the period during which it is supplied under the contract.
For such goods, the applicable time limit does not deprive the consumer of their right to updates in accordance with the provisions of Article L. 217-19.
The seller is also liable, during the same periods, for defects of conformity resulting from packaging, assembly instructions, or installation when the latter was his responsibility under the contract or was carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to deficiencies or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity. » Art. L. 217-5 of the Consumer Code:
“I.-In addition to the criteria for conformity to the contract, the goods are compliant if they meet the following criteria: 1° They are fit for the purpose for which goods of the same type are normally used, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, the specific codes of conduct applicable to the sector concerned; 2° Where applicable, they possess the qualities which the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
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3° Where applicable, the digital elements it contains shall be provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where appropriate, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
6. It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect from goods of the same type, having regard to the nature of the goods and the public statements made by the seller, by any
anyone upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or labelling.
II.-However, the seller is not bound by all public statements mentioned in the preceding paragraph if he demonstrates: 1° That he did not know them and was not legitimately in a position to know them;
2° That at the time the contract was concluded, the public statements had been rectified under conditions comparable to the initial statements; or
3° That the public statements could not have had any influence on the purchase decision.
III.-The consumer may not contest conformity by invoking a defect concerning one or more
specific characteristics of the goods, which he was specifically informed deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when concluding the contract.
11.2. Warranty against hidden defects
The Seller is liable for hidden defects under the legal warranty against latent defects arising from a flaw in materials, design, or manufacturing that affects the delivered product and renders it unfit for use. The Customer may choose to invoke the warranty against hidden defects in accordance with Article 1641 of the French Civil Code; in this case, they may choose between rescinding the sale or obtaining a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receiving the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: 229 rue Saint-Honoré, 75001 Paris.
The action resulting from latent defects must be brought by the CLIENT within two (2) years from the discovery of the defect.
Article 12. Liability
The SELLER shall not be held liable in any event for non-performance or improper performance of contractual obligations attributable to the CLIENT, in particular during the entry of their order.
The SELLER shall not be held liable, or considered to have failed to comply with these terms, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of French courts and tribunals.
Article 13. Personal Data
The SELLER collects personal data about its Customers on the SITE, including through the use of cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has chosen this option, send them commercial prospecting mailings, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CLIENT's data is kept confidential by the SELLER in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.
Customers can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its business partners, provided that the CUSTOMERS have given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their minds at any time on the WEBSITE or by contacting the SELLER.
The SELLER may also ask its CUSTOMERS if they wish to receive marketing communications from its partners.
In accordance with French law no. 78-17 of 6 January 1978 concerning information technology, data files and civil liberties, the CLIENT has the right to access, rectify, object to (for legitimate reasons) and delete their personal data. They may exercise this right by sending an email to contact@green-matcha.com or by sending a letter to 229 rue Saint-Honoré, 75001 Paris, France.
It is specified that the CLIENT must be able to prove their identity, either by scanning an identity document, or by sending the SELLER a photocopy of their identity document.
Article 14. Protection of personal data and telephone marketing
The Seller, acting as data controller, processes Customers' personal data for the purposes of:
- Providing customers with information regarding their order;
- Managing the contractual relationship;
- Sending communications about the Seller's products and services; - Handling complaints;
- litigation management;
- invoicing and payment collection;
- Conducting surveys and satisfaction polls;
The data collected directly or indirectly by the Seller is necessary for these processing operations and is intended for the relevant departments of the Seller, as well as, where applicable:
- to its subsidiaries, partners, subcontractors or service providers;
- to the legally authorized authorities.
The legal basis for processing the Client's personal data is:
- the execution of the contract which binds the Client to the Seller (informing Clients about their order, managing the contractual relationship, handling complaints, managing disputes, invoicing and collecting payments);
- the legitimate interest of the Seller (sending communications about the Seller's products and services, conducting surveys and satisfaction questionnaires, developing statistical studies through an evaluation of
segmentation and profiling behaviors);
- the Client's consent for commercial prospecting by electronic means;
- the execution of a legal obligation (Transmission to legally authorized authorities).
The Client's personal data is kept for the duration of the business relationship plus the applicable legal limitation periods.
In accordance with Law No. 78-17 of 6 January as amended relating to information technology, files and freedoms and European Regulation No. 2016/679/EU known as the General Data Protection Regulation (GDPR), the Client has a right of access, erasure, restriction of processing, rectification and portability of his data, as well as the right to define general and specific instructions defining how he wishes these rights to be exercised after his death.
The Client also has the right to object at any time, for reasons relating to his or her particular situation, to the processing of personal data which is based on legitimate interest.
The Customer may exercise these rights by sending an email or a signed letter accompanied by a photocopy of an identity document to the following address: SOCIÉTÉ GREEN MATCHA, 229 rue Saint-Honoré, 75001 Paris.
The Client also has the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés, the supervisory authority responsible for ensuring compliance with obligations regarding the protection of personal data, located at 3, place de Fontenoy 75007 Paris.
In accordance with Article L. 223-2 of the Consumer Code, the Customer is informed that, if he does not wish to be contacted for commercial purposes by telephone, he has the right to object to telephone solicitation by entering his landline and/or mobile phone numbers on the free opt-out list accessible via the website www.bloctel.gouv.fr.
Article 15. Complaints
The SELLER provides the CUSTOMER with a "Customer Telephone Service" at the following number: 06.40.16.63.69 (non-premium rate number) from 10am to 5pm or by email: contact@green-matcha.com.
Any written complaint from the CLIENT must be sent to the following address: 229 rue Saint-Honoré, 75001 Paris.
Article 16. Intellectual Property
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hyperlink to the SITE must request written authorization from the SELLER.
This authorization from the SELLER is not granted permanently under any circumstances. This link must be removed at the SELLER's request. Hyperlinks to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Article 17. Validity of the General Terms and Conditions
Any modification to applicable laws or regulations, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions, shall not affect the validity of these General Terms and Conditions. Such a modification or decision shall in no way authorize CLIENTS to disregard these General Terms and Conditions.
All conditions not expressly addressed herein shall be governed in accordance with the custom of the retail sector for companies whose registered office is located in France.
Article 18. Amendment of the General Terms and Conditions
These General Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Terms and Conditions are dated and may be modified and updated by the SELLER at any time. The applicable General Terms and Conditions are those in effect at the time of the order.
The changes made to the General Terms and Conditions will not apply to PRODUCTS already purchased.
Article 19. Dispute
All disputes arising from purchase and sale transactions concluded under these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences and subsequent effects, which could not be resolved amicably between the seller and the customer, shall be submitted to the competent courts under the conditions of common law.
In the event of a dispute, and after a written complaint to our services has been unsuccessful, any customer acting as a consumer (non-professional) may contact the CNPM Mediator free of charge with a view to an amicable resolution of their dispute.
Postal address: CNPM – CONSUMER MEDIATION 27 avenue de la Libération 42400 Saint-Chamond contact-admin@cnpm-mediation-consommation.eu
Website: https://www.cnpm-mediation-consommation.eu where you can submit your mediation request online and consult information relating to the mediation process.
If the dispute has to be brought before the courts, it is recalled that pursuant to Article L 141-5 of the Consumer Code: the consumer may, at his choice, in addition to one of the courts territorially competent under the Code of Civil Procedure, bring the matter before the court of the place where he resided at the time of the conclusion of the contract or of the occurrence of the harmful event .
It is also recalled that, in accordance with Article 14 of Regulation (EU) No 524/2013, the Commission
The European Union has established an Online Dispute Resolution platform, facilitating the independent, out-of-court resolution of online disputes between consumers and businesses within the European Union: https://ec.europa.eu/consumers/odr
Article 20. Jurisdiction and applicable law
These General Terms and Conditions and the relationship between the CLIENT and the SELLER are governed by French law.
In the event of a dispute, only the French courts will have jurisdiction.
However, prior to any recourse to arbitration or state court, negotiation in a spirit of loyalty and good faith will be preferred in order to reach an amicable agreement in the event of any conflict relating to this contract, including its validity.
The party wishing to initiate the negotiation process must inform the other party by registered letter with acknowledgment of receipt, specifying the elements of the dispute. If, after a period of fifteen (15) days, the parties fail to reach an agreement, the dispute will be submitted to the competent jurisdiction designated below.
Throughout the negotiation process and until its conclusion, the parties agree not to initiate any legal action against each other regarding the dispute that is the subject of the negotiation. As an exception, the parties are permitted to bring an action before the summary proceedings court or to request an ex parte order. Any action before the summary proceedings court or the initiation of an ex parte procedure does not constitute a waiver by the parties of the amicable settlement clause, unless expressly stated otherwise.
APPENDIX 1 - WITHDRAWAL FORM
WITHDRAWAL FORM
Seller's telephone number*:
SELLER'S email address*:
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
Product Reference
Invoice number:
Purchase order number:
Ordered on [____________]/received on [________________]
- Payment method used:
- Name of the CLIENT and, where applicable, of the recipient of the order:
- Customer address:
- Delivery address:
- Client's signature (except in the case of transmission by email)
- Date
In order for the withdrawal period to be respected, the CLIENT must send their communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of retraction
In the event of withdrawal by the CLIENT, the SELLER undertakes to reimburse all sums paid, including delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the day on which the SELLER is informed of the CLIENT's intention to withdraw.
The SELLER will make the refund using the same payment method that the CLIENT used for the initial transaction, unless the CLIENT expressly agrees to a different method; in any event, this refund will not incur any costs for the client.
The SELLER may postpone the refund until the goods are received. The SELLER will inspect the PRODUCT for non-conformity, and if this is confirmed, a refund will be issued to the CUSTOMER.
All risks associated with the return of the PRODUCT remain the responsibility of the CUSTOMER.
The CLIENT must, without undue delay and in any event no later than fourteen (14) days after communicating their decision to withdraw from this contract, return the goods to: 229 rue Saint-Honoré, 75001 Paris
This deadline is deemed to have been met if the CLIENT returns the goods before the expiry of the fourteen (14) day period.
In the event of cancellation, the CLIENT will be responsible for the direct costs of returning the goods.
The PRODUCT must be returned according to the SELLER's instructions and must include all accessories that were delivered.
The CLIENT is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the PRODUCT. In other words, the CLIENT may test the PRODUCT, but will be held liable if they perform any handling other than what is necessary.
The products are packaged in accordance with current transport standards to ensure maximum protection during delivery. Customers must adhere to the same standards when returning products. Therefore, customers are asked to return any unsuitable product in its original packaging and in good condition, suitable for resale.
