Terms of online sale
This website www.grungemama.fr (hereafter “the Website”) is published by the company Grungemama, a simplified single shareholder company with social capital of 3000 euros, registered on the Toulouse trade and companies register with registration number 819704990, with intra-community VAT number FR 82819704990 and with its registered office at 5 Rue Sainte Ursule 31000 TOULOUSE. Purchases on the Website are exclusively reserved for buyers and consumers. These sale terms and conditions are concluded between Grungemama (hereafter “the Seller”) and any non-commercial legal person (hereafter “the Buyer”) wanting to purchase the products on sale on the Website (the “Products”).
Article 1 - Totality These terms and conditions express the totality of the Seller’s and Buyer’s obligations (hereafter “the Parties”) The Buyer is assumed to accept these obligations without reservation. These terms and conditions apply to the exclusion of all other terms and conditions, including those that apply to in-store purchases or purchases made through other distribution and sales channels. They are accessible on the Website and will prevail over any other version or any contradicting document. The Parties agree that these terms of sale exclusively govern their relationship. The Seller reserves the right to modify these terms of sale occasionally. The modified terms shall be applicable as soon as they are published online. Should any of these terms be considered null and void, current practices in the distance selling sector for companies with registered office in France shall apply.
Article 2 - Content The purpose of these terms of sale is to define the rights and obligations of each party within the context of the online sale of goods offered to the Buyer by the Seller through the Website. The Buyer declares that they acknowledge these terms of sale and accept them before any immediate purchase or before submitting an order. To this end, the Buyer is subject to Article 1119 of the French Civil Code. Article 3 - Pre-contractual information The Buyer acknowledges having been informed of these terms and conditions and all the information listed in article L. 221- 5 of the Consumer Code prior to placing their order and concluding the contract and can be easily read and understood. Article 4 - Ordering The Buyer may submit an online order via the online catalogue, subject to availability. Should an ordered product be unavailable, the Buyer will be informed by email. Placing an order on the Website is subject to compliance with the procedure implemented by the Seller. This procedure includes various steps that lead to order confirmation. To be able to place an order, the Buyer must register on the Website by creating an account that contains their details (“the Account”). When creating an Account, the Buyer must make sure the information they provide is accurate and complete. The Buyer is obliged to keep this personal information updated at all times. Should there be an error in the recipient’s details, the Seller shall not be held responsible for the non-delivery of the Products. The Buyer may select their desired Products to be added to the basket (“the Basket”). The Basket summarises the Products chosen by the Buyer, as well as their respective prices and fees that apply to them. The Buyer may modify their Basket freely before placing the order. For the order to be submitted, the Buyer must accept these terms of sale by clicking in the indicated area. They must also choose the address and delivery method, then confirm the payment method. Submitting the order constitutes the Buyer’s acceptance of these terms of sale, as well as confirmation of the products purchased, their price and any associated fees. The sale will be considered final once the Seller has sent confirmation of acceptance of the order to the Buyer via email, and once the Seller has received the full price of the Product(s). In certain cases, including failure to pay, an address error or any problem with the Buyer’s account, the Seller reserves the right to block the Buyer’s order until the problem is resolved. This Product will then be cancelled and any refund required will be made, while the rest of the order will remain confirmed and final. Article 5 - Electronic signature The final order validation will be proof of the Buyer's agreement to: - the due date of the sums due for the order - the signing and express acceptance of all transactions carried out. Article 6 - Order confirmation A confirmation email summarising the order (Products, prices, product availability, quantity, etc.) will be sent to the Buyer. To this end, the Buyer formally accepts the use of confirmation email containing their order content from the Seller. Email confirmation of order acceptance by the Seller includes all the information provided for in Article L.221-5 of the Consumer Code. These terms of sale and a withdrawal form (consistent with the form available on the Website and defined in Article 16 below) will be attached to this email. Article 7 - Proof of Transaction Computerised records, kept on the Seller’s IT systems under reasonable security conditions, will be considered proof of the communication, orders and payments between the Parties. Orders and invoices are archived on a reliable, durable backup medium, and may be submitted as proof. Article 8 - Product information The Products governed by these terms of sale are those that appear on the Website and that are indicated as sold and dispatched by the Seller. They are subject to availability. The Products are described and presented as accurately as possible. However, the Seller shall not be held responsible for any errors or omissions in these Product descriptions. Photographs of the Products are not contractually binding. Article 9 - Prices The Seller reserves the right to modify prices at any time, but agrees to apply the prices in effect indicated when the order is placed, subject to availability on this date. All prices are indicated in euros. They do not include shipping fees, which are charged separately and indicated before the order is placed. Prices include the VAT applicable on the day the order is placed, if applicable, and any changes in the applicable VAT rate will be automatically applied to the price of Products in the online shop. The full price must be paid when the order is placed. Under no circumstances shall the amounts paid be considered a deposit or advance payment. If any taxes or contributions (especially environmental) are introduced or modified (increased or reduced), this change may be applied to the Products’ sale price. Article 10 - Payment methods All orders entail the obligation to pay, which means that submitting an order implies that the Buyer must pay. Products are payable in full once the order is submitted. Payment may be made by bank transfer, cheque or bank card via the secure SYSTEMPAY platform. The Buyer expressly acknowledges that, by providing the Seller with their bank card number, they are authorising the price of the ordered Products to be debited from their bank account. Where applicable, an Order cancellation notification due to non-payment is sent by the Seller to the Buyer via the email address the Buyer provided when registering on the Website. The data recorded by SYSTEMPAY constitutes proof of all financial transactions between the parties. The Buyer guarantees the Seller that they have the authorisation required to use the chosen payment method when the order form is submitted. The Seller reserves the right to cease processing of the order and cancel delivery should the card payment be refused by the officially accredited body or in the event of non-payment. The Seller especially reserves the right to refuse to deliver or honour an order from a Buyer who has not paid in full for a previous order or with whom a payment dispute is ongoing. Article 11 - Product availability – Delivery – Termination Except in the case of force majeure or during periods when the online shop is closed which will be announced clearly on the Website’s home page, dispatch times, which are subject to availability, count from the date on which the order is recorded (indicated in the order confirmation email) and vary between two (2) and five (5) days. Delivery takes place in the following days, and in any event within a maximum period of fifteen (15) days from the order registration date indicated on the order confirmation email. Should the maximum agreed delivery time not be respected, the Buyer must, before terminating the contract, request that the Seller deliver during a reasonable extra time period. Should this new period expire, the Buyer may freely terminate the contract. The Buyer must carry out this procedure via registered letter with acknowledgement of receipt or in writing via another durable medium. The contract will be considered terminated once the Seller receives the letter or piece of writing notifying of this termination, unless the Seller has acted in the meantime. The Buyer may terminate the contract immediately, however, if they consider the dates or times detailed above an essential condition of the contract. In this case, when the contract is terminated, the Seller is required to reimburse the Buyer for all sums paid, within 14 days of the date on which the contract was terminated at the latest. Article 12 - Delivery methods Delivery is defined as the transfer of physical possession or control of the Product to the Buyer. It only occurs once the Seller’s banking entity has confirmed payment. The Products are delivered to the address indicated by the Buyer during the order process. The Buyer must ensure that the delivery details are correct. Any package sent back to the seller due to an inaccurate or incomplete delivery address will be re-dispatched at the Buyer’s expense. If, at the time of delivery, the original packaging is damaged, torn or open, the Buyer must check the condition of the items. If they are damaged, the Buyer must refuse the package and write down their reservations on the delivery note (package refused as it is open/damaged). The Buyer must write down and sign any delivery anomalies (spoiled, product missing in comparison with delivery note, damaged package, damaged products, etc.) on the delivery note. This verification is considered to have been made as soon as the Buyer, or a person authorised by the Buyer, signs the delivery note. The Buyer must confirm all reservations with the carrier by registered post within two working days of receiving the Product(s) and send a copy of this letter by email or post to the Seller at the address indicated in the Website’s legal notices. If the Products need to be sent back to the Seller, the Buyer must make a return request with the Seller within 7 days of delivery. Any claim made after this period will not be accepted. Returns will only be accepted for Products in their original packaging with all accessories and instructions intact. Article 13 - Delivery errors In the event of a delivery error or should the Products not comply with indications on the order form in terms of nature or quality, the Buyer must open a claim by contacting the Seller on the day of the delivery or, at the latest, on the first working day after delivery. Any claim made after this time will be rejected. The claim can be made via: — Phone number: (+34) (0)6 95 81 03 18 — email address: [email protected] Any claim made that does not comply with the rules defined above or the established time periods will not be accepted and will exempt the Seller from any liability towards the Buyer. In the event of a delivery or exchange error, any Product to be exchanged or refunded must be returned to the Seller in full and in its original packaging, using the shipping method chosen by the Seller, to the following address: 2 rue Théron de Montaugé 31200 TOULOUSE FRANCE The return costs are at the expense of the Seller. Article 14 - Transfer of risk The transfer of risk of loss and risk of damage shall only occur once delivery has been made. The Products are therefore transported at the Seller’s risk. Article 15 - Product guarantee The Seller guarantees the conformity of the Products with the contract, allowing the Buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the warranty against defects of the sold item within the meaning of articles 1641 and following of the civil code. Article 16 - Right of withdrawal If the Buyer is not fully satisfied with a purchase, they may contact the Seller within 15 days of delivery to request a refund for unused items. The original packaging is required for any refund to be made and the Product return fees remain at the expense of the Buyer. Once the return is accepted, the Buyer will receive a confirmation email indicating that the refund will be made in their bank account in the coming days. The Buyer will be refunded via the payment method used to make the purchase. The Seller reserves the right to refuse returns sent or communicated after the return deadline, or items that are not in the same condition as they were received. A withdrawal form is accessible on the Website. Article 17 - Force majeure Any circumstances outside the Parties’ control that impede the fulfilment of their obligations in normal conditions are considered grounds for the Parties’ exemption from their obligations and shall lead to their suspension. The party that invokes the circumstances detailed above must notify the other Party when they occur and when they cease to occur. Cases of force majeure include any events or circumstances that are uncontrollable, external to the Parties, unforeseeable, inevitable, independent of the Parties’ will and that cannot be prevented by the Parties, despite their reasonable efforts. Specifically, other than the cases habitually upheld by case law in French courts and tribunals, the following are considered cases of force majeure or fortuitous events: blockage of means of transport or procurement, earthquakes, fires, storms, floods, lightning, telecommunications network failures or problems specific to telecommunications networks beyond customers’ control. The Parties will come together to examine the event and agree on conditions in which the contract will be fulfilled. If the case of force majeure carries on for over three months, these terms of sale may be terminated by the affected Party. Article 18 - Intellectual property The Website content (technical documents, pictures, photographs, etc.) remains the property of the Seller, who is the sole owner of the intellectual property rights to this content. Buyers agree not to use this content. Any total or partial reproduction of this content is strictly forbidden and may constitute a copyright infringement offence. Article 19 - Non-waiver provision Should one of the Parties not take action in the event that the other Party breaches any of the obligations provided for in these terms of sale, this does not constitute a waiver of this obligation. Article 20 - Contract language These terms of sale were originally written in French. Only the French text, not any translations, shall be the authoritative version in the event of a dispute. Article 21 - Mediation The Buyer may resort to conventional mediation, including through the Consumer Mediation Commission, through existing mediation authorities in the relevant sector, or through any alternative dispute resolution method (conciliation, for example) in the event of a dispute. Article 21 - Applicable legislation – Jurisdiction These terms of sale are governed by French law and subject to the application of the provisions of Articles L.232-1 and onwards of the French Consumer Code. This applies in terms of both form and substance. In the event of a claim or dispute, the Buyer shall first contact the Seller to come to an amicable solution. In the absence of an amicable settlement of the dispute, the most diligent party will refer the matter to the Toulouse commercial court. Article 22. - Data protection 22.1 - Collection of personal data The personal data collected on the Website is detailed below: Opening an Account When creating an Account, the Buyer’s surname, first name, telephone number, home address, delivery address, billing address and email address are collected. Login When logging in to the Website, the Buyer’s surname, first name, login details, usage details and location details are collected. Payment As part of the payment for Products on the Website, the Website does not record financial data relating to the Buyer's bank account or credit card. Cookies Cookies are used as part of this Website. 22.2 – Use of personal data The personal data collected, which is stored in encrypted form, is used to provide the Website’s services, to improve the Website and to maintain a secure environment. More specifically, personal data is collected for the following purposes: - access and use of the Website by the Buyer; - access with the possibility to read, modify and erase data; – to manage the operation and optimisation of the Website; – to organise conditions of use for payment services; - to verify, identify, and authenticate data sent by the Buyer - to implement Buyer help – to prevent and detect fraud and malware and to manage security incidents; - to manage any disputes with the Buyer - to send commercial and advertising information to the Buyer depending on their preferences with the possibility to unsubscribe at any moment. 22.3 – Sharing personal data with third parties Personal data may be shared with third-party companies in the following cases: - when the Buyer uses payment services, for the implementation of these services, the Website is in contact with third-party banking and financial companies which it has entered into contracts with; - when the Buyer publishes information accessible to the public in the free comment areas of the Website; - when the Buyer authorises the website of a third party to access their data; - when the Seller uses services providers to provide Buyer help, advertising and payment services. These service providers have limited access to the Buyer's data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable personal data protection regulations; 22.4 – Security and confidentiality The Seller has implemented organisational, technical, software and physical digital security measures to protect personal data against unauthorised alteration, destruction and access. However, it should be noted that the internet is not a completely secure environment and the Website cannot guarantee the secure transmission or storage of information on the internet. 22.5 - Implementation of the Buyer's rights Pursuant to the regulations applicable to personal data, Buyers have the following rights: – they may update or erase data concerning them by logging in to their Account and configuring its settings; - they can delete their account, by writing to the following email address: [email protected] It should be noted that information shared with other Buyers, such as posting on forums, will remain visible on the Website, even after their account has been deleted; - they can exercise their right of access, to know their personal data, by writing to the following email address: [email protected] In this case, before the implementation of this right, the Seller may request proof of the Buyer’s identity in order to verify its accuracy; - if the personal data held by the Seller is inaccurate, they can request to update this information, by writing to the following email address: [email protected]; - Buyers may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: [email protected] 22.6 – Modification of this clause The Seller reserves the right to modify this data protection clause at any time. If a modification is made to this data protection clause, the Seller agrees to publish the new version on the Website. The Platform will also inform the Buyers of the modification by email, at least 15 days before the effective date. If the Buyer does not agree with the new wording of the personal data protection clause, they can delete their account.