General Conditions of Sale
The access to our website and all orders are subject to these Terms and Conditions. We recommend you to read them carefully. These Terms and Conditions of Sale are intended to inform you about the online sale and delivery of the products ordered on the website but also, about your rights and obligations in the context of the sale of these products. They apply, without restriction or reservation, to all sales of all products, gift certificates and institutes included, offered on our website. It is accessible through the Internet, open to any user of this network. The establishment of the necessary computer resources allowing access to our website and access fees are your responsibility.
I. Conditions of purchase
The products that we sell on our website are reserved for adults (or minors who have an authorization from their legal representative allowing them to place an order on our website) and having full legal capacity to place orders on our website. We reserve the right at any time to request proof of identity attesting to your age and/or the authorization of the aforementioned legal representative. We reserve the right to not respond to an order and/or to exclude from our customer/prospect database, a buyer who has not responded to the above request or who does not fulfill the requirements of this clause. It it specified that the products are intended for the personal use of the buyer, which must not be related to the professional activity of the latter, including any resale of the product.
II. Products – Price
The products offered for sale on our website are those listed on our website, on the day of consultation of our website by the buyer. The buyer is informed that the photographs and the texts illustrating the products are likely to evolve.
II.b Unavailability of a Product
In case of unavailability of a product, you are informed of this unavailability:
– When the order is placed: a message appears and indicates that the desired products is temporarily unavailable,
– Or, following the validation of the order and before delivery, by e-mail.
We will pay you back within 14 days from the date of your order.
The prices of the products are indicated on the product sheet in euros and all taxes included, excluding shipping costs. Garraud Paris reserves the right to modify its prices at any time, while guaranteeing the customer the application of the price on the day of the order. If the V.A.T. rate were to be changed, these changes may be reflected in the price of the items. The customer is informed of the delivery costs of the products which still be invoiced in addition to the price, before the final validation of his order. All orders are payable in euros. Promotional offers are only valid for the duration mentioned on our website and only within the limits of available stocks.
III. Registration and Validation of the Order
III.a Terms of the Order
To make an order, the buyer must first connect to our website. The buyer can then choose our products by browsing in the different categories of products or by clicking on the home menu present at the top of each page, thus accessing the full range of products. During navigation on our website, the purchaser wishing to place an order may do so by simply clicking on the button intended to add the product to the shopping cart. From this transaction, the buyer will see the number of products in his basket. It is important to know that the contents of the basket may be subject to a time-out period.
The buyer can then continue his visit or click on his shopping cart to see on the screen the contents of his basket. It includes all the elements of the order, the essential characteristics of the products, the total amount of the order, the billing and delivery details, deadlines, costs and any delivery restrictions as well as the legal rights and guarantees available for the buyer.
The buyer may return to this order, complete it, modify it, cancel it until it has been validated definitively. If the buyer wishes to choose other product(s), he can continue his navigation on our website, knowing that the product(s) he has just selected is/are well preserved in his shopping cart.
Once the selection of the products has been completed, the buyer can order them by validating the order via the button provided for this purpose. From then on, a new page opens inviting the buyer to:
– Enter his username (e-mail address) and password if the buyer is already registered on our website,
– Complete a personal data collection form by filling in the required information, including name, phone number, e-mail address, billing mailing address, delivery mailing address (address where delivery can be made during open hours Monday to Friday in France).
After checking the content of his order, the buyer is invited to:
– Either click on the button to access the payment of his order, under the conditions described in these Terms and Conditions;
– Either click on the button allowing him to modify his basket and/or information relating to his personal details.
By clicking on the button giving access to the payment of the order, the buyer must, in a first time take note of these Terms and Conditions, then in a second time, confirm his agreement on all the Terms and Contions by ticking the required confirmation of acceptance box on our website.
As soon as the buyer confirms his acceptance of the Terms and Conditions, an internet page dedicated to the payment of the order opens. Any order has an obligation of payment, which means that the placing of an order implies a payment by the buyer. He must then proceed to the payment of his order under the conditions described in these Terms.
It is specified that by choosing a payment by credit card, as provided in article 4 below, the buyer will then automatically switch to the payment provider’s electronic server. It is secured by encryption S.S.L. (Secure Socket Layer) so as to protect as effectively as possible all the data related to the means of payment, and that at no time the banking data of the buyer will pass on the computer system of the seller. His responsibility is clear. The computerized records or any other data recorded by the seller constitute the proof of all the transactions made between the seller and the buyer.
III.b Order Confirmation
Once the order has been confirmed and the payment has been validated as described below, a printable and recordable summary of the buyer’s order will appear, mentioning in particular the references of the order. An order confirmation email is sent as soon as possible by the seller to the email address provided by the buyer and includes the following information:
– The seller’s identity and contact details,
– The reference of the order recorded at the time of placing the order,
– The summary of the order and the essential products characteristics,
– Deadlines, fees and possible delivery restrictions,
– The total amount of the order, all taxes included,
– The legal rights and guarantees available for the buyer,
– The payment confirmation,
– The Terms and Conditions,
The seller keeps ownership of the product(s) and/or service(s) ordered until full collection of the price and its accessories including shipping costs by the seller. In case of payment incident, the buyer commits to return to the seller, at his expense, the products received and this, from the first request of the seller. In order to protect the seller from abusive practices operated by fraudsters, and in the event that the seller or the online payment provider suspects the fraudulent nature of an order, they reserve the right to ask the buyer (prior to the processing of the order) additional pieces (including proof of identity of the buyer) to verify its non-fraudulent nature.
III.c Proof of the Order
It is agreed between the seller and the buyer that e-mails are authentic between them as well as the automatic registration systems used on our website, in particular about the nature and date of the order.
The payment of the order is made immediately on the internet, according to the instructions given for this purpose during the process of validation. The payment by the buyer, is made exclusively in euros. The amount to be paid is the total amount of the products ordered plus the delivery charges (article 10 “Delivery”). All taxes are included. The total amount of the order plus the delivery costs is recalled before the payment procedure.
Payment is made by credit card, Apple Pay or via a PayPal account. Cards from Visa, Amex or MasterCard network are accepted directly online following the order, using the order details previously placed online. For the payment with the PayPal operator, the customer indicates his username with his password after clicking on the button “Pay With PayPal” and finally, from the interface of his PayPal account, validates his payment. Garraud Paris does not keep any element specific to the banking data of its customers. All banking transactions are carried out on the Garraud Paris reserved area and in a secure manner.
For the payment of orders online, Garraud Paris uses the services of the company STRIPE. Our website provides the secure standard form S.S.L. (Secure Sockets Layer) issued by the platform of the company STRIPE that encrypts the information to protect data related to personal information and means of payment. Card numbers and expiry date of the card are instantly encrypted using the S.S.L. protocol and never transit unencrypted on our website. The client certifies that he is the holder of the credit card that he holds all the rights necessary to use it. Any order validated by the customer is considered affective by Garraud Paris only after acceptance by the payment server of the company STRIPE. Finally, the customer explicitly acknowledges his obligation to pay, when ordering, by ticking a box indicating “I have read and approved the Terms and Conditions of Sale and understand that this command requires a payment”.
V. Delivery and Reception
V.a Terms of delivery
Once the order is prepared it is sent to the postal address provided by the buyer when he did his order online. The products are delivered by the postal services or by a specialized service provider (depending on the selected delivery options). In case of absence of the buyer, the carrier leaves a notice of passage in the mailbox of the buyer. He must then contact the carrier to arrange a new delivery date. It is nevertheless stipulated that if the buyer does not contact the carrier, he will perform two new delivery tests. Date and time will be determined by the carrier. The buyer is informed that the parcel is kept by the carrier for a period of 10 days after the first presentation.
Orders are processed within an indicative time of 1 business day. It is recalled that an order is only sent once it has been processed.
From the processing of the order, the corresponding products are delivered within the following indicative times:
– Delivery by MONDIAL RELAY : 3 working days,
– Delivery by COLISSIMO : 3 to 6 working days,
– Delivery by CHRONOPOST : 2 to 3 working days.
Saturdays, Sundays and public holidays are not considered as working days. In any case, the order is executed within a maximum of 30 working days from the day the buyer has validated his order. This situation works only if the buyer is subject to a full payment of the price and agreed with the conditions of purchase defined in the article “Conditions of Purchase” of these terms.
If there is a failing delivery after the expiry of this period, the buyer has the opportunity to cancel his order under the conditions provided for in the article “Late Delivery” below.
V.c Late Delivery
In case of late delivery (exceeding the maximum delivery time of 30 days after the order’s validation), the buyer must, as soon as possible, report the delay to the seller by email by clicking here so that the seller can carry out a survey with the carrier.
If during this investigation, the order is found within 7 days from the date of the e-mail of the customer, it will be forwarded within 14 days from the date of e-mail from the customer to the designated delivery location in the order. After this 7 days period, or if at the end of this investigation the order is considered as lost, the seller will make a refund of all amounts paid by the buyer (shipping included). This situation depends on the method of payment used within 14 days of receipt of the customer’s reclaim mail. In any case, if there’s a delivery delay of more then 10 working days from the buyer’s e-mail indicating the delay, not due to a case of major force, the buyer may cancel his order from the Customer Service here. If the buyer exercises this right under the conditions of this article 5.c, the price of the order will not be collected by the seller.
If the payment of the order has already been collected, the seller will make a total refund of everything paid by the buyer (delivery charges included). This situation depends on the method of payment used within a maximum of 14 days from receipt of the information, to the exclusion of any other compensation.
Each delivery is made from the provision of the product(s) by the carrier to the buyer, or a third person indicated by the buyer. It is the buyer’s responsibility to check immediately upon receipt of the product(s) the conformity and integrity of the product(s) shipped.
Any anomaly identified at the time of delivery (including late delivery, missing or damaged product) must be fully and accurately indicated by the buyer on the receipt given by the carrier within 10 days of the order’s reception.
Any reclamation must be notified in parallel and as soon as possible to the Customer Service of the seller here. A copy of the complaint addressed to the carrier must be attached.
VI. Legal Guarantees
VI.a Legal Guarantees Description
In accordance with articles L. 217-4 and following the Consumer Code, the seller is required to deliver a product that respects the order made by the buyer and must answer any problems of conformity existing at the time of the delivery.
To be in accordance with the contract, the product have to fit for the usual expected use, but it must also:
– Correspond to the description given by the seller and possess the qualities that it has been presented to the buyer in the form of sample or model;
– Present the qualities that a buyer may legitimately expect due to the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
– Or have the characteristics defined by a mutual agreement, or be suitable for any special purpose for the buyer and made known to the seller that has agreed.
– Similarly, in accordance with article 1641 of the Civil Code, the seller must guarantee that there is no reasons of hidden defects of the product sold which would make it unusable for what it is intended or which would reduce so much its use that the buyer would not have buy it, or would have given it a lesser price if he knew it before.
VI.b Process to follow
If the delivered products are not in conformity with products ordered by the buyer or if they have manufacturing defects, the buyer must send an e-mail to the Customer Service of the seller here to notify him the non-conformity of his product(s).
The Customer Service of the seller acknowledges receipt of the buyer’s request and confirms the procedure to be followed. Upon receipt of instructions from the seller’s Customer Service, the buyer needs to return the defective or non-compliant product(s) to the seller at the following address indicated by the Customer Service.
The product(s) must absolutely be returned unused in its original packaging with the right of return and a photocopy of the bill. In addition, the seller does not accept parcels sent by freight collect. Any risk related to the return of the product(s) is the responsibility of the buyer.
After receiving the non-compliant or defective product(s) that has been returned by the buyer, the seller carries out a control of the product(s) to analyze their conformity. The seller may also proceed to a quality test to verify that the product(s) returned are the original product(s). These controls are carried out as soon as possible and within a maximum period of 1 month.
VI.c Legal Guarantees Content
If the non-conforming or defective character of the product is confirmed:
– The buyer may choose between repair or replacement of the product, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code. It is important to know that, the buyer has a period of 2 years from the issue of the product to act and is exempted from providing proof of the existence of the product’s lack of conformity during 24 months following the delivery of the product.
As part of the implementation of the guarantee against hidden defects of the product sold by the buyer within the meaning of article 1641 of the Civil Code, he may choose between the refund of the sale or a reduction in the selling price in accordance with article 1644 of the Civil Code.
VII. Right of Withdrawal
VII.a The notification of the Seller about the decision of withdrawal
The buyer has a right of withdrawal that he can use within 14 days, without having to give reasons or to pay penalties, with the exception of the costs of return which are at his own expense. This withdrawal period expires 14 days after the day the buyer, or a third person designated by it other than the carrier, physically takes possession of the product(s).
If the buyer has ordered more than one product in a single order, or if the delivery of the product(s) has been made in more than one part, the withdrawal period does not begin until the buyer, or a third person designated by him other than the carrier, does not physically take possession of the last product or the last part of the delivery. To use the right of withdrawal, the seller must send his decision of withdrawal to the seller without any ambiguity before the expiry of the withdrawal period, in particular:
– By e-mail : email@example.com.
For the withdrawal period to be respected, the buyer needs to transmit its communication before the expiry of its period.
VII.b Return of Products subject to Withdrawal
Following the buyer’s communication of his decision to withdraw, he must return to the seller the full product(s), unused, in its original packaging and intact with the right of return and a photocopy of the bill. The return of the product(s) should not undue excessive delay and, at the latest within a period of 14 days following the communication by the buyer of his decision to withdraw, to the address given by the Customer Service. This period is supposed to be respected if the products are returned before the expiry of the 14 days withdrawal period.
If the product(s) are late for more then 14 days after the decision of the buyer to withdraw, no refund will be made. The cost of returning the product(s) remain the responsibility of the buyer.
VII.c The refund of the Products subject of the Withdrawal
The seller agrees to pay back the buyer for all money paid, including delivery charges (except for additional delivery charges that the buyer has chosen, if this delivery is other than the less expensive standard method proposed by the seller). Unless expressly agreed by the buyer for another means of refund, the refund of the product(s) shall be made according to the original method of payment used by the buyer, without undue delay and, in any case, within 14 days from the day the seller is informed of the buyer’s decision to withdraw. This refund will not have any costs for the buyer. The refund of this sum may however be deferred until the actual recovery of the returned products or until the buyer has provided proof of shipment of the product.
After delivery, the buyer is informed that the unsealed products can not be returned for hygiene reasons or health protection and can not benefit from the right of withdrawal (including cosmetic products where the operculum has been removed). For further information on the content and instructions for exercising the right of withdrawal of the buyer, he can contact our Customer Service here.
VIII. Personal Data
VIII.a Personal Data
It is reminded that the buyer has a right to access, modify, rectify and delete personal data concerning himself. To exercise this right, the buyer can send a message with a proof of identity to the Consumer Service of the seller here.
The buyer may be required to receive from the seller e-mails information about the products and activities of the seller, if the buyer has previously consented by ticking the box provided for this purpose. The buyer has the right to refuse such communication by not giving his consent at the time of validation of the order, or by showing his refusal by e-mail here.
IX. Various Stipulations
IX.a Major Force
No party is responsible for the total or partial non-performance of its obligations under these Terms and Conditions of Sale if this is caused by an event constituting major force. Are considered as case of major force the events fulfilling the criteria fixed by the jurisprudence of the Court of Cassation and the legislation. The party invoking an event constituting major force shall notify the other party within 5 working days following the occurrence of this event. The parties agree that they must consult each other as soon as possible in order to determine the execution of the order during the period of major force. Beyond a period of 1 month of interruption due to major force, the seller may not honor the order, but then needs to refund the buyer if necessary.
IX.b Partial Invalidity
If one or more stipulations of the Terms and Conditions are considered as invalid or declared as such under a law, under a regulation or following a final decision of a competent jurisdiction, the other stipulations keep all their strength and their reach.
IX.c Full Terms and Conditions
These Terms and Contions and the order summary sent to the buyer form a contractual set and form a contractual relationship between the parties. In case of contradiction between these documents, the Terms and Contions will prevail.
IX.d Modification of the Terms and Conditions
It is specified that the buyer can save or print these terms and Conditions, if he does not modify them. The current Terms and Conditions can be consulted at any time under the heading “General Conditions of Sale” accessible on any pages of our website. The seller may update at any time these Terms and Conditions. If so, each update will have a specific notification on our website.
IX.e Applicable law and competent jurisdictions
These terms and Conditions and the contractual relations between the buyer and the seller are subject to French law. If there is a conflict between the buyer and the seller, and they fail to resolve it, in the context of the mediation provided in article 8 above, they shall be brought to the competent French courts.