GENERAL TERMS AND CONDITIONS OF SALE
Effective as of 09/01/2023
ARTICLE 1 - Scope
These General Terms and Conditions of Sale (referred to as "T&Cs") apply without restriction or reservation to all sales concluded by the Seller to buyers wishing to purchase the products offered for sale ("the Products") by the Seller on the website https://www.grenadilleshop.com. The Products offered for sale on the website include: Clothing, accessories, services, digital products.
The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website https://www.grenadilleshop.com. The customer is responsible for reviewing this information before placing an order.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to stock availability, as specified when the order is placed.
These T&Cs are accessible at all times on the website https://www.grenadilleshop.com and take precedence over any other document.
The Customer declares that they have read these T&Cs and accepted them by checking the relevant box before implementing the online ordering procedure on the website https://www.grenadilleshop.com.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes evidence of all transactions concluded with the Customer.
The Seller's contact details are as follows:
GND GROUP, SASU
Share capital of 100 euros
Registered with the RCS of Paris, under number 900206285
6 rue d'Armaillé, 75017 PARIS
VAT number FR60900206285
The Products presented on the website https://www.grenadilleshop.com are offered for sale in the following territories:
France, Guadeloupe, Martinique, French Guiana, Reunion
In the case of orders to a country other than mainland France, the Customer is the importer of the Product(s) in question.
For all Products shipped outside the European Union and overseas departments and territories (DOM-TOM), the price will be automatically calculated without taxes on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. These are the responsibility of the Customer and are solely their responsibility. We recommend that you inquire about these matters with your local authorities.
ARTICLE 2 - Prices
The Products are supplied at the prices in effect on the website https://www.grenadilleshop.com at the time the order is recorded by the Seller.
The prices are in Euros, exclusive of taxes (HT) and inclusive of taxes (TTC).
The rates take into account any discounts that the Seller may grant on the website https://www.grenadilleshop.com.
These rates are firm and non-revisable during their period of validity, but the Seller reserves the right, outside of the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport, and delivery fees, which are invoiced in addition, as specified on the website and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the ordered Products.
ARTICLE 3 - Orders
It is the Customer's responsibility to select the Products they wish to order on the website https://www.grenadilleshop.com according to the following terms:
The customer selects a product that is placed in their cart, a Product they can remove or modify before confirming their order and accepting the present general terms and conditions of sale. They then enter their contact information or log in to their account and choose the delivery method. After validating the information, the order will be considered final and will require payment by the Customer as specified.
Product offers are valid as long as they are visible on the website, within the limit of available stock.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and report any errors immediately.
Any order placed on the website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a prior order.
The Customer can track the progress of their order on the website.
If an item from the Customer's order is no longer available, the Seller will initiate a refund procedure within 48 hours in the form of a valid credit note for 1 year.
ARTICLE 4 - Payment Conditions
The price is paid via secure payment, according to the following terms:
Payment by credit card
or payment by bank transfer to the Seller's bank account (the details of which are communicated to the Customer when the order is placed)
The price is payable in full by the Customer on the day of placing the order.
Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment provider for bank transactions made on the website https://www.grenadilleshop.com.
Payments made by the Customer will only be considered final after the Seller has effectively collected the amounts due.
The Seller will not be required to deliver the Products ordered by the Customer if the Customer has not paid the full price under the conditions specified above.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered in mainland France or in the following areas:
Deliveries are made within 2 - 30 business days to the address indicated by the Customer when placing the order on the website.
Delivery consists of transferring physical possession or control of the Product to the Customer. Except for specific cases or unavailability of one or more Products, the ordered Products can be delivered in multiple shipments.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the specified time frame above.
If the ordered Products have not been delivered within 15 business days after the indicative delivery date, for reasons other than force majeure or the Customer's actions, the sale may be canceled at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3, and L 241-4 of the Consumer Code. The amounts paid by the Customer will then be refunded to them no later than fourteen days following the date of termination of the contract, excluding any indemnity or withholding.
Deliveries are made by an independent carrier (LA POSTE, DHL, GLS, and others) to the address specified by the Customer when placing the order and which the carrier can easily access.
Delivery is deemed to have been made once the Products ordered by the Seller have been handed over to the carrier, who has accepted them without reservation. Therefore, the Customer acknowledges that it is the carrier's responsibility to make the delivery and that the Customer has no warranty claim against the Seller in case of non-delivery of the transported goods.
In the event of a specific request from the Customer concerning the packaging or transport conditions of the Products ordered, duly accepted in writing by the Seller, the related costs will be subject to specific additional billing based on a prior written estimate accepted by the Customer.
The Customer is responsible for checking the condition of the delivered Products. They have a maximum of 48 hours to report any anomalies in their order from the date of delivery in order to file claims by mail: GND GROUP, 6 RUE D ARMAILLE 75017 PARIS or email: firstname.lastname@example.org, accompanied by all relevant supporting documents (including photos). After this period and failing to have followed these formalities, the Products will be deemed compliant and free from any apparent defect, and no claims will be validly accepted by the Seller. It is the Customer's responsibility to regularly check their emails (including spam folders) to follow their order. The relevant emails contain the references of the items or the order, as well as a tracking link, and the name of the carrier responsible for delivery.
The Seller will refund in the form of a credit note or replace as soon as possible and at its expense, the delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these T&Cs.
The transfer of risks of loss and damage related to them will only take place when the Customer physically takes possession of the Products. Therefore, the Products travel at the Seller's risk, except when the Customer has chosen the carrier themselves. In this case, the risks are transferred when the item is handed over to the carrier.
Attention! Any order with an error in the delivery method or address will be canceled within 48 hours and refunded in the form of a credit note valid for 1 year. Please check your information carefully before confirming the order.
ARTICLE 6 - Transfer of Ownership
The transfer of ownership of the Seller's Products to the Customer will only take place after full payment of the price by the Customer, regardless of the delivery date of the said Products.
ARTICLE 7 - Right of Withdrawal
In accordance with the provisions of Article L221-18 of the Consumer Code, "For contracts providing for the regular delivery of goods over a specified period, the period shall begin on the day of receipt of the first item."
The right of withdrawal can be exercised online using the attached withdrawal form and is also available on the website or through any other clear statement expressing the intention to withdraw, especially by postal mail to the Seller at the postal address or email indicated in ARTICLE 1 of the T&Cs.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.), allowing them to be resold as new, accompanied by the purchase invoice.
Damaged, soiled, intimate, or incomplete Products will not be accepted for return.
Return costs are the responsibility of the Customer.
Exchange (subject to availability) or refund in the form of a credit note will be made within 14 days from the date of receipt by the Seller of the returned Products in accordance with the conditions provided for in this article.
ARTICLE 8 - Seller's Liability - Guarantees
The Products provided by the Seller benefit from:
The legal conformity guarantee for defective, damaged, or non-compliant Products,
The legal warranty against hidden defects arising from a defect in material, design, or manufacture affecting the delivered products and making them unfit for use.
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The seller is required to deliver a product that conforms to the contract and is liable for any non-compliance existing at the time of delivery. They are also liable for any non-compliance resulting from the packaging, assembly instructions, or installation when this has been their responsibility under the contract or has been carried out under their responsibility."
Article L217-5 of the Consumer Code
"The product conforms to the contract:
1° If it is suitable for the usual expected use of a similar product and, if applicable:
it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
it has the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter."
Article L217-12 of the Consumer Code
"The action resulting from non-compliance is limited to two years from the date of delivery of the product."
Article 1641 of the Civil Code
"The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given a lower price, if they had known."
Article 1648, paragraph 1, of the Civil Code
"The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect."
Article L217-16 of the Consumer Code
"When the buyer asks the seller, during the commercial warranty granted at the time of the acquisition or repair of a movable item, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty. This period runs from the request for intervention of the buyer or the provision for repair of the item in question if this provision is subsequent to the request for intervention."
In order to assert their rights, the Customer must inform the Seller in writing (by email or letter) of the non-compliance of the Products or the existence of hidden defects from the discovery thereof.
The Seller will refund, replace, or repair the non-compliant or defective Products or parts under warranty as soon as possible and no later than 14 days following the Seller's discovery of the lack of conformity or hidden defect. This refund may be made by bank transfer, check, or credit note.
The Seller's liability cannot be engaged in the following cases:
- Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- In case of misuse, professional use, neglect or lack of maintenance by the Customer, as in the case of normal wear and tear of the Product, accident, or force majeure.
The photographs and graphics presented on the site are not contractual and cannot engage the Seller's liability.
The Seller's guarantee is, in any case, limited to the replacement or refund in the form of a credit note for non-compliant or defective Products.
ARTICLE 9 - Personal Data
The Customer is informed that the collection of their personal data is necessary for the sale of the Products by the Seller and for their transmission to third parties for the purpose of delivering the Products. These personal data are collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the site https://www.grenadilleshop.com are as follows:
Order of Products:
When ordering Products by the Customer:
Last name, first name, postal address, telephone number, and email address.
In the context of payment for the Products offered on the site https://www.grenadilleshop.com, it records financial data relating to the Customer/user's bank account or credit card.
9.2 Recipients of personal data
Personal data is used by the Seller and its subcontractors for the execution of the contract and to ensure the effectiveness of the sales and delivery service of the Products.
The category(ies) of subcontractor(s) is/are:
Transport service providers
9.3 Data Controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
9.4 Limitations of processing
Unless the Customer expressly agrees, their personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data collected for a period of 5 years, covering the time of the statute of limitations for contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software, and physical measures for digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of information transmitted or stored on the Internet.
9.7 Implementation of Customer and User Rights
In accordance with the applicable regulations on personal data, Customers and users of the site https://www.grenadilleshop.com have the following rights:
They can update or delete their data as follows:
By logging into their account, on the account configuration tab...
They can delete their account by writing to the email address indicated in Article 9.3 "Data Controller"
They can exercise their right of access to learn about their personal data by writing to the address indicated in Article 9.3 "Data Controller"
If the personal data held by the Seller are inaccurate, they can request that the information be updated by writing to the address indicated in Article 9.3 "Data Controller"
They can request the deletion of their personal data, in accordance with the applicable data protection laws, by writing to the address indicated in Article 9.3 "Data Controller"
They can also request the portability of the data held by the Seller to another service provider
Finally, they can object to the processing of their data by the Seller
These rights, as long as they do not conflict with the purpose of the processing, may be exercised by sending a request by mail or by email to the Data Controller, whose contact details are indicated above.
The data controller must provide a response within a maximum of one month.
In case of refusal to comply with the Customer's request, the refusal must be justified.
The Customer is informed that in case of refusal, they may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or bring an action before a judicial authority.
The Customer may be asked to check a box in order to receive informative and advertising emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual Property
The content of the site https://www.grenadilleshop.com is the Seller's property and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
ARTICLE 11 - Force Majeure
The parties cannot be held responsible if the non-execution or delay in the execution of any of their obligations, as described in these T&Cs, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
The party that notes the event must promptly inform the other party of its impossibility to perform its service and justify it to them. The suspension of obligations may not, in any case, be a cause of liability for non-performance of the obligation in question, or involve the payment of damages or penalties for late performance.
The performance of the obligation is suspended for the duration of the force majeure, if it is temporary. If the force majeure lasts for more than three months, the contract covered by these T&Cs may be terminated by the injured party.
ARTICLE 12 - Applicable Law - Language
These T&Cs and the operations resulting from them are governed by and subject to French law.
These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ARTICLE 13 - Disputes
All claims must be made within 48 hours from the delivery of the Products.
In the event of a dispute, the Customer should first contact the Seller to obtain an amicable solution.
Failure to reach an amicable agreement, the Customer, if they qualify as a consumer within the meaning of the Consumer Code, may seize either one of the jurisdictions territorially competent under the code of civil procedure, or the jurisdiction of the place where they were living at the time of the conclusion of the contract.
In the case of a Customer with a business, all disputes will fall under the jurisdiction of the courts of Paris.
Please complete and return this form only if you wish to withdraw from the contract.
To [here the trader's name, geographical address, and where available, fax number and email address are to be inserted by the trader]:
I/We  hereby give notice that I/We  withdraw from my/our  contract of sale of the following goods /for the provision of the following service [*],
Ordered on /received on ,
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate.
End of the withdrawal form