Terms of sale
TERMS AND CONDITIONS OF SALE
Article 1- Presentation
Article 2 - Scope of the general terms and conditions of sale - Purpose
Article 3 - Information on items and limitation of liability
Article 4 - Conditions for ordering items
Article 5 - Confidentiality of personal data
Article 6 - Finalizing the order on the website
Article 7 - Proof of order
Article 8 - Price of items
Article 9 - Terms of payment
Article 10 - Delivery
Article 11 - Non-return of items purchased in a store
Article 12 - Conformity - Warranty
Article 13 - Scope of these conditions
Article 14 - Disputes - Applicable law and jurisdiction
Article 15 - Legal warranty information
Article 16 - Limitation of liability
Article 1 - Presentation
The present terms and conditions of sale are concluded between :
On the one hand :
GRAJAGAN ("GRAJAGAN"), whose registered office is located at 49, rue de Stounicq - 40530 Labenne - FRANCE, SAS with capital of 1,000 euros, RCS DAX B 978 175 651 VAT number FR 30978175651 contact: Tel 05 58 48 91 06, or contact@grajagan.fr
hereinafter referred to as "the Vendor
And, on the other hand :
The non-trading natural person, of legal age, having the legal capacity to contract by himself or through the intermediary of a person having parental authority, his guardian, or his curator, and wishing to make a purchase via the Internet Site "www.grajagan.fr".
Hereinafter referred to as "the Customer".
Together referred to as "the Parties".
These General Terms and Conditions of Sale (GTCS) apply to all orders placed from the http://www.grajagan.fr website ("the Site") by a Customer ("the Customer").
The present Terms and Conditions of Sale are made available on our site, prior to the validation of any order. Consequently, placing an order implies the buyer's full and unreserved acceptance of these terms and conditions.
By placing an order on the http://www.grajagan.fr website, the customer expressly acknowledges having read and accepted these terms and conditions of sale without reservation.
GRAJAGAN reserves the right to adapt or modify these terms and conditions of sale at any time. The terms and conditions of sale applicable to an order are those published on the Site on the date the order is placed.
The conditions applicable to the order of an article by a customer are those in force on the day of the order.
Article 2 - Scope of the general terms and conditions of sale - Purpose
These terms and conditions of sale exhaustively define all the rights and obligations between GRAJAGAN and the customer wishing to purchase goods offered for sale on the website www.grajagan.fr. All terms and conditions of sale between Société GRAJAGAN and the customer are governed by these terms and conditions. They govern all stages of the sale, from the placing of the order, payment, delivery and the customer's right of withdrawal to the guarantee of the products ordered.
The www.grajagan.fr website allows customers to order a selection of GRAJAGAN brand products immediately online via the Internet for delivery to any country in the world.
We inform you that, insofar as you order products online, your agreement to the content of these terms and conditions of sale does not require a handwritten signature.
GRAJAGAN regularly adapts the text of its general terms and conditions of sale and asks its customers to read the version in force on the day of the order.
To this end, the customer may download, save and reproduce the general terms and conditions.
In any event, the sales contract for goods purchased on the site is made up of the general sales conditions in force at the time of the order and the order form.
The possibility of placing orders for products available on the Site (hereinafter the "Products") is reserved for private individuals, i.e. persons who are not seeking to satisfy their professional needs.
The resale or distribution of GRAJAGAN products purchased on www.grajagan.fr is strictly forbidden.
These general terms and conditions of sale apply exclusively to items offered for sale bearing the brands marketed by GRAJAGAN and sold remotely via the company's website identified by the domain name www.grajagan.fr.
Article 3 - Information relating to items and limitation of liability
In accordance with the provisions of article L.111-1 of the French Consumer Code, the Customer may, beforehand, take note on the Site of the essential characteristics of the Article(s) he wishes to order.
The information provided on the Site is as accurate as possible. The Company cannot be held responsible for any non-substantial errors that may affect the characteristics of the items. However, photographs and other reproductions of the items are only indicative and have no contractual value. In some cases, the merchandise presented for sale on the Site may not be available for sale in retail stores. Errors or modifications may exceptionally occur, particularly in the case of simultaneous orders of the same product by several customers.
Colors - GRAJAGAN, the company in charge of content administration, makes every effort to display as accurately as possible the colors of the products shown on the Site. The colors you see depend on your computer screen, however, there is no guarantee that your screen's display of colors will be accurate, reliable or error-free. Colors and finishes are therefore indicative only and have no binding/contractual value. Variations may occur, notably due to the technical limitations of color rendering on your computer equipment.
Consequently, GRAJAGAN cannot be held responsible for any errors or inaccuracies in the photographs or graphic representations of GRAJAGAN products on the www.grajagan.fr website. If you have any questions about the products, please contact our Customer Service Department.
The offers presented on the Site are valid while stocks last. The Customer is informed of the availability of the Product by the heading "add to shopping cart" or by the heading "temporarily unavailable".
GRAJAGAN cannot be held responsible for products that are out of stock or unavailable.
GRAJAGAN reserves the right to change at any time and without notice the items offered on the website www.grajagan.fr.
Any item indicated as available may not actually be available (physical stock). In this case, GRAJAGAN undertakes to provide all the information the customer needs concerning the availability of this item and a possible delivery date.
Article 4 - Ordering conditions
4.1 Orders are placed directly on the Site.
By using this site, you declare that you are at least of legal age and have the legal capacity to enter into a contract.
The Customer acknowledges that he/she is aware that the www.grajagan.fr website only accepts :
- orders placed by a non-trading natural person who is a consumer, of legal age, and who has the legal capacity to contract on his/her own behalf or through the intermediary of a person with parental authority, his/her guardian, or his/her curator;
- with a view to delivery to himself or herself, or to any third party of his or her choice who is also a consumer, and who must be domiciled in the country in which the customer who placed the order is domiciled.
The Customer is personally responsible for setting up the IT and telecommunications resources required to access the Site. The Customer is responsible for all telecommunications costs incurred when accessing the Internet and using the Site.
Offers are valid as long as they are visible on the site, while stocks last.
To validate an order, you must first identify yourself. To this end, you must fill in a form provided online, according to the instructions provided, in which you must enter the information required for identification, in particular your surname, first name, telephone number, postal address, e-mail address and billing and delivery address.
You then definitively validate your order by clicking on the "Validate order" button to express your commitment and acceptance of the general terms and conditions of sale.
To place an order on the Site, the customer must be of legal age, have legal capacity and be the holder of a bank card (Visa - MasterCard - Carte Bleue) or a PayPal account to the exclusion of any other means of payment (PayPal allows you to pay online without communicating your financial information during the transaction. Discover the world of PayPal - click here)
Orders will be accepted while stocks last. To this end, the customer is informed at the time of placing the order on the Site's information page describing each item of the availability of the item. If the items ordered are not available, the Company will inform the customer by e-mail as soon as possible and will refund the invoiced price by bank transfer or will propose the modification of the order of the items concerned.
4.2 GRAJAGAN reserves the right to refuse any order placed by a customer with whom there is a dispute over payment of a previous order. If GRAJAGAN finds that the order does not comply with these terms and conditions, it will inform the customer by telephone or e-mail within six (6) days. Should the customer fail to contact the Company to correct any erroneous information or any information contrary to the present terms and conditions of sale, the Company reserves the right to cancel the order outright.
Article 5 - Confidentiality of personal data.
Our Site is committed to protecting your personal data and privacy.
During your visits to our site, we may ask you for information via forms or when creating your customer account. The information requested, marked with an asterisk, is compulsory. It is required to process your request. This information is intended for GRAJAGAN to record and process your orders and manage your customer account.
All data communicated to GRAJAGAN is intended exclusively for our company.
When you place an order, GRAJAGAN collects personal data. This data is necessary to process the order and may be communicated in whole or in part to the Company's contractual partners involved strictly in the execution of the order. The customer is informed that the same personal data is also collected by the organization in charge of analyzing orders and combating credit card fraud. Information and data concerning our customers are necessary for order management and commercial relations.
We may also ask you, by e-mail, to provide proof of your identity and address (e.g. electricity bill, landline telephone bill), and possibly a scan copy of the partially masked front and back of your bank card (under no circumstances should you disclose the security code), in order to protect you from fraudulent transactions. By providing you with these documents, we can guarantee you greater security, by ensuring that you are the owner of the credit card you are using.
GRAJAGAN reserves the right to cancel the order if the requested documents are not produced, or if the documents produced are not conclusive and do not allow GRAJAGAN to verify the identity of the person placing the order, the reality of the direct debit, or the apparent solvency conditions.
In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify and object to all your personal data at any time. To do so, please write to us at the following address, providing proof of your identity: contact@grajagan.fr or to the following address: GRAJAGAN, 49 rue de Stounicq, 40530 Labenne - FRANCE
Depending on the choices you make when creating or consulting your account, you may receive offers from our company. If you no longer wish to receive such offers, you may ask us to do so at any time via your customer area or by writing to us at the following address: contact@grajagan.fr.
Article 6 - Completing an order on the Site
GRAJAGAN reserves the right to refuse an order if the product is not available, if it is impossible to debit the amount of the order from the bank account, or if the price displayed on the Site at the time of the order is materially incorrect.
Ordering on the Site is subject to strict compliance with the procedures set out in a succession of different screens indicating the steps the customer must follow to validate the order.
The customer accesses the Product range from the home page by clicking on one of the tabs below.
1. SHOPPING CART
The Customer selects the Products he wishes to order by clicking on the "Add to basket" icon. The Customer is then automatically directed to the page summarizing the contents of the basket. The Customer may then either continue shopping by clicking on the "Continue shopping" icon, or place an order by clicking on the "Order" icon and being directed to the next step. The Customer can also view the contents of his basket at any time by clicking on "basket" in the top right-hand corner.
2. LOG IN
If you do not have an account: you will be asked to create your own password for future use of this account.
If you already have an account: you will be asked to provide your e-mail address and password for authentication.
The customer must enter the login details provided when creating the account. If this is the customer's first order, he/she must click on the "create your account" icon. After entering the required information, the customer clicks on the "register" icon.
A confirmation e-mail will then be sent to the Customer.
Your account allows you to :
Track your orders ;
Track your returns requests;
Save billing and delivery information for future orders;
Manage your newsletter subscription;
Modify your personal information.
You can have your account deactivated at any time by sending an email to Customer Service by clicking on the "customer service" link. Once your account has been deactivated, you are free to create a new account at any time.
Your customer account and password are strictly confidential and may not be used or communicated to third parties. You are responsible for any use made of your customer account by third parties, particularly in the event of carelessness or negligence on your part.
In the event of loss, theft or fraudulent use of your password, you agree to immediately inform GRAJAGAN.
3. INVOICING
The Customer fills in the information requested concerning the billing address and method of payment. The billing address must be the same as that associated with the payment card used to place the order.
In addition, the Customer enters the promotional code, if available.
Then click on the "continue" icon.
4. FINAL CHECK
The following page summarizes the Products in the Customer's shopping basket. A summary page will automatically be displayed, showing the photo of the item, its colors and references, the quantity chosen, its unit price and the total price including all taxes of the order.
Please check that your selection is correct before confirming your order.
If an error has been made in entering the data, the Customer may either cancel the order by returning to the previous pages or closing the current Site session, or modify the content of the order by re-entering the data.
Having ticked the box indicating unreserved acceptance of these terms and conditions of sale, the Customer may then confirm the order by clicking on the "validate order" icon.
Placing an order implies the customer's obligation to pay GRAJAGAN.
You must check the completeness and conformity of the information you provide when ordering, especially concerning the delivery address.
You confirm your order by clicking on the "Confirm order" button to confirm your commitment and acceptance of the terms and conditions of sale. From this moment, the order is recorded, and an order number is communicated to you as well as a confirmation on the screen and/or by e-mail. The data recorded by our Site constitutes proof of the nature, content and date of the order.
6. PAYMENT
The customer enters the bank details required for payment and confirms the order.
By validating the order form, you guarantee that you have the necessary authorizations to use the method of payment you have chosen.
From the moment the Customer registers his/her order by clicking on the "confirm" icon, he/she is deemed to have accepted without reservation the present conditions of sale, the prices and quantities of the Products ordered, and the shipping costs.
Validation of the order is considered final and binding on the Parties only upon payment of the order price by the Customer.
The next page confirms the order by indicating an order number. An e-mail confirming the order and containing the same information will also be sent to the customer.
The data recorded by GRAJAGAN constitutes proof of the nature, content and date of the order. These data are archived by GRAJAGAN. The customer can consult this data on the Site by clicking on the "My account" icon on the home page and then on the "My orders" icon.
We cannot be held responsible for any data entry errors and their consequences (for example, delays or delivery errors).
Article 7 - Proof of order
E-mails will be considered as proof between the parties, as will the automatic recording systems used on the Site, notably as to the nature and date of the order.
By express agreement, electronic communications are considered by GRAJAGAN and by the Customer as having a probative value equivalent to that of written documents.
Our computer records, kept in reasonable conditions of security, will serve as proof of communications, orders and payments.
For any amount over one hundred and twenty euros, in accordance with article L.134-2 of the French Consumer Code, we will archive order forms and invoices on a reliable and durable medium, which can be legally produced as proof, for the applicable legal periods.
The customer has access to this document at any time, upon request to GRAJAGAN with proof of identity.
Article 8 - Product prices
The prices of products sold on the www.grajagan.fr website are indicated in euros, all taxes included, excluding delivery charges. GRAJAGAN will not refund the VAT applied to purchases made on the www.grajagan.fr website.
Delivery charges are at the customer's expense, unless otherwise stated or special conditions apply.
Delivery costs are 8 euros and are offered to the customer for all orders over 80 euros for metropolitan France and Corsica.
Any change in the legal rate of VAT will be automatically reflected in the price of the articles, as soon as it comes into force.
The applicable price is the one displayed at the time of the order. Product prices may be modified by GRAJAGAN at any time, but GRAJAGAN agrees to apply the prices in effect at the time the order is registered, subject to product availability on that date.
GRAJAGAN reserves the right to modify, limit or terminate any special offer or discount at any time.
The prices of items displayed on www.grajagan.fr may differ from those in the physical stores where GRAJAGAN items are sold.
Notwithstanding the foregoing, if GRAJAGAN discovers an error in the price of the products ordered, GRAJAGAN reserves the right to cancel the order and invite the customer to place a new order for the products at the correct price. If GRAJAGAN is unable to contact the customer, it will treat the order as cancelled. In these circumstances, if payment has already been made, the customer will receive a refund for the cancelled order from GRAJAGAN.
The cost of shipping will be automatically displayed on the website and will be communicated to the customer when the order is confirmed by e-mail.
Confirmation of the price paid and the delivery charges, in the form of an invoice in euros, is available to the customer in his personal account accessible from the Site.
Article 9 - Terms of payment
Payment is due in full as soon as the order is placed.
All orders are payable in euros.
Payment is made at the time of ordering, by credit card or via the PayPal online payment service.
Your credit or debit card will only be debited once your order has been confirmed.
The credit cards accepted are indicated on the site when the order is placed.
We do not accept cash, cheques or telephone orders. GRAJAGAN's payment service provider, C.I.C. bank, is solely responsible for choosing which credit cards are accepted as payment for a purchase on the site.
By communicating his bank details, the customer accepts in advance and unconditionally that GRAJAGAN proceeds with the secure transaction. The customer therefore authorizes his bank to debit his account at sight from the records or statements transmitted by GRAJAGAN or any company appointed by GRAJAGAN, even in the absence of invoices signed by the account holder.
For any payment by credit card on the website www.grajagan.fr, the electronic certificate issued by the telepayment manager will be considered as proof of the amount and date of the transaction, in accordance with the provisions of articles 1316 et seq. of the French Civil Code, as well as the electronic archiving means set up by GRAJAGAN. In this respect, the dates and times of the server will be deemed authentic between the parties.
The invoice for the order will be sent in a subsequent e-mail, confirming GRAJAGAN's final acceptance of the order. Invoices will be sent to the Customer in electronic format (PDF) and must be kept by the Customer.
In the event that, for any reason whatsoever (opposition, refusal of the issuing center ...), the debit of sums due by the customer proves impossible, the order will not be recorded by GRAJAGAN.
The amount due by the customer is the amount indicated on the order confirmation sent by e-mail to the customer.
Unless the server is unavailable, payment will be made immediately over the Internet - by credit card (Carte Bleue or Visa) - by PAYPAL account: the customer will then be automatically directed to his PayPal account. Once the PayPal payment has been validated, the order is completed.
GRAJAGAN reserves the right to refuse any order or delivery in the event of a dispute with the customer, in particular in the event of: total or partial non-payment of a previous order by the customer, in cases where a payment dispute remains, refusal to authorize payment by credit card for non-payment or partial payment, use of a credit card not issued by a European financial institution and unavailability of products, if the customer has engaged in fraudulent activity, or for any other legitimate reason. GRAJAGAN cannot be held responsible in such cases.
We retain full ownership of the products on sale until full payment of all sums due for your order (fees and taxes included) has been received. However, once you have received the goods, the risks are transferred to you. You must therefore ensure that the goods are properly stored.
Article 10 - Delivery
10.1 General provisions:
During the ordering process, we will inform you of the possible delivery times and methods for the products purchased and the country of delivery chosen. This amount will be payable by you in addition to the price of the products purchased.
Delivery is made to the address you provided when you placed your order.
When the ordered article is available in stock, the delivery of the articles can intervene only after complete cashing of the payment of the order, to the address of delivery indicated by the customer. Packages are shipped with the delivery note, to the delivery address indicated by the customer when ordering.
GRAJAGAN reserves the right to split deliveries within reasonable limits, so that you receive the products ordered as quickly as possible. Your credit or debit card will be debited in the same way to correspond to the price of the products actually delivered.
Each separate delivery shall constitute a separate contract of sale. In the event of late delivery by GRAJAGAN of part of an order or in the event of an error with respect to a separate order, no right to cancel another separate order will be granted.
The customer is not entitled to ask GRAJAGAN to deliver the ordered items in instalments.
All validated orders are dispatched on the next working day. In case of unusual delay, an e-mail will be sent to you. During sales and promotional periods, orders are dispatched within 2 to 12 days.
The times indicated are the estimated times announced by our transport service providers, in working days.
GRAJAGAN reserves the right to refuse to deliver ordered items to "post office boxes" or "poste restante", or to collective addresses such as offices, nursing homes or student residences. In all such cases, the customer acknowledges that GRAJAGAN's obligation to deliver the order ends with the actual delivery to the collective address indicated by the customer on the order form, even if the parcel is not received by the customer but by a third party. To improve the routing and tracking of your orders, you must enter your cell phone number in your account when you register on our Site. A delivery deadline will be communicated to you before your order is validated, depending on your choice of carrier. The applicable delivery times are those indicated at the time of validation of your order. They begin to run from the time the order is dispatched. Delivery problems: Any defect or delay in delivery exceeding eight (8) working days must be reported to our Customer Service Department as soon as possible. Any claim made more than thirty (30) calendar days after the date of validation of your order cannot be taken into account.The GRAJAGAN Company insures each item until it is delivered, at which point responsibility for the purchased items reverts to you. If you have designated a person other than yourself as the recipient (for a gift, for example), you accept that proof of ́a signature by this other recipient (or of a person present at his or her address) does indeed constitute proof of delivery and of the ́execution of the order by Société GRAJAGAN and of the transfer of responsibility.
10.2 - Delivery conditions for international shipments
For all countries eligible for delivery, with the exception of metropolitan France and Corsica, deliveries are handled exclusively by the DPD carrier.
10.3 - Terms of delivery for shipments within mainland France
Shipments to Metropolitan France and Corsica are handled by LA POSTE.
10.4 General delivery and acceptance conditions
Packages are handed over to the carriers, who are responsible for their delivery. In the event of non-conformity at the time of delivery (envelopes or cardboard boxes bearing visible traces of opening and/or deterioration), you must express your reservations on the delivery note or refuse the goods. GRAJAGAN.FR cannot be held responsible for any failure to comply with these provisions. In this case, your order cannot be re-delivered or reimbursed.
Packages leaving GRAJAGAN warehouses are in perfect condition and must be delivered to you in this condition. If no reservation has been made, we will not be able to take into account possible disappearances, nor to respond positively to a request for compensation.
Despite all the care taken by GRAJAGAN in preparing packages, it is nevertheless possible that a product may be missing. Similarly, after the package has been transported, one of the products may prove to be defective. This is why, upon receipt of the order, the customer must check the conformity of the products received. Any anomaly concerning the delivery (missing or defective product, damaged parcel) must be notified to GRAJAGAN's customer service department on the day of receipt or at the latest on the first working day following receipt, by notifying us at the following address: FMS - GRAJAGAN by registered mail (addressed to FMS - GRAJAGAN : 48 Rue des Vanniers, 40150 Soorts-Hossegor date of postmark). Any claim made after this deadline will not be taken into consideration and GRAJAGAN will be released from any liability in this regard. GRAJAGAN reserves the right to ask the customer to return the defective product.
If the above conditions are met, GRAJAGAN will issue a credit note for the refund of the defective product(s) or reship the missing product (subject to the validity of the Buyer's request).
GRAJAGAN declines all responsibility in the event of excessive delivery delays due to postal services or means of transport, as well as in the event of loss of ordered products or strikes.
10.5 Holidays during which our customer service and shipping department is closed - Force majeure :
January 1st
New Year's Day
Easter Monday
May 1st - Labor Day
May 8 - Victory Day 1945
Ascension Thursday
Whit Monday
July 14 - Bastille Day
August 15 - Assumption Day
November 1 - All Saints' Day
November 11 - Armistice Day 1918
December 25 - Christmas Day
In the event of force majeure or exceptional events (natural disasters, epidemics, strikes, lock-outs, etc.) delaying or prohibiting the delivery of goods, GRAJAGAN is released from all liability. In all cases, on-time delivery is only possible if you are up to date with your obligations to GRAJAGAN.
Article 11 - Non-return of items purchased in a store
Items purchased in a store cannot be returned by any means whatsoever to our online store.
Article 12 - Conformity - Warranty
Upon receipt, the customer must ensure that the items delivered correspond to those ordered.
Exchange and refund in the event of non-conformity of the order: The customer must inform GRAJAGAN within a maximum of seven days by e-mail at contact@grajagan.fr of any non-conformity in the execution of the order. After approval by the Company, the customer must return the items in question in their original packaging, in perfect condition, complete (label, accessories, instructions, warranty...) and accompanied by a copy of the invoice, all addressed to FMS -GRAJAGAN - 48 Rue des Vanniers, 40150 Soorts-Hossegor (France).It is the customer's responsibility to keep all proof of return, which implies that the items be returned by registered mail or by any other means giving a certain date to this shipment. GRAJAGAN will exchange the defective item(s) for another one(s) (identical product(s) to the one(s) ordered, while stocks last, or product(s) of equivalent quality and price, while stocks last) or refund the customer's money. In the absence of a possible exchange of the returned item(s), the refund of the invoiced price of the returned non-conforming item(s) will be made by re-crediting the credit card used to pay for the order, within 30 (thirty) days following receipt of the returned item(s) by GRAJAGAN.
The cost of returning the product ordered and delivered to the customer will be borne by GRAJAGAN if it is a defective product or an error in processing the order.
Please note that the warranty does not cover normal wear and tear or failure to follow care instructions.
Article 13 - Scope of these terms and conditions
If one or more stipulations of the present terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
Article 14 - Disputes - Applicable law and jurisdiction
It is your responsibility to check and comply with all local and international laws, rules and regulations (including minimum age requirements) relating to the use of our site.
These General Terms and Conditions of Sale are written in French and English. Should they be translated into one or more other languages, only the French or English text will be deemed authentic in the event of a dispute.
Any dispute to which the order may give rise, concerning for example its execution, interpretation, validity or cancellation, shall be governed by French law (for rules of form as well as rules of substance), to the exclusion of the provisions of the Vienna Convention of April 11, 1980 on the international sale of goods.
These General Terms and Conditions of Sale are governed by and construed in accordance with French law, in compliance with EC regulation 593/2008 of June 17, 2008. The present General Terms and Conditions of Sale do not prevent GRAJAGAN from complying with any provision of public order existing in the regulations of the European Union country from which the customer has ordered, provided that the customer is also domiciled there. In the event of a dispute, in accordance with the provisions of regulation no. 44/2001 of December 22, 2000 :
You may bring the matter either before the court of the place where you are domiciled, or before the French courts,
GRAJAGAN may bring the matter before the court in the place where you are domiciled.
COMMENTS
We welcome your comments. If you wish, you can send us your comments via our web form.
Article 15 - Legal warranty information
You benefit from the legal guarantee of conformity under the conditions of articles L.217-4 et seq. of the French Consumer Code and the guarantee of hidden defects under the conditions of articles 1641 et seq. of the French Civil Code.
When you take action under the legal warranty of conformity,
you have two years from the date of delivery of the goods to take action;
you can choose between repairing or replacing the product, subject to the cost conditions set out in article L.217-9 of the French Consumer Code;
for all products purchased up to March 17, 2016 at 23:59:59, you are exempt from proving the existence of a lack of conformity of the good during the six (6) months following delivery of the good;
for all products purchased after midnight on March 18, 2016, you are exempt from proving the existence of a lack of conformity for a period of twenty-four (24) months following delivery of the product.
The legal warranty of conformity applies independently of any commercial warranty that may have been granted.
You may decide to invoke the warranty for latent defects under article 1641 of the French Civil Code. In this case, you may choose between rescinding the sale or reducing the purchase price (article 1644 of the French Civil Code).
Article 16 - Limitation of liability
GRAJAGAN's liability towards the Customer is expressly subject to the following limitations and conditions, without which GRAJAGAN would not have agreed to the present conditions:
- GRAJAGAN provides access to its website free of charge to its customers.
- GRAJAGAN does not warrant the accuracy, currency or completeness of the information on this website, which may contain technical inaccuracies or errors. GRAJAGAN assumes no responsibility for updating this site or for the accuracy or completeness of any information posted on this site. Consequently, the Customer must ensure the accuracy and completeness of all information posted before making any decision related to the services, products or other subjects described on the site.
- GRAJAGAN is not bound by any obligation of result as to the accuracy of the information and data appearing on the site.
GRAJAGAN may make changes to the products and services offered on its site or to the prices applicable to these products and services at any time and without notice. The information published on the GRAJAGAN site concerning products and services may be out of date, and GRAJAGAN makes no commitment to update the information published on the site concerning these products and services.
GRAJAGAN DOES NOT WARRANT THAT THE SITE OR ITS CONTENT OR THE SERVICES AND FEATURES OFFERED ON THE SITE WILL BE ERROR-FREE OR AVAILABLE ON AN UNINTERRUPTED BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT USE OF THE SITE WILL PRODUCE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "SUBJECT TO AVAILABILITY" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOCIÉTÉ GRAJAGAN CANNOT GUARANTEE THAT THE FILES AND DATA ON THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION OR MALICIOUS FEATURES. SOCIÉTÉ GRAJAGAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GRAJAGAN MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACTS, OMISSIONS OR CONDUCT OF THIRD PARTIES IN CONNECTION WITH OR ASSOCIATED WITH THE CUSTOMER'S USE OF THE SITE AND/OR SERVICES PROVIDED BY GRAJAGAN. THE CUSTOMER ASSUMES FULL RESPONSIBILITY FOR ITS USE OF THE SITE.
GRAJAGAN's liability for all stages of access to the site, the ordering process, delivery or subsequent services, is limited to the best of its ability. GRAJAGAN cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service or failure of the customer's connection to the site, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the law and jurisprudence.
The Customer acknowledges that the services provided by GRAJAGAN via its website may be temporarily interrupted, in particular for maintenance or updating operations. It is the customer's responsibility to take precautions against such interruptions.
GRAJAGAN reserves the right to interrupt the services provided via its website for the purposes of technical and maintenance operations without the customer being able to invoke the existence of a prejudice and/or claim the payment of penalties and/or damages.
The parties expressly agree that GRAJAGAN may, if it sees fit, temporarily suspend the supply of services associated with its website without the Customer being able to invoke the existence of a prejudice and/or claim the payment of penalties and/or damages, in particular in the following cases (non-exhaustive list):
- force majeure or decision by the authorities;
- abnormal or fraudulent use of one or more Services by the Customer or third parties;
- bugs and/or anomalies preventing the site from functioning;
- maintenance operation(s);
- use of the Service that endangers the security or stability of all GRAJAGAN Services;
- misappropriation of all or part of the Identifiers and, more generally, of any information or data, whether sensitive, confidential or otherwise;
- fraudulent intrusion or maintenance of a third party in the system;
- illicit extraction of data.
IN NO EVENT SHALL GRAJAGAN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF THIS WEB SITE OR OTHER SITES OR RESOURCES LINKED TO OR ACCESSIBLE FROM OR VIA THIS WEB SITE, OR FOR THE USE, DOWNLOAD OR ACCESS OF ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES, INCLUDING ANY FINANCIAL LOSS, LOSS OF PROGRAMS OR DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT OR ANY OTHER LEGAL THEORY.