General Conditions of Sale: GRABOTTES ONLINE SALES

Preamble

The website www.grabottes.fr (hereinafter referred to as the "Site") is an e-commerce site accessible via the Internet network and which allows the user of this network (hereinafter referred to as the "Internet User") to purchase children's clothing and accessories.

The Site is operated by the company Grabottes (hereinafter referred to as “Grabottes”), an SARL with capital of 5,000 Euros, whose head office is located at 3 allée des Epinettes – 69 580 SATHONAY-VILLAGE, registered in the Lyon Trade and Companies Register under number 902 128 669. Email address: contact@grabottes.fr

The website allows the company Grabottes (hereinafter referred to as the "Seller") to offer for sale textile products and accessories manufactured by Grabottes (hereinafter referred to as the "Products") to Internet users browsing the site and who can order Products directly on the site (hereinafter referred to as "Customers"). For the purposes of this Agreement, it is agreed that the Customer and Grabottes will be collectively referred to as the "Parties" and individually referred to as a "Party", and that the Customer who has validated an order will then be referred to as the "Buyer".

It is specified that the Products are reserved for individuals and are exclusively intended for personal use. Under no circumstances may the Products be used professionally by the Buyer.

Any visit to the Site and/or order of a Product offered on the Site implies the Buyer's acceptance of these general terms and conditions of sale (hereinafter referred to as "the GTC"). The general terms and conditions may be subject to change; the applicable conditions are those in force on the site www.grabottes.fr (the "Site") on the date the order is placed by the Buyer.

The provisions set out in these general conditions apply, in the absence of specific conditions to the contrary, to sales concluded by the Buyer with the Seller and to all Products marketed by the Seller.

They also apply subject to the public policy provisions of the consumer code applicable to consumers (provisions in the event of late delivery of Products, etc.).

Article 1 – Purpose

These general terms and conditions of sale govern the rights and obligations of the Parties resulting from the online sale of the Products offered on the Site; they apply to the exclusion of any other document.

Article 2 – Products

The Products offered for sale by Grabottes are those appearing on the Site www.grabottes.fr, on the day the Customer consults the site.

The Products are offered for sale online within the limits of available stocks, or subject to the possibility of pre-ordering them where applicable. The availability of the Products is checked by Grabottes at the time of preparation of the order.

Before placing an order, the Buyer is invited to consult the description of each Product to know its characteristics. The photographs and descriptions of the Products offered for sale online only bind the Seller for what is precisely indicated.

The Buyer acknowledges having received communication, prior to placing his order and concluding the contract, in a clear and comprehensible manner, of these General Conditions of Sale and the information listed in Article L.221-5 of the Consumer Code.

Article 3 – Price

Prices are indicated in Euros, all taxes included, including VAT and excluding delivery costs. Value Added Tax is that in force in France at the time the order is placed. Delivery costs remain the responsibility of the Buyer and are indicated when the order is placed.

The Seller reserves the right, at any time and at its sole discretion, to modify its prices and to offer promotional offers or price reductions.

The prices applied are those appearing on the Site on the day of the order.

Just like delivery costs, any additional costs such as bank charges, customs duties, local taxes, will be borne by the Buyer and are their responsibility.

Article 4 – Order

Any order constitutes express and irrevocable acceptance of the prices and descriptions of the Products available for sale. Validation of the order therefore constitutes express acceptance of the general conditions of sale.

4.1 - Recording the order

To place an Order, the Buyer must select the different Product(s) of their choice and click on “Add to cart”.

At any time, the Buyer can access the summary of his basket and/or modify the Products entered (example: products, quantities, price, size, color) as long as the order is not definitively validated. He can continue his selection of Products by clicking on the button "Continue my purchases" and complete his order by clicking on the button "Order".

Once the shopping cart has been checked and/or adjusted, the Buyer clicks on “Proceed to payment”. He must then:

• log in to your Account or create an Account, under the conditions of article 5 of the T&Cs;
• choose the delivery method, under the conditions of article 7 of the T&Cs;
• then proceed to payment of the Order, under the conditions of article 6 of the T&Cs.

Once this step is completed, the Customer is invited to click on the "Continue" button which will allow him to access the "Payment" section. He must read and accept these general terms and conditions of sale as well as acknowledge his right of withdrawal to access the payment step.

The Buyer then confirms his order by clicking on the “Validate and pay” button. This action constitutes the formation of a distance selling contract concluded between the Seller and the Buyer.

4.2 - Validation/Confirmation of the order

Once the Order has been paid by the Buyer, the Buyer will receive confirmation of the order by email, as well as a summary of the order with its total price including tax.

The contact details provided by the Buyer must be verified by the latter in order to ensure the correct receipt of emails related to the validation of his order. If the latter does not receive it within twenty-four (24) hours following the Order, the Buyer must contact the Seller via the email address: contact@grabottes.fr

In addition, the Seller, Grabottes, reserves the right to cancel any Order in the event of a Product being out of stock. It must inform the Buyer by email and will, where applicable, refund the full price including tax paid by the Buyer. The Seller may also offer the Buyer another equivalent product that is available.

4.3 - Cancellation or suspension of order

The Seller, Grabottes, also reserves the right to suspend or cancel any execution of an Order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any amount that would be due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including in the event of previous Orders.

Article 5 – Creation of a customer account

Placing an Order requires the Buyer to create a personal account (hereinafter referred to as “the Account”).

Any new Buyer must fill in the fields provided to create their customer account. They must accurately complete the form provided, on which they will include their personal data and the information necessary for their identification, including a valid email address and a password of their choice, which will be used later to identify themselves on the Site.

The Buyer undertakes to provide accurate information and to make the necessary updates to his data so that they correspond to the requested criteria and is solely responsible for the accuracy of his information.

After creating their account, the Buyer can access it using their login ID and password.

The Buyer undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf, unless he bears full responsibility for it. Failing this, the Seller cannot be held responsible for unauthorized access to a Customer's account.

The Buyer may delete his Account at any time by clicking on the "Delete my account" section in his online space. Unsubscription is effective immediately. It automatically deletes the Buyer's Account, which will then no longer allow him to place an order.

It is the Buyer's responsibility to take the necessary measures to retain, by their own means, the information in their Account that they deem necessary.

Article 6 – Payment

All orders placed on the Site are payable in euros. The total price including tax owed by the Buyer is the amount indicated at the time of payment validation. This price is then recalled at the end of the payment in the order confirmation, a summary document sent by email by Grabottes, to the Buyer's email address that he has provided.

6.1 - Payment terms

Payment is made online by bank card (Visa/MasterCard/CB) via the PAYPLUG application, payment service provider. In accordance with the provisions of the Monetary and Financial Code, the payment order given by the Buyer is irrevocable and he thus authorizes his account to be debited for the total price including tax of the Order.

The Buyer guarantees to Grabottes that he is fully authorized to use the payment card for the payment of his order and that these means of payment legally give access to sufficient funds to cover all costs resulting from his order on the Grabottes.fr Site.

The Buyer can access the invoice corresponding to his Order on his Account.

6.2 - Retention of title – Transfer of risks

The Products sold remain the property of the Seller until full payment of their total price including tax (delivery costs included), in accordance with this retention of title clause. In the event of non-payment of the price in principal and accessories on the due date, the Seller may, upon simple written notification sent by registered letter with acknowledgment of receipt, and without any other formality or notice, pronounce the automatic resolution of the sale, subject to all damages and interest in its favor. In this case, the Seller will be entitled to claim the return of the Products from the Buyer.

The transfer of risks of loss, theft and deterioration of the Products will be carried out on the date of delivery of the Products to the Buyer.

Article 7 – Delivery

7.1 - Geographic delivery area

Orders can be shipped worldwide.

7.2 - Delivery methods

The products will be delivered to the address indicated “delivery address” by the Buyer on the Site when placing their order.

The Buyer is informed, before the Order, of the possible delivery methods. He has the possibility to choose from different delivery methods: Colissimo, Mondial Relay, Chronopost

Once the delivery method has been selected, the Buyer undertakes to provide all the information necessary for the effective delivery of the product(s) according to the chosen method.

7.3 - Delivery costs and times

Delivery costs and times are indicated to the Buyer before payment of his Order. This information is recalled in the summary of the Order before payment as well as in the Order confirmation email.

The delivery costs may be reassessed by the Seller based on the rates applied by the carriers. However, the applicable delivery costs will be those indicated on the Site on the date of the Order validated and paid.

The delivery times indicated on the Site are indicative times, corresponding to the average processing and delivery times observed. The Seller, Grabottes, cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers.

The delivery time indicated does not take into account the time taken by the Seller to prepare the Order. The Seller undertakes to inform the Buyer in advance of any preparation times that may be extended, particularly in the event of holidays.

The Seller undertakes, in all cases, to respect a delivery deadline within thirty days from the conclusion of the contract with the Buyer.

In the event of non-compliance with delivery deadlines or dates, or failure to indicate a date or deadline when ordering, exceeding 30 (thirty) days from the conclusion of the contract, the Buyer may cancel the order, by registered letter with acknowledgement of receipt, if after having ordered the Seller to make the delivery, he has not complied.

The contract is considered terminated upon receipt by the Seller of the letter or written document informing it of this termination, unless delivery has taken place in the meantime.

The Buyer will then be reimbursed, at the latest within 14 (fourteen) days following the date on which the contract was terminated, for all sums paid.

The Buyer can track his order via the tracking number communicated to him by the carrier according to the delivery method he has previously chosen. He can also contact the Seller to track his Order by contacting him at the contact details mentioned in the Preamble to these General Terms and Conditions.

Upon delivery, the Buyer is required to check the condition of the packaging of the goods and to report as soon as possible any damage caused by the carrier on the delivery note, in the form of handwritten reservations, accompanied by his signature. Any defect resulting from clumsiness or incorrect handling by the Customer cannot be attributed to the Seller.

In the event of a dispute over delivery, the Seller may ask the Buyer for proof of filing a claim with the delivery services before starting the reshipment or refund procedure.

If the Buyer's package is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Buyer upon receipt of the returned package to ask what to do with the order. If the Customer has mistakenly refused the package or has not collected the package within the allotted time, he may request that it be resent by paying the postal charges for the new shipment in advance. Postal charges must be paid even for orders for which postage was free when the order was placed.

Article 8 – Right of withdrawal

The Buyer has a period of fourteen (14) calendar days to exercise his right of withdrawal from receipt of the Products and return at his own expense and without reason, the Product(s) he has ordered. If the period expires on a Saturday, Sunday or public holiday, it is extended until the expiry of the last hour of the next working day.

The Buyer wishing to exercise his right of withdrawal must send by post or email to the Seller, at the contact details mentioned in the preamble to these General Terms and Conditions, before the expiry of the period of 14 (fourteen) days (date of dispatch being authentic), the withdrawal form below duly completed, or a declaration clearly expressing his wish to withdraw and including his order number. In the event of transmission via an online form, the Seller communicates, without delay, to the consumer an acknowledgment of receipt of the withdrawal on a durable medium.

The Products must be returned by the Buyer to the Seller, Grabottes, no later than 14 (fourteen) days following the Buyer's notification of their decision to withdraw, in their original packaging and wrapping (which may have been opened), bearing their original label, unworn, unwashed and accompanied by their accessories.

The Seller recommends returning the item using a solution that allows tracking of the package. Failing this, if the returned package does not reach the Seller, the Buyer must take the necessary steps to locate the package on their own.

The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such demonstration has not previously taken place.

The Buyer will be reimbursed for the full amount paid for his Order including delivery costs, however, the direct costs of returning the goods remain the responsibility of the Buyer.

The refund will be made using the same means of payment as that used for the initial transaction, unless the Buyer and the Seller expressly agree in writing on a different means and to the extent that the refund does not incur any costs for the Buyer. The Seller is not required to reimburse the additional costs if the Buyer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.

Please note: in accordance with article L 221-28 5° of the Consumer Code, underwear-type products that have been unsealed by the Buyer after delivery will not be eligible for the right of withdrawal and cannot be returned for hygiene reasons.

Withdrawal form:

Please complete and return this form only if you wish to withdraw from the contract.

For the attention of Grabottes, 3 allée des Epinettes, 69580 Sathonay-Village

I hereby notify you of my withdrawal from the contract for the sale of the property below:

Order number:

Ordered on (*) / received on (*) refunded on (*)

Name of buyer(s):

Address of the buyer(s):

Signature of the buyer(s):

(only if this form is notified on paper)

Date :

(*) Delete as appropriate.

Article 9 – Guarantees

The Buyer benefits from the guarantee of hidden defects and conformity in accordance with the provisions of Articles 1641 to 1649 of the Civil Code (guarantee of hidden defects) and Articles L.217-1 to L.217-17 of the Consumer Code (legal guarantee of conformity).

9.1 - Legal guarantee of conformity

The Buyer benefits from the legal guarantee of conformity of the Products under the conditions provided for by articles L217-1 to L217-17 of the Consumer Code.

Article L217-3

The seller delivers goods that comply with the contract and the criteria set out in Article L. 217-5.

Article L217-4

The property complies with the contract if it meets, in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract; […]

Article L217-5

I.- In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria:
1° It is suitable for the use normally expected of a good of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

Article L217-8

In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or to termination of the contract, under the conditions set out in this subsection. […]

9.2 - Legal guarantee against hidden defects

Article 1641 of the Civil Code

"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."

Article 1648 paragraph 1 of the Civil Code

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

Article 10 – Customer service

For any specific questions, customer service can be reached by email at contact@grabottes.fr or by post at the address indicated in the legal notices.

Article 11 - Personal data - intellectual property

11.1 – Personal data

Grabottes intends to comply with Law 78-17 of 6 January 1978 relating to information technology, files and freedoms, as amended, as well as Regulation (EU) 2016/679 relating to the protection of personal data "GDPR" (hereinafter referred to as "Data").

Grabottes collects personal information and data concerning Customers which have as legal basis (i) its legitimate interest with a view to the execution of pre-contractual and contractual measures, the processing, management, monitoring and delivery of Customer orders, (ii) and compliance with legal and regulatory obligations, namely mainly the establishment of invoices and accounting.

Grabottes only keeps data for the duration necessary for the operations for which they were collected and in compliance with the regulations in force. In this regard, Customer data is kept for the duration of the contractual relationship plus 3 years for the purposes of animation and prospecting, without prejudice to retention obligations or limitation periods. Prospect data is kept for a period of 3 years in the absence of activity with the prospect.

In accounting matters, they are kept for 10 years from the closing of the accounting year concerned.

This data is intended for authorized Grabottes personnel and its subcontractors within the meaning of the data protection regulations. Customer data is not transferred outside the European Union. Customers have the right to access, rectify and erase, limit the processing of their data, object to the processing of their data, the right to the portability of their data and, regarding their consent, the right to withdraw. They also have the right to formulate specific and general directives concerning the retention, erasure and communication of their data post mortem. It is possible to communicate these directives and exercise these rights by email to the address: contact@grabottes.fr or by post to the address 3, allée des Epinettes – 69 580 SATHONAY-VILLAGE accompanied by a copy of a signed identity document. In the event of dissatisfaction, the Customer also has the right to lodge a complaint with the CNIL.

11.2 – Intellectual property

The entire Site www.grabottes.fr is protected by French and international legislation relating to intellectual property. All reproduction rights are reserved.

The brand, logos and trade name appearing on the Site are registered and may not be reproduced in whole or in part from elements of the Site.

Article 12 – Modification of the general conditions of sale

The Seller reserves the right to modify and update the T&Cs without notice. The T&Cs as modified are accessible at any time on the Site www.grabottes.fr and will apply to any Order placed after this posting.

Article 13 – General

If one or more provisions of the T&Cs are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope.

The fact that the Buyer or the Seller does not assert against the other party a breach of any of the obligations referred to in the General Terms and Conditions cannot be interpreted for the future as a waiver of the obligation in question.

Article 14 – Consumer mediation

The parties will make their best efforts to resolve their disputes amicably, the Buyer agreeing to first contact the Seller in the event of difficulty. If the parties are unable to resolve their dispute amicably, the Buyer, if he is a consumer, is informed that he may in any event resort to conventional mediation free of charge (C. consum. art. L 612-1 et seq.). All information at the address: www.mediation-conso.fr .

Article 15 – Applicable law – competent courts

The law applicable to any order is French law.

In the absence of an amicable settlement or in the event of failure of mediation, any dispute relating to the sales contract will be submitted to the competent courts under the conditions of common law.