Conditions générales de vente
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Gorpeyewear with consumers and non-professional buyers ,wishing to acquire the products offered for sale by the Seller on the website verdigrisshop.com.
They specify in particular the conditions of ordering, payment, delivery and handling of any returns of Products ordered by Customers.
These General Terms and Conditions of Sale may be supplemented by specific conditions, stated on the website, before any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, including those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the website verdigrisshop.com and will prevail, where applicable, over any other version or contradictory document.
These General Terms and Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer's purchase is the one in effect on the website on the date the order is placed.
ARTICLE 2 - Products offered for sale
The products offered for sale on the website verdigrisshop.com are as follows:
· Candlestick
· Flower pot
· Lantern
· Mirror
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website verdigrisshop.com.
The Customer is required to read these terms and conditions before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website verdigrisshop.com are not contractual and do not constitute a binding commitment on the part of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
ARTICLE 3 - Validity Period of the Product Offer
Product offers are subject to availability, as specified when placing the order.
ARTICLE 4 - Seller's Contact Details
The Seller's contact details are as follows:
Gorpeyewear
33 allée Chantegrillet
42000 Saint-Etienne France
Email: contact@verdigrisshop.com
In accordance with the French Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at any time, the right to access, rectify, object to, erase and port all of his personal data by writing, by mail and providing proof of his identity, to the Seller's address, mentioned above.
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website verdigrisshop.com.
ARTICLE 5 - Orders
5-1. Placing an order. It is the Client's responsibility to select the Products they wish to order on the website verdigrisshop.com, according to the following procedures:
The Customer has the opportunity to review the details of their order, its total price, and correct any errors before confirming acceptance. It is their responsibility to verify the accuracy of the order and to report or correct any errors immediately.
An order is registered on the website verdigrisshop.com when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and confirms their order. This confirmation implies acceptance of all of these General Terms and Conditions of Sale as well as the general terms of use of the website.
The sale is final only after the Seller sends the Customer confirmation of acceptance of the order by email, which must be sent without delay and after the Seller has received full payment.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the terms described above, on the website verdigrisshop.com constitutes the formation of a distance contract between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to payment for a previous order.
The Customer will be able to track the progress of their order on the website verdigrisshop.com under the "Order Tracking" section.
The Seller does not intend to sell the Products on the website verdigrisshop.com to professionals, but only to consumers or non-professionals for their personal use. The Seller therefore reserves the right to refuse orders for the same Product in large quantities and exceeding 50.
5-2. Order Modification Any modifications to the order by the Customer can only be taken into account by the Seller within the limits of its capabilities and provided that they are notified by email to the following address: contact@verdigrisshop.com to the Seller 2 days at least before the scheduled date for the shipment of the order.
In the event that these modifications cannot be accepted by the Seller, any sums paid by the Customer when placing the order will be refunded within a maximum period of 14 days from the date of notification of the impossibility of accepting the modifications requested by the Customer (unless the Customer prefers to receive a credit note or an exchange).
5-3. Order Cancellation Orders may be cancelled by the Customer except in the exercise of the right of withdrawal or in cases of force majeure 2 days at least before the scheduled date for the supply of the ordered Products, without charge to the Customer.
ARTICLE 6 - Rates
The Products are supplied at the prices in effect on the website verdigrisshop.com at the time the Seller registers the order. Prices are expressed in pound sterling, including VAT.
The prices take into account any discounts that may be offered by the Seller on the website.
These prices are fixed and non-negotiable during their validity period, as indicated on the website. Outside of this validity period, the Seller reserves the right to change prices at any time. They include processing, shipping, transport, and delivery fees.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
ARTICLE 7 - Payment Terms
The price is payable in full, in cash, on the day the order is placed by the Customer, via secure payment, according to the following terms:
● By bank card: Visa, MasterCard, American Express, Maestro
Payment by bank card is irrevocable, except in cases of fraudulent use of the card. In such cases, the Customer may request cancellation of the payment and a refund of the corresponding amounts.
ARTICLE 8 - Deliveries
The Products ordered by the Customer will be delivered in United Kingdom and internationally.
The delivery time corresponds to the shipping time indicated on the product page, plus the processing and transit time. Products are delivered within an average of 10-16 days to the address provided by the customer when placing their order on the website.
An express delivery option is available for delivery in the United Kingdom, at a cost of £5.99, with an estimated delivery time of 5 to 8 business days. In the event of withdrawal, the additional cost of express delivery is not refundable.
Delivery consists of transferring physical possession or control of the Product to the Customer. Unless otherwise specified or in the event of unavailability of one or more Products, the Products ordered will be delivered in a single shipment.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the aforementioned timeframes. However, these timeframes are provided for informational purposes only. If the ordered Products have not been delivered within 30 days of the estimated delivery date, for any reason other than force majeure or the Customer's own actions, the sale may be cancelled at the Customer's written request, in accordance with Articles L 216-2, L 216-3, and L241-4 of the French Consumer Code. The sums paid by the Customer will then be refunded within fourteen days of the date of cancellation, without any compensation or deductions.
In the event of non-conformity of the delivered Product, the Seller undertakes to remedy it or to reimburse the Customer, as indicated in the article "Seller's Liability - Warranty".
The Seller assumes the risks of transport and is required to reimburse the Customer in case of damage caused during transport.
ARTICLE 9 - Transfer of Ownership - Transfer of Risk
Ownership of the Seller's Products will only transfer to the Customer after full payment of the price by the Customer, regardless of the delivery date of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of risk of loss and damage relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 10 - Right of withdrawal
In accordance with applicable legal provisions, the Customer has a period of fourteen days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to justify reasons or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen days (14 days at the latest following the communication of the decision to withdraw) following notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be resold as new, and must be accompanied by the purchase invoice. Damaged, soiled, or incomplete products will not be accepted.
The right of withdrawal can be exercised online, using the withdrawal form available on the website verdigrisshop.com, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or by any other unambiguous statement expressing the wish to withdraw.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs will remain the responsibility of the Customer.
The refund will be made within fourteen days (at most 14 days) from the date the Seller is notified of the decision to withdraw.
ARTICLE 11 - Seller's Liability - Warranty
The Products sold on the website verdigrisshop.com comply with the regulations in force in France and have performance levels compatible with non-professional uses.
The Products supplied by the Seller benefit, by right and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:
● of the legal guarantee of conformity, for Products that are apparently defective, damaged or broken, or do not correspond to the order,
● of the legal guarantee against hidden defects arising from a flaw in materials, design or manufacturing affecting the delivered products and rendering them unfit for use,
under the conditions and according to the terms referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee against Hidden Defects).
It is recalled that under the legal guarantee of conformity, the Customer has a period of two years from the delivery of the goods to take action against the Seller; may choose between repair or replacement of the ordered Product, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code; is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product.
The statutory warranty of conformity applies independently of any commercial warranty that may cover the Product. The Customer may choose to invoke the warranty against hidden defects in accordance with Article 1641 of the Civil Code; in this case, they may choose between rescinding the sale or obtaining a reduction in the sale price in accordance with Article 1644 of the Civil Code.
The Seller will refund or replace Products or parts under warranty deemed non-compliant or defective. Shipping costs will be refunded based on the invoiced rate, and return shipping costs will be refunded upon presentation of proof of payment.
Refunds for Products deemed non-compliant or defective will be processed as quickly as possible and no later than 14 days after the Seller has confirmed the non-compliance or hidden defect. The refund will be issued as a credit to the Customer's bank account.
The Seller shall not be held liable in the following cases:
● non-compliance with the legislation of the country in which the products are delivered, which is the Client's responsibility to verify,
● in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or refund of non-conforming or defective Products.
ARTICLE 12 - Protection of personal data
In accordance with Law 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, please note that the personal data requested from the Customer is necessary for processing their order and issuing invoices, among other things. This data may be shared with the Seller's partners responsible for the execution, processing, management, and payment of orders.
The processing of information communicated via the website verdigrisshop.com complies with legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
In accordance with applicable national and European regulations, the Client has a permanent right of access, modification, rectification, objection, portability, and restriction of processing with regard to information concerning them. This right may be exercised under the conditions and according to the procedures defined on the website verdigrisshop.com.
ARTICLE 13 - Intellectual Property
The content of the website verdigrisshop.com is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any reproduction, in whole or in part, of this content is strictly prohibited and may constitute an infringement, unfair competition, and passing off of intellectual property rights.
ARTICLE 14 – Unforeseen Circumstances
These General Terms and Conditions expressly exclude the legal doctrine of unforeseen circumstances provided for in Article 1195 of the French Civil Code for all sales of Products from the Seller to the Customer. The Seller and the Customer therefore each waive their right to invoke the provisions of Article 1195 of the French Civil Code and the doctrine of unforeseen circumstances contained therein.
ARTICLE 15 - Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, arises from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 16 - Applicable Law - Language
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
ARTICLE 17 - Disputes
All disputes arising from purchase and sale transactions concluded under these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences and subsequent effects, which could not be resolved between the seller and the customer, shall be submitted to the competent courts under the conditions of common law.
The Client is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
ARTICLE 18 - Pre-contractual information - Customer acceptance
Placing an order on the website verdigrisshop.com by a natural person (or legal entity) implies full and complete acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
APPENDICES
APPENDIX 1 - Provisions relating to legal guarantees
Article L217-4 of the Consumer Code: The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision.
Article L217-5 of the Consumer Code : To be compliant with the contract, the goods must:
● To be fit for the purpose for which goods of the same type are normally used and, where applicable:
● correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model
● to possess the qualities that a buyer can legitimately expect, given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling
● Or present the characteristics defined by mutual agreement between the parties or be suitable for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L217-12 of the Consumer Code The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article L217-16 of the Consumer Code: When the buyer requests the seller, during the term of the commercial warranty granted upon the purchase or repair of movable property, to carry out repairs covered by the warranty, any period of immobilization of at least seven days is added to the remaining term of the warranty. This period begins from the date of the buyer's request for service or the date the property is made available for repair, if the latter is later than the request for service.
Article 1641 of the Civil Code The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, 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.
APPENDIX 2 - Withdrawal Form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on verdigrisshop.com except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
To the attention of Verdigris by email: contact@verdigrisshop.com
● Order date: ...........................................................
● Order number: ...........................................................
● Customer Name: ...........................................................................
● Customer Address: .......................................................................
Client Signature (only if this form is submitted on paper)