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General terms and conditions of sale

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Preamble

These General Terms and Conditions of Sale are intended to define the contractual relationship between GRAVIPACK and the buyer and the conditions applicable to any purchase made through the GRAVIPACK e-commerce site, named www.gravipack.com.
The website www.gravipack.com is a service of:

The company:

GRAVIBAG SAS
Address: Euripole Business 17 rue de Sancey 89100 Sens France
Siren: 84054333383 RCS of Sens
VAT number: FR228405433800011
Tel: +33 (0) 9 84 49 28 27

URL address of the site: www.gravipack.com
E-mail: contact@gravipack.com

The website host:

The company: WP SERVEUR SARL
Address: 7 rue de la Cité Foulc, 30000 Nîmes.
Tel: +33 (0) 9 72 49 72 64

The following General Terms and Conditions of Sale have been drafted to inform potential consumers about the terms and conditions under which purchases, sales and delivery of all products offered by the company on its website are made. These General Terms and Conditions of Sale also determine the rights and obligations that sellers and consumers must respect to ensure that transactions take place under the best possible conditions.
Any order placed on the website www.gravipack.com therefore implies the buyer acknowledging having read the General Terms and Conditions of Sale and having accepted them.
These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels. They are accessible on the gravipack.com website and will prevail, if necessary, over any other version or any other contradictory document. The seller and the buyer agree that these general conditions alone govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable once they are put online. If a condition of sale is not met, it will be deemed governed by practices in force in the distance selling sector where the companies have their registered office in France.

1. Characteristics of the goods and services offered:

The products and services offered are those listed in the catalogue published on the seller’s website.
Each product is accompanied by a description and a photograph. The photographs and descriptions of the products in the catalogue are as accurate as possible to reality but can in no way guarantee being completely identical with the product offered, particularly as regards colours. Accordingly, GRAVIPACK cannot be held liable in the event of an error or omission in any of the texts, photographs or graphics relating to the product or in the event of any modification of the product characteristics by the supplier.

2. The Prices:

The prices of our products are indicated in euros including all taxes, that is to say with French VAT (Value Added Tax) + any other additional or related taxes excluding contribution to the shipping and delivery costs of the order for orders to be delivered in Mainland France.
For all products shipped, except European for Community and overseas territories and departments, the price will be calculated excluding tax automatically on the invoice. Customs duties and/or other local taxes or import duties or state taxes will then be requested by its local administrative bodies. These duties and sums are not Gravipack’s responsibility. They will be the responsibility of the buyer and are his sole responsibility, both in terms of declarations and payments to the competent authorities and/or bodies of different countries.
Products remain the property of GRAVIPACK until full payment of the price.
Any particular request from a professional, works council or other body may be processed once an initial electronic or telephone contact has been made.
For any questions regarding the price of our products, please e-mail contact@gravipack.com

3. Orders:

The buyer recognising having the legal capacity to place an order and being over 18 years of age.
Electronic confirmation of the order implies, for the buyer, acceptance of these General Terms and Conditions of Sale, recognition of having fully read them and waiver of the right to invoke his own purchase conditions or other conditions. His commitment is then deemed to be definite and final.
All the data provided and the confirmation recorded will serve as evidence of the transaction. Confirmation will serve as signature and acceptance by the buyer of the operations carried out.
The seller will send confirmation of the recorded order by e-mail.
The customer can track his order on the site by clicking on “My Account”.

4. Payment terms:

Payment of the products and any shipping costs related to the order are due in full when the order is placed to confirm its acceptance by the customer.
Payment is expressed in euros only and inclusive of all taxes (VAT).
At the buyer’s request, a hard copy or digital invoice will be sent to the buyer, particularly showing the VAT to be paid.
For orders outside France, the prices shown are quoted without French VAT; you will be required to pay the VAT relating at your own behest will if it is not automatically requested by the customs services of your country.
GRAVIPACK cannot be held liable for the non-payment of this tax or any tax relating to a shipment outside France between its customers and the customs services of their countries.
The customer may make his payments:
– By credit card (Debit Card, Visa, Mastercard, American Express).
– By Paypal (without an account obligation, on the PayPal page is a
Pay by credit card tab written in plain text).

Payment of an order may be returned unpaid at any time up to 120 days from the date of placing the order. Accordingly, GRAVIPACK reserves the right, at its sole discretion, not to ship a package whose payment, IP address or delivery address may appear dubious or dangerous to it for its own account or that of a third party.
GRAVIPACK will then have no indemnity, nor any compensation of any kind to pay as this is a matter of the safety of its own customers, suppliers and service providers.

5. Deliveries:

5.1 Delivery deadlines and availability:
The offers on the site are only valid within the limits of available stocks.
Gravipack is an innovative and new product, orders are VIP booking orders. *You will be the brand’s ambassadors and will receive your product with the inserts and invention current of April.

If for any reason whatsoever the seller is unable to deliver the order to the buyer, the seller will contact the customer and offer him the possibility of changing, modifying or cancelling his order.

5.2 Delivery rates:
The prices shown on the Website are prices inclusive of all taxes, unless you are connected to an account whose delivery address is outside the European Union. In the latter case, the price displayed is the price excluding tax.
The prices shown on the Website do not include shipping costs.
Delivery is free of charge for mainland France.
A cost of 10 euros for Europe, French overseas departments and territories will be requested.
For other countries in the world, a contribution of 15 euros.
All our prices are exclusive of customs duties.

5.3 Transport:
Our parcels all have a colissimo and Postal tracking number.
Risks are rare, and incumbent on the buyer from the time the products have left the seller’s or its carrier’s premises and when the customer returns his product to the seller.
The seller shall ensure that the products are properly protected for transport. If, despite this, products in the order are damaged during transport, the buyer may either refuse delivery of the damaged products or make handwritten, dated and signed provisos on the transport order or at the post office depending on the means of transport used.
He must also contact GRAVIPACK, within 24 hours by following the site returns procedure accessible from “Your account” then “View my previous orders” then “Order detail” indicating the product concerned and the reason for the return request. After verification, the seller will provide the buyer with a return number and the procedure to follow by email.
The product must be returned by the customer in its original packaging, intact and sealed. The photocopy of the invoice must be attached to the product and the return number marked on the transport packaging.
The seller will deliver the replacement product at its own expense within the limits of available stocks after the return of the damaged product. The costs of returning the damaged product will be refunded to the customer upon receipt of payment.
The seller will not accept returned products if a return number has not been provided to the buyer.

5.4 Product missing on delivery or delivery not compliant with the order:
If the customer finds that a product is missing upon delivery by the carrier, he must contact the seller within 48 business hours of delivery with his order number. The seller will then deliver the missing product as soon as possible without additional shipping costs or exchange the product if the delivery fails to comply with the order.

To make an exchange, the customer must contact the seller:
– or, for missing products, by e-mail to contact@gravipack.com, with his order number
– or, for products delivered not compliant with the order, by e-mail to contact@gravipack.com, with his order number. The customer may then request a return number indicating the product he wishes to return and the reason for the return. After verification, the seller will send an email with a return number to the customer describing the procedure to follow. The product must be returned by the customer in its original packaging intact and sealed. The photocopy of the invoice must be attached to the product and the return number marked on the transport packaging. The cost of returning this item will be refunded upon receipt and the product that was not delivered in compliance with the order will be delivered without additional shipping costs to the customer.

6. WITHDRAWAL RIGHTS AND DEADLINES

6.1 Deadline for exercising the legal right of withdrawal
Pursuant to Article L. 221-18 of the Consumer Code, the Purchaser has a deadline of 14 (fourteen) days from the day of receipt of the package containing the ordered products, to exercise his right of legal withdrawal without having to justify his decision. For your convenience, nevertheless, you have a deadline of 15 (fifteen) days from the day of receipt of your package to exercise this right of withdrawal. In the case of a Gift Card purchased on the Site, the Purchaser also has a deadline of 15 (fifteen) days from the confirmation of his Order to exercise his right of withdrawal, as long, nevertheless, that the Gift Card has not been used in whole or in part before the expiry of this deadline. Indeed, in this case no right of withdrawal or refund in any form whatsoever is provided for.

6.2 Consequences of exercising the legal right of withdrawal
If the products can be subject to the right of withdrawal, the Purchaser exercising his right of withdrawal in compliance with the deadlines and conditions for return of the products, may obtain a refund of the returned products.

6.3 Costs
GRAVIPACK will not cover the cost of returning the Products.

6.4 Conditions for exercising the legal right of withdrawal and the contractual right of withdrawal
The Purchaser or, as applicable, the recipient of the Order, must inform GRAVIPACK of its intention to withdraw by contacting GRAVIPACK Customer Service within 15 (fifteen) days of receipt of the Order. The Purchaser must contact GRAVIPACK by e-mail at the following address: contact@gravipack.com.
The Purchaser will be refunded the amount of his order and the delivery costs actually paid at the time of delivery. On the other hand, for orders placed outside the European Union for which customs duties have been invoiced to the Buyer, GRAVIPACK will not refund any customs duties.

6.5 General provisions applicable to all types of return
Products must be returned to GRAVIPACK in a condition fit to be resold (products in perfect condition with their original packaging) within 15 (fifteen) days of receipt at the latest. Returns of products sent after this time will not be accepted.

7. Cancellation:

The customer can request the cancellation of the transaction as long as the order has not been sent by Gravipack.

8. Faulty products:

If the items you have ordered are faulty or do not match the description as given on the Website, please contact us as soon as possible at contact@gravipack.com Please return any faulty products and we will replace them if they are in stock or refund them in full (including shipping costs) upon receipt of the returned products.

9. Your personal data

The personal information you may provide to us when using our site is collected and used in accordance with the personal data protection policies that are accessible on one of the tabs at the bottom of the site.

10. Liability:

If for any reason whatsoever, one of these General Terms and Conditions of Sale is declared inapplicable, this inapplicability shall not affect the application of the other provisions of the General Terms and Conditions; the provision deemed inapplicable shall then be replaced by the provision closest as possible to its purpose.
The seller, in the online sales process, is only bound by an obligation of means; his liability cannot be incurred for any damage resulting from the use of the Internet such as loss of data, intrusion, viruses, interruption of service, or other unintentional problems.
The seller’s liability is limited to the amount of the purchase made by the buyer. The seller cannot be held liable in the event of stock shortage or late delivery by its suppliers.
Under no circumstances may GRAVIPACK be held liable for any damage whatsoever, direct or indirect, caused to the user or a third party, particularly resulting from a malfunction, failure, loss of profit, loss of data, loss of profits, operating loss, loss of software, damage, misuse, or loss of equipment by the user or a third party.
The seller assumes no liability for compensation for direct and indirect, tangible or intangible damage that may result from the above-mentioned damage in an exhaustive manner. The seller shall also not be required to bear the costs of recovering, reproducing or repairing such losses or damage.
The seller cannot be held liable for any input errors by the customer during the order and resulting in errors or delays in the delivery.

11. Retention of title clause:

Goods remain the property of GRAVIPACK until full payment of their price.

12. Force majeure:

In the event of force majeure as defined by the case law of the French courts, making it impossible for either party to meet its obligations, the respective obligations of the parties will first be suspended for the duration of the event, with the exception of the obligations stipulated in Article 12 “Intellectual Property”.
If this suspension lasts longer than 30 days, the contract may be terminated ex officio at the initiative of either party by sending a registered letter with acknowledgement of receipt. GRAVIPACK and the other party shall then no longer be bound by their obligations, with the exception of those resulting from Article 12 “Intellectual Property”, without any compensation whatsoever being due from either party.
Neither party shall be held liable for any breach of its obligations resulting from a case of force majeure or act of God pursuant to Article 1148 of the Civil Code and the case law of the Court of Cassation. The parties hereby recognise as cases of force majeure or acts of God, cases of total or partial strikes external to the service provider, the export ban, the modification of the regulations applicable to the provision of service, the blocking of means of transport, fire, lightning and flooding”.

13. Intellectual property:

All the elements of the www.gravipack.com website are and remain the intellectual and exclusive property of GRAVIBAG SAS.
No one may reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the www.gravipack.com site, software, visual or audio.
Any regular or hypertext link is strictly prohibited without the express written consent of GRAVIPACK, Gravipack cannot be held liable where the content of the sites to which a link is provided with hypertext links breaches legal and regulatory provisions in force.

14. Archiving – Proof:

Computerised records, kept under reasonable security conditions, shall be deemed proof of communications, orders and payments between the parties.
Purchase orders, order confirmations and invoices are archived on a reliable and durable medium in order to ensure a reliable and durable copy in accordance with article 1348 of the Civil Code.
The seller’s computerised records shall be deemed by the parties as proof of communications, orders, payments and transactions between the parties.

15. Non-disclosure of financial information:

Payment information is not stored by our website.

16. Settlement of disputes:

These General Terms and Conditions of Sale are subject to French law and more particularly to regulations on distance selling (articles L. 121-16 to L. 121-20 of the Consumer Code), Directive 97/7 EC of 20 May 1997 on the protection of consumers in respect of distance selling, and the law of 1 August 2000.
For the settlement of any disputes concerning the contract of sale, the parties may, by mutual agreement, refer to arbitration.
In the event of a dispute, the buyer will contact GRAVIPACK by e-mail at the following address: contact@gravipack.com

17. Electronic product warranty

17.1 Legal guarantee of compliance
The seller guarantees the compliance of the property sold under the contract, allowing the buyer to make a claim under the legal guarantee of compliance provided for in Articles L. 217-4 et seq. of the Consumer Code. In the event of implementation of the legal guarantee of compliance, it should be recalled that:
– the buyer has a period of 2 years from the delivery of the property to act;
– the buyer may choose between repairing or replacing the goods, subject to the conditions of cost provided for in Article L. 217-17 of the Consumer Code;
– the buyer need not provide proof of the non-compliance of the goods during the 24 months following delivery of the goods in the case of new goods (6 months in the case of second-hand goods).

17.2 Legal guarantee for latent defects
Pursuant to articles 1641 et seq. of the Civil Code, the seller is liable for latent defects that may affect the goods sold. The buyer must prove that the defects existed at the time of the sale of the goods and are such as to render the goods unfit for their intended use. This warranty must be implemented within two years of the discovery of the defect. The buyer may choose between cancelling the sale or reducing the price pursuant to Article 1644 of the Civil Code.

18. For any information:

Any request should be sent by email to: contact@gravipack.com
Or by simple letter to: Gravibag Euripole Business 17 rue de Sancey 89100 Sens France