Article 1 – GENERAL PROVISIONS – SCOPE
1.1 These General Terms and Conditions of Sale ("the T&Cs") determine the rights and obligations of the parties in connection with the online sale of Products offered by NEALION ("the Company").
1.2 Any Order placed on the THE GRAND WAREHOUSE website implies the prior and unrestricted acceptance of these General Terms and Conditions of Sale, which are subject to French law. These T&Cs therefore form an integral part of the Contract between the Client and the Company. They are fully opposable to the Customer who declares to have read them and to have accepted them, without restriction or reservation, before placing the Order.
1.3 These T&Cs apply to any Order placed by an adult natural person acting as a consumer. The Customer therefore certifies that he is a natural person over the age of 18, acting for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity. He acknowledges having the full capacity to commit when he places an Order and undertakes to provide truthful information as to his identity.
1.4 EXCLUSION: Persons acting in a professional capacity are expressly excluded from the scope of these GCS, i.e. natural or legal persons, public or private, who act for purposes falling within the framework of their commercial, industrial, artisanal activity; liberal or agricultural, including if they act in the name or on behalf of another professional.
Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The GCS applicable to each Order are those in force on the date of payment (or of the first payment in the event of multiple payments) of the order. The Company reserves the right to modify them at any time, by publication of a new version on its website. These T&Cs can be consulted on the website at all times.
Article 2 – CONCLUSION OF THE ONLINE CONTRACT
2.1. Order Process
To buy one or more Products on the site, the Customer selects each Product and adds it to his basket. Once his selection is complete, he must confirm his basket to proceed to the Order (1st click)
At this point, the Customer is redirected to a page containing:
A summary of the selected Products, the corresponding prices, terms and delivery costs. It is then up to him to check and possibly correct the contents of his basket.
These T&Cs. It is up to him to read them carefully before validating the entire Order.
This validation of the Order after checking the basket and reading the T&Cs (2nd click) constitutes conclusion of the Contract and the Customer acknowledges that the 2nd click entails a payment obligation on his part.
The Customer is then redirected to the payment page. He can choose between the different payment methods offered and proceeds to the payment of his Order.
After having validated his Order and made his payment, the Customer receives, on the email address he communicated to place an order, a confirmation message from the Company. This message contains:
The summary of his order (Selected products, prices, terms and delivery costs);
The Order number;
Several ways to contact our team.
In the event of non-receipt of the Order confirmation, it is recommended that the Customer contact the Company via the contact form on the site.
The Customer then receives a purchase invoice sent in electronic form, which the Customer expressly accepts
The Customer is strongly advised to keep this confirmation message and the purchase invoice which is also sent to him in electronic format since these documents can be produced as proof of the Contract.
2.2 Case of refusal of validation of the Order by the Company
The Company reserves the right to refuse your Order for any legitimate reason, including for example:
Order does not comply with the GCS;
Quantities ordered not corresponding to normal use by a consumer Customer;
Non-payment of a previous Order or ongoing dispute concerning a previous Order;
Suspicion of fraud on the Order or on the means of payment (supported by a body of consistent evidence).
Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS
3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where applicable, information on the use of the product.
Although the Company takes reasonable care to ensure that the Specifications are accurate, the Specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Accordingly, the Company declines all responsibility for any errors that may be contained in the Specifications.
The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos or photos of the Products offered for sale have no contractual value. The period of validity of the oﬀre of the Products as well as their prices is specified on the Company's websites.
3.2 Product Availability
Product offers are valid within the limits of available stocks from our suppliers. This availability of the Products is normally indicated on the specific Product page.
However, insofar as the Company does not reserve stock (except in specific cases of Products indicated in pre-order on the Product sheet), placing a Product in the basket does not make it possible to absolutely guarantee the availability of the Product as well as its price.
In the event that a Product becomes unavailable after the validation of the Customer's Order, the Company will inform him immediately by email. The Order will be automatically canceled and the Company will refund the price of the Product initially ordered, as well as any amount paid under the Order.
However, if the Order contains Products other than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.
Article 4 – PRICES OF PRODUCTS
4.1 Reference prices indicated on the sites
The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Otherwise, it is a price determined according to the prices at which the Product is commonly sold in a panel of brands distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the panel of brands is modified.
4.2 Modification of the prices indicated on the sites
The prices of the Products are indicated on the Product description pages. They are indicated exclusive of tax, customs duties and shipping costs.The Company reserves the right to modify the prices of the Products at any time, in compliance with the applicable legislation
The Products ordered will be invoiced on the basis of the price in effect on the site at the time of validation of the Order.
4.3 Product prices
Insofar as many Products are imported from abroad (outside the European Union) at the request of Customers, the prices of Products sold through the websites are indicated in Euros excluding taxes (excluding VAT and customs duties ) Unless Otherwise Posted. They are precisely determined on the Product description pages. They are also indicated in Euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the Product Order page, and excluding specific shipping costs.
The prices of the Products do not include import VAT, import taxes or customs duties, which must be paid in addition and will be entirely the responsibility of the Customer, who is liable for these taxes in as the recipient of the Product.
The prices of the Product(s) do not include the costs of packaging, packaging, shipping, transport, insurance and delivery of the Product(s) to the delivery address.
4.4 Payment of fees
The Customer is solely responsible for the process of declaration and payment of import VAT during customs clearance of the Product. He may be asked to pay import VAT. Insofar as this tax is not the responsibility of the Company, it cannot be required to reimburse this tax.
For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these rights and sums.
They will be the responsibility of the Customer and are his responsibility (declarations, payment to the competent authorities, etc.). The Company therefore invites the Client to inquire about these aspects with the corresponding local authorities.
Article 5 – PAYMENT OF THE PRICE OF THE PRODUCTS
5.1 Time of payment
Payment of the full price of the Order must be made immediately after validation of the Order.
The Company may, exceptionally, grant payment in instalments, in particular with regard to the amount to be paid and the knowledge it has of the Client concerned. However, the Company has no obligation to grant such terms of payment. In the event of a particular situation, the Customer may make the request by contacting the Company's Customer Service.
5.2 Methods of payment
To pay for his Order, the Customer can choose between different payment methods:
Payment by credit card:
Only bank cards linked to a banking establishment located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Client guarantees the Company that he has the necessary authorizations to pay with the bank card used. He expressly acknowledges that the commitment to pay given by card is irrevocable and that the communication of his bank card number constitutes authorization to debit his account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.
Payments by credit card are made via a secure payment platform and the information on the credit cards communicated benefits from the SSL encryption process.
Payment via PayPal
Payment by Paypal is accepted up to a limit of €1,000.
It is emphasized that in the event of recourse to this method of payment, the General Terms and Conditions of Use of Paypal, which are available on their site, are added to these T&Cs.
Payment by vouchers and/or promo codes
Vouchers and/or promotional codes issued by the Company can be used to pay for all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of an attempt to fraudulently use the vouchers and/or promotional codes, the Company may proceed with the outright cancellation of the Order.
In general, in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel the said Order .
The Company reserves the right to suspend one of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer. regarding a previous Order.
The Company reserves the right to set up an Order verification procedure intended to ensure that no one uses the bank details of another person without their knowledge. As part of this verification, the Customer may be asked to send the Company by email or by post a copy of an identity document, proof of address and a copy of the bank card used for payment. . Precise indications on the exact content of the information requested (to preserve the confidentiality of his data) will be communicated to the Customer in the event of verification. The order will only be validated after receipt and verification of the documents sent.
Article 6 - DELIVERY – CUSTOMS CLEARANCE – RECEPTION
Before validating the Order, the Company communicates to the Customer information concerning the various delivery methods as well as their respective prices. Following the choice of the delivery method by the Customer, the Company communicates to him an estimate of the delivery time.
The Company will make every effort to ensure that the Product(s) are delivered no later than the date scheduled for delivery. In the event of difficulty, the Company undertakes to communicate quickly with the Customer to inform him and to seek with him an adequate solution.
Air transport, shipping and/or delivery of the Product(s) will be fully borne by the Customer ("Delivery costs"). These delivery costs are included in the final price invoiced to the Customer when placing the Order. On the other hand, any customs fees are not included in the price invoiced to the Customer by the Company.
Depending on the terms chosen by the Customer, delivery will be made either to the address mentioned by the Customer, or, where applicable, to a pick-up point chosen by the Customer from the list of available points. It is therefore the responsibility of the Customer to carefully check the indications communicated for the delivery because he remains solely responsible in the event of non-delivery due to incomplete or erroneous information.
6.2 Customs clearance
When purchasing, the Customer purchases the product duty-free and becomes the importer of the purchased product in its capacity as recipient of the Product.
He is therefore in particular responsible for the import process and customs clearance of the product with the local customs offices.Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value greater than €150)
The Customer is solely responsible for the process of declaring customs duties when clearing the Product. These customs duties, which are not invoiced to the Customer by the Company, do not come under the responsibility of the Company. The latter cannot therefore be held liable for reimbursement of these rights.
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged.
In the event of finding an anomaly, the Customer must contact the Customer Service of the Company within three days (excluding public holidays) following the date of receipt of the Product. Any complaint filed after the deadline cannot be processed.
Article 7 – WITHDRAWAL
7.1 Principle and deadline
The Customer has the right to withdraw, without giving any reason, within thirty (30) calendar days after the purchase or fourteen (14) calendar days from the date of receipt of his Order if the first deadline has passed. In the event of an Order for several Products, the period of fourteen (14) days runs from the receipt of the last Product.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be reimbursed, as well as the return costs from mainland France, and in other cases those -this remaining the responsibility of the Customer.
In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:
The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
The supply of goods made to the consumer's specifications or clearly personalized;
Supply of goods liable to deteriorate or expire rapidly;
The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
The supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
Concluded during a public auction;
7.3 Procedures for exercising the right of withdrawal
To exercise his right of withdrawal, the Customer must inform the Company of his intention to withdraw either by completing the standard form, a model of which appears below, or by sending an unambiguous declaration and expressing his intention to withdraw within the time limits mentioned above.
Model-type withdrawal form:
For the attention of The Grand Warehouse managed by NEALION Company, 4 rue de la République, 69001 LYON.
I, the undersigned ______, hereby notify you of my withdrawal from the contract relating to the sale of the Product below:
Date of order and receipt:
Retraction request tracking number:
This form should be sent to the Company at: info@thegrandwarehousecom
The Customer has a period of 14 days from the sending of the notification of his withdrawal to return the Product to the Company in its original packaging, the return costs being borne by the Company for a return from mainland France and in other cases being the sole responsibility of the Customer.
Note that a refund will not be granted if the customer wishes to benefit from a more attractive reduction. It is up to the customer to pay close attention to current offers on the merchant site.
The Products must be returned in their original condition and complete (blister packaging, accessories, instructions, etc.) to allow the Company to put them back on sale. In the event of receipt of opened, used, incomplete, damaged or soiled Products, the Company will not make any refund and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product.
In the event of a return of the Product under the conditions provided for by law and these GCS, the Company will refund all the sums paid by the Customer, delivery costs included, within 14 days of the notification of withdrawal, unless the Product is returned afterwards. In this case, the Company will only refund after receipt and verification of the condition of the returned Product.
This refund will be made using the same means of payment as that used by the Customer to pay for the Order, unless the Customer has expressly agreed to another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.
Article 8 – GUARANTEES
8.1 Legal warranties
The Company remains liable for lack of conformity of the goods in accordance with the provisions of articles L.217-4 and following of the Consumer Code as well as for hidden defects of the thing sold in accordance with articles 1641 and following of the Civil Code.
When acting within the framework of the legal guarantee of conformity (as provided for by articles L.217-4 and following of the Consumer Code), the Consumer Client:
Benefits from a period of 2 years from the date of issue to act
Can choose between repairing or replacing the Product, subject to the cost conditions provided for in article L.217-9 of the Consumer Code
Is exempted from providing proof of the existence of the lack of conformity during the 24 months following delivery of the goods if the Product is new, and during the 6 months following delivery if the Product is sold used.
The Customer may also decide to act within the framework of the legal guarantee against latent defects within the meaning of article 1641 of the Civil Code, the Customer may choose between the resolution of the sale or a reduction of the price, in accordance in article 1644 of the Civil Code.
These legal guarantees apply independently of any contractual guarantee.
Reproduction of applicable texts
L.217-4 Consumer Code
"The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or carried out under its responsibility. »
L.217-5 Consumer Code
"The good complies with the contract:
1° If it is specific to the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
L.217-9 Consumer Code
“In the event of a lack of conformity, the buyer chooses between repairing and replacing the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. »
L.217-12 Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
1641 of the Civil Code
"The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lesser price, if he had known them. »
1648 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. […]”
8.2 Manufacturer's Warranty
Certain Products for sale on the Site benefit from a contractual guarantee granted by the supplier or manufacturer of the Product, to which the Company is not a direct party.
The existence of this type of guarantee is mentioned, where applicable, on the specific Product page.
If the Customer wishes to invoke this warranty, he should notify the Company by contacting Customer Service and consult the terms and conditions for the application of the warranty, which are generally inserted in the Product box.
It is recalled that the benefit of the Manufacturer's Warranty does not preclude the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee against hidden defects.
Article 9 - PROTECTION OF PERSONAL DATA
As part of the commercial relationship, the Company, data controller, collects a certain number of mandatory personal data (including, in particular, surname, first name, delivery address, etc. which are mentioned by an asterisk) which are absolutely necessary the processing of the Order, the management of the commercial relationship, the production of statistics and compliance with the legal and regulatory obligations of the Company. They are kept for 5 years from the end of the Contract.
Failure for the Customer not to communicate this information would make it impossible to process his Order
This data is intended for internal use by the Company but may be transmitted to companies which contribute to the performance of the service, including in particular those which ensure the delivery of the Products or ensure the processing of payments.
Concerning this personal data, the Customer has several rights:
Right of access to personal data concerning him;
Right of rectification and deletion if personal data is inaccurate, incomplete, ambiguous, outdated or if the collection, use, communication and retention of certain data is prohibited;
Right to limit data processing, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
Right to object to data processing (particularly in the case of processing for commercial prospecting)
Right to formulate post-mortem directives concerning the storage, erasure and communication of your personal data
Right to withdraw consent to certain processing (processing carried out before consent is withdrawn remains lawful)
To exercise his rights, the Customer may send a request to the Company by sending an e-mail to email@example.com
The request must mention the Customer's e-mail address, surnames, first names, postal address and must be accompanied by a copy of their identity document on both sides.
An answer will be sent to him within one month of receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a Product page, sales of Products on the site do not entail any transfer of intellectual property on the Products sold.
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No assignment of intellectual property rights is made through these T&Cs.
Article 11 - FORCE MAJEURE
The Company cannot be held liable for non-performance of its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The Company will notify the client of the occurrence of such an event as soon as possible.
Article 12 – EXCLUSION OF LIABILITY
Notwithstanding any provision to the contrary stated herein, the Company shall in no event be held liable for any loss or damage due to improper use of the Product(s) by the Customer, including in particular a modification or modification. alteration of the Product(s) not authorized by the Company.
Article 13 - SUSPENSION - TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the GCS, or in general to the applicable legal provisions, without prejudice to any damages that the Company may request.
Any person whose account has been suspended or closed may not subsequently order or create a new account on the Site, without the prior authorization of the Company.
Article 14 – ARCHIVING – PROOF
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions
During each Order, the Order summary is sent by email to the Customer and archived on the Company's website.
The archiving of communications between the Company and the Client is carried out on computerized registers which are kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Customer and the Company. They may be produced as proof of the Contract.
The archiving of communications, of the order, of the details of the order, as well as of the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
The Customer will have access to the archived elements on simple request at the address firstname.lastname@example.org .
Article 15 - NULLITY AND MODIFICATION OF THE GTC
If any of the stipulations of these GCS is void, it will be deemed unwritten, but will not result in the nullity of all the contractual provisions.
Any tolerance on the part of the Company, in the application of all or part of the commitments made within the framework of these GCS, whatever the frequency and duration may have been, cannot constitute modification of the GCS, nor generate any right for the Client.
Article 16 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These T&Cs are subject to French law.
Any Order placed on the website implies the prior and unrestricted acceptance of these General Conditions of Sale, which are subject to French law. These T&Cs therefore form an integral part of the Contract between the Client and the Company. They are fully opposable to the Customer who declares to have read them and to have accepted them, without restriction or reservation, before placing the Order.
In the event of any difficulty, Customer Service is at your disposal to find an amicable solution.
In the absence of a solution found directly with Customer Service, the European Commission has set up a dispute resolution platform intended to collect any complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/..