Terms of Sales

Terms of sales

Between La Girafe Extraordinaire, registered in the Trade and Companies Register of Rennes under number 799318290, SIRET79931829000027. The company can be reached by email by clicking on the contact form accessible via the home page of the site.

Hereinafter the “Seller” or the “Company”.

Firstly,
And the natural or legal person proceeding with the purchase of products or services of the company, hereinafter, the “Buyer”, or “the Customer”
On the other hand,
It was stated and agreed as follows:

The Seller is a publisher of products and services exclusively for consumers, marketed through its websites (https://www.lagirafeextraordinaire.com).
The list and the description of the goods and services proposed by the Company can be consulted on the aforementioned sites.

Article 1 : Objet


These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.

Article 2: General Provisions


These General Conditions of Sale (GTC) apply to all sales of Products, made through the Company’s Internet sites which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable GSC then are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These General Terms and Conditions are available on the Company’s website at the following address: https://www.lagirafeextraordinaire.com/en/terms-of-sales/. The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares that he has read all of these General Terms and Conditions of Sale and, where applicable, the Special Conditions of Sale relating to a product or service, and accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he undertakes. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 2.1 : Prices


The prices of the products sold through the website are indicated in euros all taxes included (VAT + other possible taxes) and excluding specific shipping costs. For all products shipped outside the European Union, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may apply in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company’s websites are the responsibility of the Customer. If applicable, also the delivery costs.

Article 3 : Conclusion of the contract on line


The Customer must follow a series of steps specific to each Product offered by the Seller to fulfill his order. However, the steps described below are systematic:
➢ Information on the essential characteristics of the Product;
➢ Choice of the Product, if any of its options and indication of the essential data of the Customer (identification, address …);
➢ Acceptance of these General Terms of Sale.
➢ Verification of the elements of the order and, if necessary, correction of errors.
➢ Followed instructions for payment, and payment of products.
➢ Delivery of products. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. For delivered products, this delivery will be made to the address indicated by the Customer. For the purpose of order fulfillment, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide its truthful identification.
The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason

Article 4 : Products and services


The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s websites. The customer certifies to have received a detail of the expenses of delivery as well as the methods of payment, delivery and execution of the contract. The Seller agrees to honor the Customer’s order within the limit of the available Products inventory only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Products’ offer and their prices is specified on the Company’s websites, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are only to the natural person signing the order (or the person holding the email address communicated). In accordance with the legal provisions regarding compliance and hidden defects, the Seller refunds or exchanges defective products or those that do not correspond to the order. The refund can be requested in the following way: contact by email the Seller stating the reasons for the defect, attach a photo if possible of the defect in question, return the defective product at the expense of the Seller, replacement or refund if the defect is found by the Seller, without default caused by the return transport.

Article 5 : Retention of title clause


The products remain the property of the Company until full payment.

Article 6 : Terms of delivery


The products are delivered to the delivery address that was indicated during the order and the time indicated. This time does not take into account the time of preparation of the order.
In case of delay of shipment, the Customer can contact the Seller to find a solution.
In case of late delivery, the Customer has the opportunity to resolve the contract in the terms and conditions defined in Article L 138-2 of the Consumer Code.The Seller proceeds to refund the product and expenses “go “Under the conditions of Article L 138-3 of the Consumer Code.
The Seller provides a telephone point of contact (cost of a local call from a landline) indicated in the order confirmation email to track the order.
The Seller reminds that at the moment when the Customer hangs physically the products, the risk of loss or damage of the products is transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations about the delivered product.

Article 7 : Availability and presentation


Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In case of unavailability of an article for a period of more than 7 working days, you will be immediately informed of the foreseeable delivery times and the order of this article can be canceled on simple request. The Customer may then request a credit for the amount of the item or its refund.

Article 8 : Payment


Payment is due immediately upon order, including pre-order products. The Customer can pay by credit card and paypal. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The transmitted information is encrypted according to the rules of the art and can not be read during transport on the network: it uses the SSL (Secure Socket Layer) protocol. Once the payment has been initiated by the Client, the transaction is immediately debited after verifying the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By giving his bank details at the time of the sale, the Customer authorizes the Seller to debit his card the amount relating to the price indicated. The Customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or inability to debit the card, the Sale is immediately resolved by right and the order canceled.

Article 9 : Withdrawal period


In accordance with Article L. 121-20 of the French Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, except , where applicable, return costs. “The period mentioned in the preceding paragraph runs from receipt for goods or acceptance of the offer for services”. The right of withdrawal can be exercised by contacting the Company by email or telephone.
In case of exercising the right of withdrawal within the aforementioned period, only the price of the purchased product (s) and shipping costs will be refunded, the return costs will be borne by the Customer.
Product returns are to be made in their original condition and complete (packaging, accessories, instructions …) so that they can be re-marketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase.
A standard withdrawal letter is to be sent to the following address: La Girafe Extraordinaire 5, L’Aune 35750 Iffendic, France. Refund procedure: Indicate your first name, address, date of purchase, order number, specify the product you want to return, indicate the type of refund (bank transfer, credit card, check) or the receipt of a valid credit on the site.

Article 10 : Warranty


According to the law, the Seller assumes two guarantees: of conformity and relating to the hidden defects of the products. The Seller reimburses the buyer or exchanges the products apparently defective or not corresponding to the order made.
The refund request must be made as follows: contact the Seller by email or phone indicating your first names, address, date of purchase, order number, defective product, type of refund (bank transfer, credit card , check) or the receipt of a valid credit on the site.

Seller recalls that the consumer:
– has a period of 2 years from delivery of the goods to act with the Seller
– that he can choose between the replacement and the repair of the property apparently defective or not corresponding.
– that there is no need to prove the existence of the lack of conformity of the good during the six months following the delivery of the good.
– that, except second-hand goods, this period will be extended to 24 months from March 18, 2016
– that the consumer can also assert the guarantee against latent defects of the thing sold within the meaning of article 1641 of the French civil code and, in this case, he can choose between the resolution of the sale or a reduction of the selling price (provisions of articles 1644 of the French Civil Code).

Article 11 : Complaints


The Buyer may submit any complaint by contacting the company using the following contact details: La Girafe extraordinaire 5, L’Aune 35750 Iffendic, France. Indicate your first names, address, date of purchase, order number, specify the claim.

Article 12 : Intellectual property rights


Trademarks, domain names, products, software, images, videos, texts or more generally any object of intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is carried out through these terms of sales. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 13 : Force majeure


The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.

Article 14 : nullity and amendment of the contract


If one of the stipulations of the present contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.

Article 15 : Protection of personal data


In accordance with the French Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify the personal data about you. By adhering to these general conditions of sale, you agree that we collect and use this data for the realization of this contract. By entering your email address on one of the sites of our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. Simply click on the link at the end of our emails or contact the controller (the Company) by certified letter. We carry out on all our sites a follow-up of the frequentation. For this, we use tools such as Google analytics.

Article 16 : Applicable laws


All the clauses appearing in these general terms of sales, as well as all the operations of purchase and sale which are aimed at, will be subjected to the French laws.

Note


This website is fully compliant with the new European data law, the General Data Protection Regulation (GDPR) enforceable from 25 May 2018.