These Terms of Sale are governed by the laws of France and will be interpreted in accordance with the French courts. You can get on this page, for your reading comfort and understanding, a full translation in English of the Terms of Sale of the current website.
These General Terms and Conditions of Sale are proposed by GREYSCALE (hereinafter "our company"), a limited liability company with a capital of 110,000 Euros, registered in the Angers Trade and Companies Register under number B 509 897 138. The head office is located rue Armand Mayer, Z.I Cormier, 49300 CHOLET, the company offers an original range of luxury accessories for animals, exclusively reserved for professionals.
The below listed words define :
- « Site » or « website » : the website http://www.milkandpepper.com and all its pages.
- « Publisher » : the legal or natural person responsible for editing and publishing content on the site.
- « User » : the person visiting and using the site.
- « Products » : all goods (both physical and intangible) and services that it is possible to buy or to which it is possible to subscribe to on the site.
- « Customer » : the user buying a product or service on the site.
- « Consumer » : as defined in the European Directive on Consumer Rights, « natural persons who are acting outside their trade, business, craft or profession »
Any order from our company implies the customer's acceptance of these general terms and conditions of sale
Article 1 - Terms of Sale application and site purpose
The present Terms of Sale describe the entire agreement between the website and the customer. They may be modified at any time by the publisher or one of its representative. The Terms of Sale applicable to the user are those in effect on the date of the connection to the site.
The following products are sold on the site : "Dogs and Cats garments , collars and cushions".
The site is free to access by any Internet user. The acquisition of a product, creation of an account on the site, and in a broader sense navigation on the site implies acceptance by the user of the whole current Terms of Sale, the user thus acknowledging to have taken full knowledge and accepted the latter. For instance the collection of this acceptance can be materialized as a checkbox next to the sentence: "I have read and accepted the terms and conditions of this site". Ticking this box will be considered to have the same value as a handwritten signature from the user.
The user recognizes the value of evidence from the site automatic recording systems and, unless able to provide evidence to the contrary, will not contest this evidence in the event of a complaint.
The acceptance of these Terms of Sale implies on the part of the user that he or she does have the legal capacity necessary to do so. If the user is a minor or has not the legal capacity to enter into contracts, he or she declares having the consent of a parent or legal guardian.
Article 2 - Member account
Creating an account is a prerequisite to the placing of any order on this site. To this purpose, the member can be asked to provide a few personal information. The member agrees to provide accurate information and to notify any relevant change to the Publisher. The Client is the only person responsible for the veracity, accuracy and relevance of the data provided.
The registered user on the website (member) has the ability to access his or her account by logging in, using the e-mail address specified during registration and a password or using third-party social network login buttons. The user is responsible for protecting the password he or she has chosen, and is encouraged to use complex passwords. In case of forgotten password, the member can choose or generate a new one. This password is the guarantee of confidentiality of information contained in the user account, and the user will refrain from transmitting or communicating it to third parties. Otherwise, the site will not be held liable for unauthorized access to a user account.
Data collection purpose is the creation of a member account; this account allows the customer to check all orders made on the site with the account. The site publisher can not be held responsible if the data contained in the account were to disappear as a result of a technical failure or force majeure event, this information having no probative value, but only an informative one. The account pages are freely printable by the given account holder but cannot be taken as evidence; they only have informative value and aim to effectively help the member to manage his or her orders or contributions.
Members are free to delete their account on the site. In order to do so, the member can send a e-mail to the website stating that he or she wants to delete the account. No data recovery is possible after account deletion.
The publisher reserves the exclusive right to delete the account of any member who may have breached the Terms and Conditions of the site, including but not limited to the following cases :
- the member has knowingly provided false information during his or her registration and the creation of an account
- the member has been inactive on the site for at least a year
Said deletion cannot be considered harmful to the excluded member, who can not claim any compensation for this the account deletion. This deletion does not prevent the publisher to initiate legal actions or a lawsuit against the member, should the facts warrant it.
Article 3 - Commercial documents
The information provided on our website, as well as on our catalogues and documents, is for information purposes only and does not imply any guarantee, as any changes may be made. Only offers, proposals and conditions that have been agreed in writing are binding on our company.
Article 4 - Order placing and purchasing process
The goods and services offered are those listed in the catalog published on the site. These products are offered subject to stock availability. Each product is listed along with a description provided by the publisher based on descriptions provided by the supplier.
The product images and information texts available reflect the product as much as possible but the publisher cannot guarantee that all pictures accurately reflect the true appearance of the products.
The "Basket" will be defined as an immaterial container with all the goods or services selected by the user for a purchase by clicking on them.
As soon as the user deems to have selected and added to the basket all the products he or she wish to buy, the user will have the possibility to access the basket by clicking on a link or button provided for this purpose, and where he or she can confirm the order. The user will then be redirected to a summary page on which the number, characteristics and unit price of the ordered products will be listed for he or she to review.
If the user wishes to confirm the order, he or she must tick the dedicated checkbox to show acceptance of these Terms of Sale and hit the submit button. The user will then be redirected to a page where he or she will fill the order form fields by entering some personal data necessary to the placing of the order.
Once the user has completed and submitted the form, he or she will be redirected to the online payment page where the user can make online payments by credit card or by bank transfers, or will access the required information to send a bank check.
An e-mail will shortly be sent to the user, confirming the order and listing its specifics and price.
Sold products remain the property of the seller until full payment of their price, in accordance to the present title retention clause.
Article 5 - Prices and payment process
The prices listed in the catalog are prices shown in Euros excluding taxes (HT).
GREY SCALE reserves the right to change prices at any time. However, only the price appearing in the catalog on the day of the order shall be applicable to the buyer.
The user can place order on this site and pay by credit card or bank transfer by contacting us. The credit card payments are made through secure transactions provided by an online payment platform provider.
This site has no access to any user payments data. Payment is made directly to the bank or online payment platform provider.
The publisher will archive purchase orders and invoices on a reliable and durable medium, as a true copy. Digital records will be considered by both parties as proof of communications, orders, payments and transactions between them.
Article 6 - Delivery or dissemination
Delivery costs will be shown to the customer before any payment. The site has no geographical limitation for delivery, orders can be shipped anywhere in the world.
In the event of delivery of a Product outside of the European Union and in the French overseas departments and territories, the Customer declares himself the importer of the Product and accepts that in such a case the Seller may not be able to provide accurate information on the total amount of customs duties and formalities or import taxes applicable in the country where the delivery of the Product is requested.
Unless otherwise stated, the publisher promises to send the products within a maximum period of thirty (30) days after receiving the order.
The buyer is responsible for checking the conformity of the goods delivered at the time of delivery. Any anomaly concerning the delivery (damage, missing product as compared to the delivery order, damaged package, broken product ...) must be indicated by the buyer on the delivery form, as handwritten reserves, accompanied by his or her signature. The buyer will open any defective or damaged package in the presence of the carrier and have the latter bring back the damaged merchandise. It the buyer fails to comply with these requirements and if, by doing so, the seller looses any possibility of appeal against the carrier, the buyer alone will bear the consequences of the damage done to the products.
Any claim not made in the rules defined above and within the defined time periods will not be taken into account and will release GREY SCALE from any liability towards the buyer.
In case of delivery error or withdrawal (if applicable), any product to exchange or refund must be returned to GREY SCALE , whole, in perfect condition. The publisher will not be liable for any defects resulting from a mistake or incorrect operation by the buyer.
If the package is returned to the buyer by post, GREY SCALE will contact the buyer upon receiving the package to ask for further action concerning his or her order. If the buyer refused the package by mistake, he may request the package to be sent again by paying in advance the shipping cost for the renewed shipment. This cost must be paid even for orders whose shipping was free when ordering.
It is also specified that our goods always travel at the risk and peril of the customer, to whom it belongs:
- to give discharge to the last carrier only after having ensured that the shipment has reached him within the normal time limits, that it is complete and in perfect condition;
- to exercise at its own expense and within the time limits its recourse against the carrier or freight forwarder in the event of total or partial loss of the goods, deterioration, missing merchandise, delay or any error.
- to subscribe at its own expense to any insurance policy in order to cover the risks of total or partial loss, and the deterioration or destruction of the merchandise.
Any delay in delivery superior to seven (7) business days may result in the cancellation of the sale to the consumer initiative, upon written request from him or her by registered post with proof of receipt. The buyer will then be refunded within a maximum period of fourteen (14) days all the costs involved when ordering. This clause wil not apply if the delay in delivery is due to a strike of the staff employed by the carrier, or due to a force majeure event beyond the control of the publisher.
Article 7 – Claim
It is the customer's responsibility to check the quality, quantity and, in general, the conformity of the goods sold at the time of their collection or delivery.
In the absence of a remark on the delivery note, any complaint about the non-conformity or apparent defects of the item sold must be made by registered letter with acknowledgement of receipt sent to our company within a maximum period of three (3) days, excluding public holidays, following the date of delivery. After this period, no claim for non-conformity or apparent defects can be taken into account.
Any return of merchandise is subject to the prior agreement of our company and compliance with our re-shipment instructions. The costs and risks of the return are always the responsibility of the customer.
In the event of apparent defects or non-conformity noted in the forms and time limits described above, our company's responsibility is limited in any event to the replacement of the products concerned or the refund of their price, at our company's choice, excluding any additional compensation.
Article 8 - Force Majeure
Are contractually assimilated to cases of force majeure and constitute causes of extinction or suspension of our company's obligations, without recourse to the customer, accidents affecting the production and storage of products, total or partial stoppage of supplies, failure of the carrier, fire, flooding, machinery breakdown, total or partial strike, administrative decisions, acts of third parties, war and any external event that could delay, prevent or make economically exorbitant the performance of our company's obligations.
Article 9 - Products warranty
All products purchased on this website are protected by the following legal guarantees (French Code Civil) ;
Guarantee of conformity
According to Articles L.217-4 and following of the French Code de la Consommation, the seller must deliver goods in conformity with the contract and is responsible for defects existing during product delivery. The guarantee of conformity may be exercised if a defect were to exist on product delivery, or if the defect appears within 24 months following the delivery date (6 months if the order was placed before March 18th, 2016 or the item sold is a used one).
However, after this period of 24 months (6 months if the order was placed before March 18th, 2016 or the item sold is a used one), it will be up to the customer to prove that the defect existed at the time of delivery.
Hidden defects guarantee
According to Articles 1641 to 1649 of the French Code Civil, the customer may request the exercise of a hidden defects guarantee if the considered defects do not appear at the time of delivery, predated the purchase (and therefore does not result from normal wear of the product, for example) and be serious enough (the defect must render the product unfit for the use for which it is intended, or hinder this use to such an extent that the buyer would not have bought the product or would not have purchased it at such a price if he or she had known the default).
In case of non-conformity of a product sold on the site, it can be returned to the publisher who will refund or exchange it. If a product exchange is not possible (e.g. obsolete or out of stock product) the buyer will be reimbursed by bank check for the amount of the order minus the carrier costs related the sending of the initial order.
Article 10 - Customer service
The site customer service is available by e-mail at the following address: email@example.com or through mail at this address rue Armand Mayer, 49300 Cholet in case of which the publisher agrees to provide a response within 7 days.
GREY SCALE also makes available to its users and customers a hotline or helpline, to discuss their issues. The hotline can be contacted by phone at the hotline number + 33 9 55 78 53 38.
Article 11 - Liability
The publisher can not be held liable for breach of contract due to a force majeure event, including but not limited to total or partial strike of postal services, carriers, or disasters caused by floods or fires. Regarding purchased products, GREY SCALE shall not be liable for any consequential damages because of present, trading loss, operating loss, loss of profit, damage or expense that might arise.
The choice and purchase of a product are under the sole responsibility of the customer. The total or partial inability to use such product due to incompatibility of equipment cannot lead to any compensation, reimbursement or questioning the responsibility of the publisher, except in the case of a proven hidden defect, non-compliance, damaged good, or genuine exercise of rights of withdrawal (if the customer is not a professional and withdrawal right is applicable to the contract, according to the article L.221-18 and following of the French Code de la consommation).
The user expressly agrees to use the site at his or her own risk and under his or her sole responsibility. The site provides the user with indicative information and flaws, errors, omissions, misstatements and other ambivalences may exist. In any event the publisher will no be liable for :
- any direct or indirect damage, including but not limited to lost profits, revenue shortfall, loss of customers or data that may result from the use of this site or conversely the inability to use it;
- any malfunction, impossibility of access, misuse, improper configuration of the user's computer, or for the use by the user of an unusual browser;
- the advertisements content and other links or external sources the user may access through the site.
The photographs and visual products presented on the site have no contractual value, the responsibility of the publisher of this site can not be engaged if product specifics are different from their displays on the site, or if they are incorrect or incomplete.
Article 12 - Intellectual property rights relating to information published on this site
Unless otherwise stated, the publisher or its licensors own the intellectual property rights of the website and of material on the website.
Copying any content, including but not limited to logos, text content, pictures or videos is strictly prohibited and will be considered counterfeiting.
Any user found guilty of counterfeiting would likely see his or her account deleted without notice or compensation, this deletion not preventing the publisher or its representative to initiate legal actions or a lawsuit against the member, should the facts warrant it.
This site uses elements (images, photographs, content) whose credits go to: Grey Scale.
Trademarks and logos appearing on the site are deposited by the publisher or possibly by one of its partners. As such, any person proceeding to their representations, reproductions, interweavings, distribution and reruns incurs to penalties foreseen in the articles L. 713-2 and following of the French Code of the intellectual property.
Ownership of the merchandise sold by our company is only transferred to the customer after full payment of the price. The customer must ensure the proper conservation of the merchandise until the transfer of ownership to him. In this respect, it is prohibited to transform, modify, incorporate or resell them. He must also oppose by any legal means any claims that third parties may be required to assert, in particular by way of seizure, on the merchandise belonging to our company and immediately notify the company in order to enable it to safeguard its interests. The customer must also insure the merchandise sold by our company against all risks of damage and loss, even by accident or force majeure with a company known to be solvent. In the event of non-payment on the agreed due dates, our company may (after a formal notice by registered letter with acknowledgement of receipt) take back its merchandise without the need to resort to any procedure. The return is at the customer's expense.
Article 13 - Terms of Sale framework
If any of these terms and conditions should be declared null and void by a court, such nullity shall not extend to any other clauses, which continue to be in effect. The present Terms of Sale describe the entire agreement between the user and the website. They supersede all previous or contemporary written or oral agreements. The Terms of Sale are not assignable, transferable or sublicensable by the user himself.
A printed version of the Terms of Sale and any notice given in electronic form may be requested in judicial or administrative proceedings in connection with the terms and conditions. The parties agree that all correspondence relating to these Terms of Sale, shall be in the French language.
Article 14 - Eligible law and contestation
These Terms of Sale are subject to the application of French law.
Excepting public policy provisions, any dispute that may arise regarding the execution of these Terms of Sale may be submitted to the discretion of the publisher with a view to a friendly settlement, before any legal proceedings.
It is expressly stated that the claims for friendly settlements do not suspend nor set aside the deadlines fixed for instigating legal proceedings. Unless otherwise provided by public policy provisions, any legal proceedings or difficulties as well as, more generally, any disputes with clients relating to the interpretation or execution of the present contract shall be subject to the exclusive jurisdiction of the Tribunal de Commerce d'Angers (49).
All rights reserved - 4 September 2018