TERMS AND CONDITIONS

PREAMBLE

The personal data treated by our company is stored on a secure electronic file and handled with the utmost discretion by Grammaj. Should you have any question about your right to consult, modify or remove any or all of the information you have provided please email us at contact@grammaj.com enclosing a copy of a valid ID document.

The following terms and conditions set out the conditions relating to any sale submitted on GRAMMAJ’ website www.grammaj.com.
To purchase online predicates prior consultation of these terms and conditions and implies full and irrevocable acceptance by the CUSTOMER

Art.1 – Identification of Grammaj

Simplified joint stock company, whose registered office is at 17 rue des Fossés Saint-Marcel 75005 Paris.
SIRET identification number: 844 762 880
Intra-Community VAT identification number: FR13844762880

For any information or question, customer service is available at the following address:
contact@grammaj.com

Art. 2 – Acceptance of theTerms and Conditions

The purpose of the following Terms and Conditions is to define the parties’ rights and obligations in connection with the online sale of goods offered by GRAMMAJ.
The CUSTOMER acknowledges to have taken full notice of the present Terms and Conditions at the time of the order confirmation. All confirmation of the order implies acceptance of these terhms, without exception.
GRAMMAJ reserves the right to amend or modify at any time the present Terms and Conditions. In such event, shall be implemented to each order the Terms and Conditions in force at the day of the order placement.

Art. 3 – Price

The price of the products is indicated in Euros all taxes included (VAT + other taxes and in particular videograms tax if necessary) excluding handling and shipping costs. All credit cards will be debited in Euros.

If the order is to be sent to a country other than mainland France, the CUSTOMER is considered as the importer of the relevant products. For any products shipped outside the European Union and overseas departments and territories of France, customs duties, other local taxes, import duties or state taxes are likely to be chargeable. These duties are borne by the CUSTOMER and are under his full responsibility in terms of both declaration and payment to the competent authorities of the importing country.

The CUSTOMER is recommended to take local advice on these matters from the authorities of the importing country.
All orders, regardless of origin, are payable in Euros.
GRAMMAJ reserves the right to modify the prices at any time but the goods shall be charges on the basis of the rates in force at the time of the order placement.
The total cost of the order is the final price in Euros, inclusive of all taxes, including handling and shipping fees. It is mentioned on the order confirmation email.
The products remain the property of GRAMMAJ until full payment by the CUSTOMER.

Art. 4 – Order

The CUSTOMER places his order for one or more goods offered online for sale.
The online placement of order procedure consists of:
• Preparing the shopping cart
• Summary of the order and identification
• Selecting the delivery  and billing address
• Selecting the delivery method
• Selecting payment method
• Confirmation of the order
All confirmed orders by the CUSTOMER implies irrevocable acceptance which can only be challenged on the grounds of article 8 of the present Terms and Conditions.
The email confirming the order sent to the CUSTOMER confirms GRAMMAJ’s acceptance of the CUSTOMER’s order, and confirms the formation of the sales contract between the Parties.
GRAMMAJ reserves the right not to processthe order:
• If the information provided by the bank responsible for the order payment indicates an inability to proceed with the chosen payment method.
• If there is a legitimate ground as provided by Article L122-1 of the French Consumer Code.

Art. 5 – Availability

Our offers and prices are valid as long as they appear on the website, within the limits of available stocks.
For products not stored in the warehouses, the offers are valid subject to availability at the suppliers. In such event, information on the availability of the product is given by GRAMMAJ to the CUSTOMER at the time of the order placement. However, errors or modifications may exceptionally occur. In the event of a final unavailability of product after placing the order, GRAMMAJ shall inform the CUSTOMER by email. The order is automatically canceled and GRAMMAJ undertakes to refund the CUSTOMER no later than sixty days from the date of payment.

Art. 6 – Payment

⇒ Terms of payment
Whatever the method of payment chosen among those accepted on our site, orders will be deemed registered only after validation or receipt of payment.
Thus, as long as the payment is not validated by the intermediary chosen by the consumer, the order can not be prepared by GRAMMAJ.
⇒ Cash payment by credit card
Payment can be made by the following credit cards: Carte Bleue, VISA, MasterCard, MAESTRO and American Express.
The Customer is able to consult the General Terms and Conditions and Use of each of these credit cards on the sites of our partners.
The choice of one of these payment cards implies tacit acceptance of the general Terms and Conditions and use of said partners.
It is recommended that our customers refer to it, GRAMMAJ can not be held responsible for the conditions thus posed by these independent partners.

Online payment by credit card is perfectly secure and allows you to enter with confidence the number, expiration date and security code of the card in the slots provided for this purpose. Credit card details are encrypted using the SSL (Secure Socket Layer) protocol and never transit in the clear over the network. Payment is made directly to the bank. GRAMMAJ has no access to these coordinates and can not keep them on its servers. This is the reason why they are re-requested for each new transaction on our site.
The payment is made in Euros.
The credit card is debited at the time of the transaction.
A non-valued delivery note is attached to the package.
If payment is denied, the order is automatically canceled.
It is recommended that the CLIENT prints the transaction proof which shall appear on screen after effective payment of the order.
⇒ Cash payment by Paypal
Paypal payments are accepted on the GRAMMAJ website and are made through the partner in question and according to its own terms and conditions of sale and use of its services.
The choice of this payment implies tacit acceptance of the Partner’s general terms and conditions of sale and use.
It is recommended that our customers refer to it, GRAMMAJ can not be held responsible for the conditions thus posed by these independent partners.
General Conditions of Sale and Use Paypal.
⇒ Fight against fraud
GRAMMAJ reserves the right to check the validity of the payment, before the order is shipped, by any means it deems necessary (including identity card, proof of address etc.).
⇒ Payment incident
GRAMMAJ reserves the right to refuse to make a delivery or to honor an order from the CUSTOMER who has not fully paid or a previous order or with whom a payment dispute is being administered. In case of fraud, GRAMMAJ reserves the right to cancel any member without any notice or compensation.

Art. 7 – Delivery
The products are delivered to the delivery address notified by the CUSTOMER during the order process duly completed in accordance with Article 4 above. GRAMMAJ can not be responsible for failure to deliver if the CUSTOMER has communicated and incorrect address.
In case of deliverables at different dates given their availability, GRAMMAJ reserves the right to split the shipment. In this event, the contribution to processing and shipping costs will only be charged for one shipment.
Delivery times can not exceed 30 working days after the date of payment validation by the Customer (date of registration of the order).
The customer will be informed of the delivery time at the time of confirmation of the order. Delivery is made at the time of signing by the Customer or any third party designated by the latter of the acknowledgment of receipt of the order to the delivery address specified at the time of the order.

Delivery times can not be insured in case of force majeure, as defined by law and case law. Delivery times do not take into account any payment control procedures of the Customer that would delay the shipment of his order (see provisions of Article 6).
The announced deadlines run from the registration of the order. The expected delivery date is indicated on the order. This time is an average time corresponding to the service used. In case of absence, the Customer will be responsible for recovering the product from the departments concerned.
In case of delay of shipment, an email is sent by GRAMMAJ to the CLIENT.
The CLIENT is required to notify the carrier and GRAMMAJ all reservations about the delivered product (damaged package, already open …). In this case the CUSTOMER may possibly benefit from an exchange or refund of the product delivered under the conditions specified in Article 10 below.
The Customer agrees to receive the products ordered at the delivery address on the order confirmation email.
Deadlines are suspended by right for:
(i) failure to pay
(ii) any event constituting a case of force majeure.
A delay does not authorize the CLIENT to cancel the contract or refuse the products.

Art. 8 – Right of withdrawal

⇒ Time limit
In accordance with the provisions of Article L. 121-21 of the French Consumer Code, the Customer has a period of 14 calendar days to assert his right of withdrawal, without having to justify his motives or to pay penalties. The delay runs until the day after the receipt of the order.
In the case of an order relating to several goods delivered separately or in the case of an order for a good consisting of lots or multiple parts whose delivery is spread over a defined period, the period runs from the receipt of the last good or lot or the last piece.

⇒ Conditions relating to the state of the product
The products must be returned in their original packaging, in perfect condition, accompanied by a copy of the delivery note and all possible accessories, instructions for use and documentation, etc., allowing their sale. It is stated here that items returned incomplete, damaged, damaged or soiled will not be taken back.
⇒ Terms of refund
If the CUSTOMER uses his right of withdrawal within the aforementioned period, and in accordance with the provisions of Article L121-21-4 of the French Consumer Code, Grammaj will refund to the Customer the price of the returned product (s) and the costs of dispatch of such product or products within 14 calendar days from the date on which it was informed of the Customer’s decision to retract.
The customer will have 3 days from the date on which he wishes to retract to return the product to the following address:

Returns are to be made to:
GRAMMAJ
17 Rue des Fosses Saint-Marcel
75005 PARIS, France
with the mention: Returned order
Grammaj nevertheless reserves the right to defer refund until recovery of the goods or until the Customer has provided proof of the shipment of these goods, the date chosen being that of the first of these two facts.
The refund will always be based on the amounts actually paid by the Customer, as recorded on his invoice. However, Grammaj reserves the right to refuse to refund the additional delivery costs incurred by a more expensive method of delivery expressly chosen by the Customer whereas Grammaj has proposed a standard delivery method.
The freight charges to be refunded will be determined as if the Customer had never purchased the returned product(s).
Unless otherwise expressly requested by the Client, Grammaj will refund the latter by recrediting the payment method used during the payment of the order.

⇒ Charge of return shipping costs
Return costs are expressly the responsibility of the Customer, who recognizes and accepts it by adhering to these Terms and Conditions.

Art. 9 – Legal Warranty – Conformity of the product

In accordance with legal provisions, products delivered are covered by the warranty of conformity and the legal warranty against hidden defects stemming from a production defect of material, design or manufacturing affecting the product and making it unsuitable for use.
The CUSTOMER is informed that:
All legal warranty is excluded in the event of misuse, negligence or lack of maintenance by the CUSTOMER, such as normal wear of the product, accident, reasons attributable to the CUSTOMER, or in case of force majeure as defined in Article 12 hereunder;
Any warranty shall be limited to the replacement or refund of non compliant product(s) affected by non-conformity or defect;
In order to enforce his rights, the CUSTOMER must, under penalty of forfeiture of any action relating thereto, inform GRAMMAJ in writing about the reasons of the complaint within a short time after the discovery of the defect (in any case the noncompliance cannot be invoked beyond two years time as from the date of delivery of the product) ;
No product shall give rise to an exchange or refund without GRAMMAJ’s consent and before being returned (in its package) by the CUSTOMER to the address listed in article 1 hereof.
The shipping costs are refunded to the CUSTOMER based on the rate charged.

Art. 10 – Storage of Personal Information

The computerised records, stored in GRAMMAJ’s system with reasonable conditions of safety will be considered as an evidence of the sale’s contract, its date, orders and payments made between the parties.
Orders and invoices are recorded on reliable and sustainable media so as to serve a faithful copy, in accordance with Article 1348 of the French Civil Code.
The CUSTOMER can access the archive of his order and his invoice on simple request made to the Customer Service, together with an identity proof.

Art. 11 – Intellectual Property

All elements of GRAMMAJ’s website whether visual or sound, including the brand, the logo, the texts, comments, works, illustrations, images, videos, the domain name and other reproduced on the website are protected by the author’s right. As such and in accordance with the provisions of the Intellectual Property Code, only private use is authorised subject to differing or more restrictive provisions of the Intellectual Property Code.
Any copy or representation, in full or partially of the site or of all or some of the elements found on the site is strictly forbidden.

Some products such as software are subject to rights of personal and specific use regulating the copies, public distributions and rentals.
The CUSTOMER undertakes to respect the terms and conditions of these products. GRAMMAJ cannot held liable for the use which could be done of the product on this occasion.

Art. 12 – Liability

GRAMMAJ will not be held liable for breach of the contract concluded in the event of (i) unavailability of products, (ii) unforseeable circumstances or (iii) force majeure.
GRAMMAJ’s liability will be limited, in case of loss during the delivery, either to replacement of the missing products or to the refund of the cost corresponding to these.
The products offered are in compliance with the French legislation in force. GRAMMAJ shall not be held liable for failure to comply with the legislation of the country where the product are delivered (for example in case of prohibition of a title …). It is the CUSTOMER’s responsibility to check with the local authorities the possibilities of importing or using the products or services he intends to order.
The photos of the products are provided for illustrative purposes. GRAMMAJ suggests the CUSTOMER to refer to the description of each product in order to know the particular characteristics. If in doubt or if the CUSTOMER requires additional information, he can contact the Customer Service. In case of discrepancies between the photo that accompanies the description and the product’s description, the latter is of superior value to determine the content of the offer.
In accordance with the regulations in force, GRAMMAJ is not liable in the event where the non execution of the order is attributable to the CUSTOMER, to an unforeseeable and unavoidable act of a third party or in case of force majeure as defined in Article 13 hereunder.
Equally, GRAMMAJ can not be held liable for any inconvenience or damage inherent to the use of the Internet network, including service interruption, external intrusion or the presence of computer virus.
To the extent permitted by law, GRAMMAJ excludes all other liability to the CUSTOMER.
These Terms and Conditions do not and shall not affect your statutory rights as a CUSTOMER.

Art. 13 – Force Majeure
Neither of the parties can be held liable for any non-fulfilment of the contractually agreed terms due to a case of force majeure.
Without it being limiting, is held to be a case of force majeure, besides those usually considered as such by the French Courts:
• Exceptional adverse weathers and natural disasters, epidemics and pandemics
• Full strikes and staff strikes
• Threats of attacks, sabotage, terrorists threats and acts
• Dramatic political events, national grieft
• Measures taken on ground of public policy or public and security
• Shut-down initiated by the government

Art. 14 – Protection of personal data. Right of access to the file

The information and data about the CUSTOMER are strictly necessary for the management of the order and the business relations between the parties.
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, the User shall have a right of access, rectification, erasure and portability on all of his personal data. The User also has the right to limit the processing of his data as well as the right to object to their processing.
He may exercise his rights by sending an email or a postal mail containing proof of identity (RCS / Directory of trades and identity card) to:
Grammaj
17 rue des Fosses Saint-Marcel
75005 PARIS, France
GRAMMAJ undertakes not to disclose to a third party the information given by the CUSTOMER excepting the companies entrusted with the execution of the services and orders for their management, execution, handling and payment. The information is only used for the handling of the order.

Art. 15 – Cookies
GRAMMAJ uses cookies on the website. The cookie is intended to notify GRAMMAJ of the passage of the user on the webite. Cookies are only used by GRAMMAJ in order to improve the personalized service designed for the CUSTOMER. It is reminded that the CUSTOMER can choose to block or delete the cookies on his computer.

Art. 16 – Entirety of the Terms and Conditions

The parties acknowledge that the present Terms and Conditions constitute the entire agreement concluded between them.
If, for any reason, any provisions of this agreement prove to be unenforceable, it shall be deemed to be unwritten without nevertheless leading the present Terms and Conditions to nullity or altering the validity of its other provisions.

Art. 17 – Settlement of disputes

These Terms and Conditions shall governed by laws of France.
In case of dispute, an amicable settlement shall be sought before any legal action.
In case of failure to find such amicable settlement, all action shall be brought before the French courts.

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