§ 1 PRELIMINARY PROVISIONS
The online store operating at www.88graines.com is owned by 88 Graines, with its registered office at 9 Rue Saint Fiacre, 75002 Paris, France, registered at the Registry of Trade and Companies in Paris, under the number: 838193183, VAT number: FR61838193183.
These Regulations apply to both Consumers and Entrepreneurs using the Store and define the rules for using the online store and the rules and procedure for concluding distance sales agreements with Customers through the Store.
§ 2 DEFINITIONS
Consumer – a natural person who enters into an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
Seller – 88 Graines, with its registered office at 9 Rue Saint Fiacre, 75002 Paris, registered at the Registry of Trade and Companies in Paris, under the number: 838193183, VAT number: FR61838193183.
Customer – any entity making purchases through the Store.
Entrepreneur – a natural person, legal person, or organizational unit without legal personality, which has legal capacity under separate regulations, carrying out economic activity on its own behalf and using the Store.
Store – an online store operated by the Seller at www.88Graines.com.
Distance sales agreement – an agreement concluded with the Customer within an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, using one or more means of distance communication until the conclusion of the contract.
Store Regulations – define the rules and conditions of using the Webshop as well as the rights and responsibilities of the Seller and the Buyer.
Order – the Customer’s declaration of will submitted using the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller.
Account – the customer’s account in the Store, where the data provided by the Customer and information about the Orders placed by them in the Store are stored.
Registration form – a form available in the Store enabling the creation of an Account.
Order form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Cart – a software component of the Store where the Products selected for purchase by the Customer are visible, and where it is possible to determine and modify the Order details, in particular the quantity of products.
Product – a movable item/service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
Sales Agreement – a sales agreement for a Product concluded or to be concluded between the Customer and the Seller through the online Store. The Sales Agreement also includes, with regard to the characteristics of the Product, an agreement for the provision of services and a contract for a specific task.
§ 3 CONTACT WITH THE STORE
Seller’s address: 88 Graines, with its registered office at 9 Rue Saint Fiacre, 75002 Paris, France.
Seller’s email address: firstname.lastname@example.org
The Customer can communicate with the Seller using the addresses provided in this paragraph.
§ 4 TECHNICAL REQUIREMENTS
To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:
a. An end device with access to the Internet and an internet browser such as Microsoft Internet Explorer 8.0, Firefox 20, Google Chrome 27, Safari 5.0, Opera 11,
b. An active email account,
c. Enabled cookie support,
d. A keyboard or other pointing device enabling the correct completion of electronic forms.
§ 5 GENERAL INFORMATION
To browse the Store’s assortment, it is not necessary to create an account. The customer can place orders for Products available in the Store either by creating an account according to the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling order fulfillment without creating an account.
The prices quoted in the Store are in EUR and are gross prices (including VAT).The final amount payable by the customer consists of the price of the Product and the cost of delivery (including fees for transportation, delivery, and postal services), which the customer is informed about on the Store’s website during the ordering process, including at the time of expressing the intention to be bound by the Sales Agreement.
If the nature of the subject matter of the Agreement does not allow, reasonably evaluating, for the earlier calculation of the final price, information about how the price will be calculated, as well as about fees for transportation, delivery, postal services, and other costs, will be provided in the Store in the Product description.
§ 6 CREATING AN ACCOUNT IN THE STORE
To create an account in the Store, the Registration Form must be completed. The following data is required:
a. Product delivery details: Name, Street, House Number, Apartment Number, Postal Code, City, Country
b. Contact details: First Name, Last Name, Email, Phone number
Creating an account in the Store is free of charge.
Logging into the Account is done by providing the login and password established in the Registration Form.
The customer has the option to delete the Account at any time, without giving a reason and without incurring any fees, by sending a relevant request to the Seller, in particular via email or in writing to the addresses provided in § 3.
§ 7 ORDER PLACEMENT RULES
To place an order:
§ 8 AVAILABLE DELIVERY AND PAYMENT METHODS
The customer can choose from the following delivery or pickup methods for the ordered Product:
a. Courier delivery,
b. Parcel lockers, available in Poland
The payment method is online payment: credit card, paypal.
Detailed information regarding the costs and delivery methods, as well as acceptable payment methods, can be found on the Store’s website.
§ 9 EXECUTION OF SALES AGREEMENT
The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer submits an Order using the Order Form on the online Store, in accordance with § 7 of the Terms and Conditions.
Upon submitting the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for processing. The confirmation of receipt and acceptance of the Order for processing by the Seller is sent to the Customer via email to the email address provided by the Customer during the Order placement. The email contains at least the Seller’s statements regarding the receipt and acceptance of the Order for processing, as well as confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is concluded upon the Customer’s receipt of the aforementioned email.
The delivery period for the Product to the Customer starts from the day the Seller’s bank account is credited.
Product delivery is available only within Europe and the UK.
Product delivery to the Customer is subject to a fee unless otherwise specified in the Sales Agreement. The delivery costs for the Product (including transportation fees, delivery, and postal services) are indicated to the Customer on the online Store’s website under the “Delivery, Payment” tab and during the Order placement, including at the moment when the Customer expresses their intention to be bound by the Sales Agreement.
§ 10 COMPLAINTS AND WARRANTY
In the event of a defect in the purchased product from the Seller, the Customer has the right to file a complaint based on the provisions concerning warranty in the Civil Code. If the Customer is a Business entity, the parties exclude liability under the warranty.
If the Product is covered by a manufacturer’s warranty, information about it will be provided in the Product description in the Store.
The rules for filing complaints are determined by the manufacturer’s warranty and apply to products covered by the manufacturer’s warranty.
Complaints should be submitted in writing or electronically to the addresses provided by the Seller in this Regulation.
It is recommended to include in the complaint a concise description of the defect, circumstances (including the date) of its occurrence, the Customer’s data submitting the complaint, and the Customer’s request regarding the defect of the product.
The Seller will respond to the complaint request promptly, no later than within 14 days.
Products returned as part of the complaint procedure should be sent to the address: 05-300 Stojadła, ul. Warszawska 75A, Poland at Customer cost.
§ 11 RIGHT OF WITHDRAWAL FROM THE AGREEMENT
The Consumer may withdraw from the Sales Agreement within 7 days without giving any reason.
The running of the period specified in point 1 starts from the delivery of the Product to the Consumer or a person indicated by them other than the carrier.
In the case of an agreement that covers multiple Products that are delivered separately, in batches or in parts, the period specified in point 1 starts from the delivery of the last item, batch, or part.
The Consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the statement before the expiration of this period.
The statement can be sent by traditional mail or electronically by sending the statement to the Seller’s email address – the contact details of the Seller have been specified in § 3.
Consequences of withdrawal from the agreement:
a. In the event of withdrawal from a distance agreement, the Agreement is considered not concluded.
b. In the event of withdrawal from the Agreement, the Seller shall reimburse the Consumer all payments made by them immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, with the exception of the costs of delivering the goods by the Seller.
c. The Seller will make the reimbursement using the same means of payment as those used by the Consumer in the initial transaction unless the Consumer has expressly agreed to a different solution that does not involve any costs for them.
d. The Seller may withhold the reimbursement until the Product is returned or until the Consumer provides proof of its return, whichever occurs first.
e. The Consumer should return the Product to the address of the Seller provided in this Regulation immediately, no later than 7 days from the day they informed the Seller about the withdrawal from the Agreement. The deadline will be deemed met if the Consumer sends the Product back before the expiration of the 7-day period.
f. The Consumer bears the direct cost of returning the Product, including the cost of returning the Product if, due to its nature, it could not be returned by regular mail.
g. The Consumer is liable only for any diminished value of the Product resulting from using it in a different way than was necessary to determine the nature, characteristics, and functioning of the Product.
In the event that, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the costs of returning the Product, can be obtained by email from the Store.
The right to withdraw from a distance contract does not apply to the Consumer in relation to the Agreement:
a. for the supply of goods made to the Consumer’s specifications or clearly personalized;
b. for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, and were unsealed after delivery;
c. for the supply of goods that are liable to deteriorate or expire rapidly;
d. for the provision of services if the Seller has fully performed the service with the explicit consent of the Consumer, who has been informed before the provision begins that they will lose the right to withdraw from the Agreement.
§ 12 PERSONAL DATA IN THE ONLINE STORE
The Seller is the data controller of Customers’ personal data collected through the Online Store.
§ 13 FINAL PROVISIONS
Contracts concluded through the online store are concluded in the English language.
The Seller reserves the right to make changes to the Terms and Conditions for valid reasons, such as changes in legal regulations, payment methods, and delivery methods, to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer about any changes at least 7 days in advance.
Matters not regulated in these Terms and Conditions are subject to the generally applicable provisions of French law, in particular the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act, and the Personal Data Protection Act.
The Customer has the right to use out-of-court complaint resolution and claims settlement methods. For this purpose, they may file a complaint through the European Union’s online dispute resolution platform (ODR), available at: http://ec.europa.eu/consumers/odr/.