GENERAL SALES CONDITIONS (CGV)

ARTICLE 1 – PREAMBLE

SARL GRAPHCOVER, registered in the Bordeaux Trade and Companies Register under siret number 84103315200023, having its registered office 1 BIS ZA Georges Brassens 33240 Peujard, FRANCE operates, on the website accessible at the address www.graphcover.com which it publishes (hereinafter the "Site"), an online store allowing individuals and professionals (hereinafter the "Customers ”) to acquire products available on the site. These general conditions of sale express the entire agreement of the Parties on the date on which the Customer places an order for Products on the Site (hereinafter an “Order”) and their delivery. These T&Cs are part of the pre-contractual information referred to in Article L. 221-5 of the Consumer Code. These T&Cs are current as of August 1, 2018.

ARTICLE 2 - OBJECT

The purpose of these T&Cs is to determine the conditions under which the Customer places an Order with the Seller.

ARTICLE 3 - ACCEPTANCE OF THE GTC

The Customer undertakes to carefully read the GCS and accept them, before proceeding to the payment of a product order placed on the site. These T&Cs are referenced at the bottom of each page of the site by means of a link and must be consulted before placing the Order. The customer is invited to carefully read, download, print the T&Cs and keep a copy. The Seller advises the customer to read the T&Cs for each new order, the latest version of the said T&Cs applying to any new product order. By clicking on the first button to place the Order and then on the second to confirm the said Order, the customer acknowledges having read, understood and accepted the T&Cs without limitation or condition.

ARTICLE 4 – OPENING A PERSONAL ACCOUNT

To be able to buy a Product, the Customer must be at least 18 years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.

The customer will be asked to provide information to identify him by completing the form available on the site. The sign (*) indicates the mandatory fields that must be completed for the Customer's Order to be processed by the Seller. The Customer may also contact the Seller's customer service at any time by e-mail, at contact@graphcover.com, in order to obtain information on his order. The information that the Customer provides to the Seller when placing an order must be complete, accurate and up-to-date. The Seller reserves the right to ask the customer to confirm, by any appropriate means, his identity, his eligibility and the information communicated.

ARTICLE 5 - PRODUCTS

Article 5.1 – Characteristics

The Seller endeavors to present as clearly as possible the main characteristics of the products on the information sheets available on the site. The Customer agrees to read this information carefully before placing an order on the site. The Seller reserves the right to modify the selection of products available on the site, in particular according to the constraints linked to its suppliers. Unless otherwise indicated on the site, all products sold by the Seller are new and comply with the European legislation in force and the standards applicable in France.

Article 5.2 – Recommendation

The Customer undertakes to comply with the instructions indicated in the instructions for use and maintenance provided by the Seller.

ARTICLE 6 – ORDER PROCEDURE

To place an Order on the website, the customer must follow the steps described below.

Article 6.1 – Validation of the selection of Products

The Customer selects on the pages of the site the product(s) he wishes to order. The selected products are summarized in his “basket” allowing the Customer to check the contents of his order and its total price, and to correct any errors before validating this selection.

Article 6.2 – Identification or creation of a Personal Account

After having validated his selection of products and if he is not yet connected or registered on the site, the Customer must identify himself or, if necessary, create his personal account.

Article 6.3 – Choice of delivery address

After identifying himself, the customer chooses his delivery address, which he can also designate as his billing address. On this page, the Customer can update the address(es) provided.

Article 6.4 – Choice of delivery method

After choosing the delivery address, the customer chooses a delivery method from those offered on the site. Once the choice of a delivery method has been made, the customer must accept the T&Cs by means of a checkbox and confirm his commitment to pay in order to be able to move on to the next page. The Graphcover Company is responsible for the proper delivery of the package to the address indicated by the customer. In the event of a change of delivery address on the part of the customer, either a delivery to the address of an individual, or a company address or a relay point, the company Graphcover disclaims all liability.

Article 6.5 – Choice of payment method

After having chosen a delivery method, the Customer chooses a payment method from those offered on the site, and proceeds to the payment of the amount corresponding to the total price of his Order.

Article 6.6 – Confirmation of the order

Once the order has been placed, the Seller sends the customer an e-mail acknowledging receipt and confirming his Order, containing the essential elements of the Order.

Article 6.7 – Date of the order

The date of the Order is the date on which the Seller acknowledges receipt of the order online. The deadlines indicated on the site only begin to run from this date. Without prejudice to the exercise by the Customer of his right of withdrawal. The contract of sale of the Products between the Customer and the Seller is formed, definitively and irrevocably, upon validation of his Order by the Customer and the effective payment of the total price of the Order, subject to the cases of modification or cancellation provided for in these T&Cs.

Article 6.8 - Price

For all products, the Customer will find on the site prices displayed in euros, all taxes included, as well as the applicable delivery costs. (depending on the weight of the package, excluding packaging, the delivery address and the carrier or mode of transport chosen). Prices include in particular value added tax (VAT) at the rate in effect on the date of order. Any modification of the applicable rate may impact the price of the products from the date of entry into force of the new rate. The applicable VAT rate is expressed as a percentage of the value of the product sold. The prices indicated on the site may change. The applicable price is that indicated on the site on the date on which the Order is placed by the Customer.

Article 6.9 - Product availability

The Seller undertakes to honor the orders received provided that the products are available. If the unavailability was not indicated at the time of the order, the seller undertakes to inform the customer within a reasonable time if the product is unavailable. The Seller may, at the Customer's request:

– Either offer to ship all the Products at the same time as soon as the out-of-stock Products become available again

– Either proceed with a partial shipment of the available products initially, then with the shipment of the rest of the order when the other products are available, subject to clear information concerning the additional transport costs which may be incurred.

– Either offer an alternative product of equivalent quality and price, accepted by the Customer.

If the Customer decides to cancel his order for unavailable products, he will obtain the reimbursement of all sums paid for the unavailable products, without delay and at the latest within thirty (30) days of payment.

ARTICLE 7 – INVOICING / PAYMENT

Article 7.1 – Invoicing

During the ordering process, the Customer must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the Customer's order to be processed by the Seller). The Customer must in particular clearly indicate all the information relating to the Delivery, in particular the exact Delivery address, as well as any possible access code to the Delivery address. The Customer must then specify the means of payment chosen. Regardless of the order or payment method used, the Customer will receive the original invoice upon Delivery of the Products.

Article 7.2 – Means of payment

The Customer can pay for his products online on the site using the means offered by the Seller:

– by credit card: secure payment Crédit Agricole E-Transaction

– by credit card: Paypal secure payment

The customer guarantees to the seller that he has all the authorizations required to use the chosen means of payment. The Seller will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the site. It is specified in this respect that all payment information provided on the site is transmitted to the bank of the site and is not processed on the site. Crédit Agricole uses the 3D SECURE process for the various payment cards.

Article 7.3 – Date of payment

In the event of a single payment by credit card, the Customer's account will be debited as soon as the Product Order is placed on the site.
In the event of partial delivery, the total amount will be debited from the Customer's account at the earliest when the first package is dispatched. If the Customer decides to cancel his order for unavailable products, the refund will be made in accordance with the last paragraph of article 6.9 of these GCS.

Article 7.4 – Late or refused payment

In the event of refusal to pay the price of the Order by the Customer's bank, the delivery of the Product in Stock or the production of the Personalized product will be suspended until effective receipt by the Seller of full payment of the price, which must take place within maximum of 21 days from the notification by the Seller to the Customer of the payment incident. After this period, the Order will be automatically cancelled.

ARTICLE 8 - DELIVERY OF PRODUCTS

Article 8.1 – Terms of delivery of products and personalized products:

The Products and personalized products ordered are sent to the delivery address indicated by the Customer at the time of the Order, subject to receipt by the Seller of the full price as provided for in Article 6.8.

Article 8.2 – Terms of delivery of Products and personalized products:

The order is sent to the delivery address, by the means indicated by the customer at the time of the order. Products will be shipped within 3 to 5 days from the date of the Order. The shipment of the Personalized Products will be made within 15 days from the date of the Order. This period may be extended if the Customer requests several models during the production of the Product.

Article 8.3 – Delivery made either by CHRONOPOST or COLISSIMO or LETTER FOLLOWED

The delivery is made according to the methods chosen by the Customer according to the geographical limits associated with each delivery service.

Article 8.4 – Delivery in the European Union

Delivery of Products can be made within the European Union. Different delivery charges may apply depending on the country of destination.

Article 8.5 – Delivery outside the European Union

Deliveries outside the European Union may be subject to customs clearance costs which are the responsibility of the customer. The customer may also have to pay taxes and customs duties on products delivered outside the European Union. The Seller cannot be held responsible for any blockage or seizure operated by the customs of the country in which the Product is to be delivered.

Geographical delivery area: France, Germany, Austria, Belgium, Bulgaria, Cyprus, Denmark, Spain, Estonia, United States, Finland, Hungary, Greece, Guadeloupe, French Guiana, Ireland, Italy, Reunion, Latvia, Lithuania, Luxembourg , Malta, Martinique, Mayotte, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden.

Article 8.6 – Transfer of risks

The risks are borne by the Customer from the moment the products leave GRAPHCOVER's premises. In the event of damage during transport, the reasoned protest must be made to the carrier within three days of delivery.

Article 8.7 – Incidents

In the event of non-receipt and return to the seller of the products by the customer (in particular: incomplete or incorrect delivery address, absence of recovery of the package, missing mention on the mailbox, etc.), the reshipment of the products will be conditional on payment. by the Customer of new related delivery costs. The products will only be reshipped upon receipt by the Seller of full payment of the new delivery costs.

Article 8.8 – Packaging

The Products will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the Products during Delivery. Customers undertake to comply with the same standards when returning Products under the conditions set out in Appendix 1 – Withdrawal Policy.

Article 8.9 - Liability

The responsibility of the Seller can in no case be engaged in the event of non-performance or poor performance of the contractual obligations attributable to the Customer, in particular when entering his order. The Seller cannot be held responsible, or considered to have failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by case law. French courts and tribunals. It is also specified that the Seller does not control the websites that are directly or indirectly linked to the Site. Consequently, it excludes all liability for the information published therein. Links to third party websites are provided for informational purposes only and no guarantee is provided as to their content.

ARTICLE 9 – CONSUMER CUSTOMER’S RIGHT OF WITHDRAWAL

Article 9.1 – Deadline

In accordance with Article L. 221-18 of the Consumer Code, each Consumer Customer has a period of fourteen (14) days to exercise their right of withdrawal with regard to a product. This period runs from the receipt of the products by the consumer customer, it being specified that the day of receipt of the products is not counted in this period, and that for Orders comprising several products delivered in several installments, the period runs from from the receipt of the last product forming part of the same Order.

Article 9.2 – Terms

To exercise his right of withdrawal, the Consumer Customer must send the Seller, before the expiry of the period, the withdrawal form sent at the time of delivery or available in Appendix 1 below by e-mail to the address contact@graphcover .com or by post: GRAPHCOVER – 1 BIS ZA Georges Brassens 33240 Peujard

The returned Product must not have been used and must be returned in its original packaging accompanied by the original invoice. The Consumer Client bears the direct costs of returning the products; the return is not covered by GRAPHCOVER.

Article 9.3 – Reimbursement methods

The seller reimburses the customer for all sums paid for the returned product, including delivery costs, at the latest within 14 days of the date on which it is informed of the customer's decision to withdraw. The responsibility of the Customer will be engaged in the event of depreciation of the returned products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these Products. No refund, even partial, can take place in the event of cancellation of the Order beyond the aforementioned period. The order will be shipped to the Customer.

Article 9.4 – Absence of right of withdrawal

By way of derogation from the previous stipulations and in accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised: – With regard to decoration kits and personalized products – With regard to consumable products, fixings and glues, solvents – If the products are removed from their original packaging and fasteners. The product must not have been laid. Personalized Products will not be taken back, exchanged or refunded from the date of the order.

ARTICLE 10 – PERSONAL DATA / COOKIES

Article 10.1 – Personal data

In accordance with Article 32 of Law No. 78-17 of January 6, 1978 amended in 2004 (known as the "Data Protection Act"), customers are informed that personal data concerning them are subject to processing. automated by the seller in order to ensure Order taking. Customers are informed that this data may be subject to statistical analysis by the seller. The information requested in the forms available on the site marked with an (*) are mandatory and necessary for the management of Customer requests, in particular their Orders. Failure to answer a mandatory field will make it impossible for the seller to process Customer requests. In accordance with the provisions of the “Informatique et Libertés” law (articles 38 and following), customers have the right to access, rectify and delete data concerning them and may oppose the processing for legitimate reasons. To exercise these rights, please contact: GRAPHCOVER – 1 BIS ZA Georges Brassens 33240 Peujard. Customers are informed that in the event of exercising their right of deletion or opposition, all or part of the Site may be made inaccessible to them.

Article 10.2 – Cookies (hereinafter the “Cookies”)

Cookies are small computer files which do not identify users of the site but store information relating to the pages consulted, the dates and times of the consultation, the information entered on the Site and kept to avoid subsequent entry, etc. . By continuing to browse the site, the Customer consents to the use of the aforementioned Cookies. However, the customer can deactivate all or part of these Cookies at any time, with the exception of Cookies strictly necessary for navigation.

The Cookies that the seller uses have the following purposes and are used under the conditions detailed below: – Cookies strictly necessary for the navigation of the customer on the site: these Cookies are essential to allow the customer to navigate on the different pages of the site or log in to their personal account. They are only stored on the Customer's terminals for the duration of their visit to the site. The information collected is not identifying data and is deleted as soon as the Customer closes his browser.
These Cookies cannot be disabled.
– Session and performance Cookies: these Cookies aim to improve the functioning of the site. They allow the detection of technical problems that the customer may encounter while browsing. The data collected only concerns the customer's navigation on the Site and is not directly identifying. 
The Customer can configure his browser to refuse the use of these Cookies or to delete them after visiting the Site.
Disabling all Cookies will prevent the Customer from using the Site under normal conditions, with the exception of functions strictly necessary for navigation.
– Audience measurement Cookies (Analytics): these Cookies allow the seller to establish audience and site consultation statistics. The data collected only concerns the Customer's navigation on the site and is not directly identifying.

If the Customer does not want his browsing data to be collected or stored by these Cookies, he can install the module available on the following page: https://tools.google.com/dlpage/gaoptout?hl=fr.

Article 10.3 – Newsletter

The Seller publishes a regular Newsletter to which the Customer can subscribe in order to be informed of new services and offers offered on the site. The Customer may unsubscribe at any time by clicking on the unsubscribe link at the bottom of each of the newsletters.

Article 10.4 – Customer's personalized decoration kit

By ordering on the GRAPHCOVER site, the customer accepts the reuse and sale of his personalized kit.

ARTICLE 11 - INTELLECTUAL PROPERTY

The domain name www.graphcover.com, and all its variations are registered and protected. The logos and any other content present on the site are protected by the Intellectual Property Code and by copyright. Any use (publication, copy, screenshot, reproduction, etc.) of the content of the website, without the prior consent of GRAPHCOVER, is prohibited and constitutes a violation of these terms of use. The extraction and display of data from this website for commercial or non-commercial purposes, on another website, whether or not automated, are subject to authorization by GRAPHCOVER. The latter reserves the right to lodge any complaint necessary to comply with this point. Any hypertext link directing a user to the GRAPHCOVER website without the prior authorization of the latter is prohibited. By accepting these general conditions of sale, the customer expressly authorizes the seller to use the photographs, videos and any other content that he publishes in comments, on the pages of the Products, for the purposes of product promotions on the site. This non-exclusive license is granted by the customer to the seller for the whole world and free of charge, and ends when the customer deletes the photographs, videos and other content concerned and/or when the personal account is deleted by the customer or by the seller in the cases provided for in article 3 of these general conditions of sale

ARTICLE 12 – GENERAL PROVISIONS

The Parties agree that they can proceed, electronically, to the exchange of information necessary for the execution of these GCS and Orders. Any electronic communication between the Parties is presumed to have the same probative force as a writing on paper. The fact for one of the Parties not to take advantage of a breach by the other Party of any of the obligations referred to in the GCS cannot be interpreted as a waiver of the obligation in question.

In the event of the nullity of a substantial stipulation of the GCS or if this stipulation was deemed unwritten, in whole or in part, pursuant to a law or regulation or following a final judicial decision, the other stipulations will remain in force and will retain their full binding force between the Parties.

ARTICLE 13 – DISPUTES

The T&Cs are subject to the provisions of French law. In the event of a dispute between the Seller and a Consumer Customer arising from the validity, interpretation, execution or non-execution, interruption or termination of these GCS, and in the absence of an amicable agreement beforehand, the Customer may, in accordance with articles L. 612-1 and following of the Consumer Code, bring the dispute before a consumer mediator. Failing this or in the event of persistence of the dispute between the Seller and the Customer, jurisdiction is attributed to the competent courts of Bordeaux, notwithstanding multiple defendants or warranty claims.

ARTICLE 14 – COMPLAINTS

The Seller provides the Customer with a telephone service: number: 05 57 32 38 84 (non-surcharged number).
Any written complaint from the Customer must be sent to the following address: GRAPHCOVER 1 BIS ZA Georges Brassens 33240 Peujard