TERMS AND CONDITIONS OF USE AND SALE OF THE GRAFFITY SITE

TERMS AND CONDITIONS OF SALES OF THE GRAFFITY SITE

Section reserved for Professionnels

These general conditions of sale apply for each purchase you make as a natural person (hereinafter "the customer") on this website www.graffity-paris.fr whose owner is GRAFFITY, a company with limited liability at capital of 7,700 euros, registered at the Bobigny trade and companies register under the number 43166316000023, whose head office is located 21 rue des presles - 93300 Aubervilliers - France - Tel: +33 9 53 39 88 89 (hereinafter "GRAFFITY").

1. Fields of application

These general conditions of sale apply to all orders placed on the website www.graffity-paris.fr. Before placing the order on the website, the customer acknowledges having read them and declares to accept them without reservation.

GRAFFITY reserves the right to adapt or modify at any time these terms and conditions of sale. In case of modification, the general conditions of sale in force will be applicable, the day of the order.

2. Availability of products

The information mentioned on the product sheet is given for information only. The products offered comply with the French legislation in force and the standard applicable in France.

The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. GRAFFITY can not be responsible for the errors that would subsist on the website despite our vigilance.

3. Terms of order

The customer wishing to use the services of this website and place orders must be of age, have the legal capacity and hold a credit card.

Orders will be received and will be accepted subject to availability.

If, despite the vigilance of GRAFFITY, the items ordered were no longer available, GRAFFITY will inform the customer by e-mail or telephone as soon as possible by offering a similar product if necessary or refund the price per credit on the customer's bank account.

In accordance with the law of March 13, 2000 on the electronic signature, any order signed by the customer by "double click" is an irrevocable acceptance that can not be questioned except in the cases provided for in these terms and conditions of sale like the "right of withdrawal" and the "out of stock".

The "double click" associated with the authentication and non-repudiation procedure and the protection of the entirety of the messages constitutes an electronic signature. This electronic signature has value between the parties as a handwritten signature.

4. Order Confirmation

The data recorded by GRAFFITY constitutes the proof of all transactions made between GRAFFITY and its customers. The contractual information is presented in French and will be confirmed by email at the latest at the time of delivery.

GRAFFITY recommends to its customers to keep a paper trace or on computer support, the data relating to their order. The customer must verify the completeness and conformity of the information he provides to GRAFFITY. The latter can not be held responsible for any input errors and consequences in terms of delays and/or delivery errors. In this context, all costs incurred for the return will be borne by the customer.

5. Proof of transaction

The computerized registers, preserved in the computer systems of GRAFFITY under reasonable conditions of safety, will be considered as the proofs of the communications, the orders and the payments made between the parts. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.

6. Price

GRAFFITY reserves the right to change prices at any time. The professionnel prices are without VAT and expressed in Euros or dollars, postage not included. 

Any tax, tax, duty or other benefit payable under the French regulations, or those of an importing country or a transit country are the responsibility of the customer who places the order on the customer.

7. Payment method

To settle his order, the customer has, at his choice, all the payment methods referred to in the order form, namely: 

- Cash on site,

- By remote card : Carte bleue, Visa, Mastercard,

- By bank transfert

Availability and shipping times are to be recalculated from the date of receipt of the means of payment.

GRAFFITY reserves the right to suspend any order management and delivery in the event of non-payment.

GRAFFITY specifically reserves the right to refuse to make a delivery and to honor an order from a consumer who has not fully paid or a previous order or with whom a payment dispute is being administered.

GRAFFITY retains full ownership of the products sold until full receipt of all amount due by the customer as part of his order, including fees and taxes.

Failure to comply with the payment deadlines exceptionally granted to the customer will, by right and without prior notice, interest at the rate of three (3) times the legal interest from the due date of payment.

In addition to late payment penalties, the late payment customer automatically becomes liable to GRAFFITY for a lump sum recovery fee of 40 euros. When the collection costs incurred exceed the amount of this lump sum indemnity, GRAFFITY reserves the right to request additional compensation, upon justification.

The transfer of ownership of a good purchased from GRAFFITY by the customer to a third party, will not be supported by GRAFFITY. Only the original buyer of this property can claim access to the clauses of these general conditions of sale.

In the event of total or partial non-payment of the goods, GRAFFITY will register on the Customer's account a "Customer Debtor" incident. This incident will be lifted as soon as the Customer has paid his goods.

In case of total or partial non-payment of the goods, the goods will remain the property of GRAFFITY until full payment of the price by the Customer. In case of non-performance of all or part of the contract by the Customer (payment of the price), all sums paid by the customer for the purchase of his goods will be retained by GRAFFITY as a penalty clause.

8. Delivery :

Forfait DPD term excl taxes (weight including packaging) :

Metropolitan France Delivery :

The parcel preparation time is 1 to 2 days and is not included in the delivery time.

In case of delay in preparation, GRAFFITY agrees to notify the customer as soon as possible and refund the order to the customer if no agreement is agreed between the two parties.

The geographical area of delivery corresponds to the geographical area of coverage of the offer.

For the delivery of products:

* to destinations in France :

For Metropolitan France,

DPD : delivery time is 24/48H,

*vers l’Europe

DPD : delivery time is de 48/72h

Boxes will be sent to the address indicated by the consumer on the order form. Delivery is deemed to be made upon delivery of the product to the carrier. The customer must verify the completeness and conformity of the information he provides to GRAFFITY. The latter can not be held responsible for any input errors on the part of the customer and the consequences in terms of delay or error of delivery. In this context, all costs incurred for the return of the order will be entirely the responsibility of the customer.

GRAFFITY can not be held responsible for delays in delivery due to errors or disruptions attributable to carriers (total or partial strikes including postal services and means of transport and / or communication). The consumer is required to check the condition of the packaging and the goods on delivery and to report the damage due to the carrier on the delivery order, as well as to GRAFFITY, within two working days.

9. Delivery issues

9-1. Because of the carrier

Any anomaly (damage, missing product compared to the delivery order, damaged package, broken products ...) concerning the delivery must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the signature of the customer.

In the case of a shipment made by the Post Office, if the package arrives open or damaged (especially with the presence of the Yellow Scotch "La Poste"), it is essential that the customer has established by the postman or post office which it depends a "finding of spoliation" (finding 170) so that GRAFFITY can open a litigation file, a compensation procedure.

The customer must also confirm this anomaly by sending the carrier within 2 business days following the delivery date a registered letter with acknowledgment of receipt exposing the said claims.

The client must simultaneously send a copy of this letter (with the original "spoliation report" if applicable) by simple letter to:

GRAFFITY

« Service client - Litige »

43 rue des gravilliers

75003 Paris

Any claim received after the deadline will be rejected.

9-2. Due to a delivery error

The customer must formulate with GRAFFITY the same day of delivery or at the latest the first working day after delivery, any complaint of delivery error compared to the indications on the order form. Any complaint made after this time will be rejected without possibility of appeal.

The formulation of this claim with GRAFFITY can be made:

- by email to client@graffity-paris.fr with the order number,

- via our contact form.

Any claim not made in the rules defined above and within the time limits can not be taken into account and release GRAFFITY from any liability vis-à-vis the consumer.

Upon receipt of the complaint, GRAFFITY will assign a return number to the product (s) concerned and will communicate it to the customer. The return of a product can take place only after the attribution of this agreement number according to the approach presented above.

Any product to be exchanged or refunded must be returned within 7 working days of receipt of the GRAFFITY return agreement in its entirety (accessories and instructions included) and in its original packaging in perfect condition, Colissimo with insurance covering the market value of the returned products, to the following address:

GRAFFITY - 43 rue des gravilliers - 75003 Paris. To be accepted, any return must be reported in advance to GRAFFITY.

Failure to comply with the above procedure no claim for non-compliance or defect of products delivered can not be accepted.

10. Right of withdrawal

Under Article L121-16-1 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise his right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for return shipping costs, unless otherwise specified on the days of sale.

This right is exercised by returning the product to GRAFFITY.

GRAFFITY recommends to the customer to carry out the return of its products in colissimo followed, provided with a complementary insurance guaranteeing, if necessary, the compensation of the products up to their real market value in case of spoliation or loss of this commodity.

The returned product must be in its original condition and packaging. It must not have been used, or have suffered as little damage to it and be in a state of perfect cleanliness.

Within a maximum period of 30 days from the receipt of the product in return, the customer will be refunded the amounts paid with the exception of return costs which are borne by the customer.

Exchange

In the case of an exchange, the shipping costs for the return of a new item will remain the responsibility of the customer. GRAFFITY will return the chosen product in exchange by colissimo followed upon receipt of the product to be exchanged

11. After sales service

11-1. Procedure for manufacturing defects

Manufacturing defects must be notified on the day of delivery or at the latest on the first working day following delivery. Any claim made after this period will not be valid.

For orders placed online on our site, the procedure is as follows:

1 - Contact us via our contact form or by writing to client@graffity-paris.fr

Do not forget to indicate the number of your order as well as your full name.

2 - If a manufacturing defect is actually found, send us your article (colissimo suivi) to:

GRAFFITY - 43 rue des Gravilliers - 75003 Paris.

The item will be repaired free of charge or exchanged (exchange if new item, unworn, in its original packaging) and will be returned, at the expense of GRAFFITY.

There will be no repair or exchange for accidental damage, improper use of a product or solvent or abnormal use of the item.

11-2. Procedure for repair requests

Repair requests can be made up to 6 months from the date of purchase on the e-shop. The procedure is as follows:

1 - Contact us via our contact form or by writing to client@graffity-paris.fr

Do not forget to indicate the number of your invoice or order, your full name, and if possible a photo of the problem.

2 - If your request is validated by our team, you can send us your article to:

GRAFFITY - 43 rue des gravilliers - 75003 PARIS

(In the event that we find that the article has only known the wear of time, or that it was accidental damage, inappropriate use of a solvent or abnormal use of the article, no repairs can be made.)

3 - The article will then be repaired free of charge and returned by colissimo followed to its owner, at the expense of GRAFFITY.

11-3. Replacement of metal parts & leather tabs

For any defect concerning the metal parts, accessories or the leather tongues, thank you to contact us directly via our form of contact or to client@graffity-paris.fr

Each case will be treated individually.

12. Intellectual property

GRAFFITY is the owner of the intellectual property rights on the site and the right to distribute the elements appearing in the catalog of the online store and in particular the photographs for which it has obtained the necessary authorizations from the persons concerned.

As such and in accordance with the provisions of the Code of Intellectual Property, the partial or total reproduction, on whatever medium, of the components of the site and the product catalog, their use and their provision to third parties are strictly prohibited. .

13. Liability - Litigation - Applicable Law

Photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, the responsibility of GRAFFITY can not be engaged in case of error in one of these photographs or one of these texts.

The GRAFFITY company can not be held liable for damages of any kind, whether tangible or intangible, which could result from a malfunction or misuse of the products marketed. The same applies to any changes in products resulting from suppliers.

The responsibility of GRAFFITY will, in any case, be limited to the amount of the order and can not be blamed for simple errors or omissions that may have remained despite all the precautions taken in the presentation of the products.

The company GRAFFITY reserves the right to cancel an order due to a computer bug, hacking, typing error or other malicious internal or external to the company. GRAFFITY will be required to notify the customer and cancel the order. If you notice an error, please contact us via our contact form or info@graffity-paris.fr

GRAFFITY can not be held liable to a customer or a third party for any indirect loss, operating loss, profit or turnover that has occurred in any way whatsoever, even if this damage or loss or damage was foreseeable by GRAFFITY, or if its eventuality had been brought to its attention.

Without limiting the foregoing paragraphs, GRAFFITY's liability under these terms and conditions shall not exceed an amount equal to the sums paid or payable in the transaction giving rise to the said liability, regardless of the cause or form of the liability action concerned.

The company GRAFFITY can not be held responsible for the non-performance of the contract concluded in case of out of stock or unavailability of the product, force majeure, disruption or total or partial strike including postal services and means of transport and/or communications , flood, fire, earthquake, lightning.

In case of dispute, the member will first contact GRAFFITY for an amicable solution.

These general conditions of sale in French will be executed and interpreted in accordance with French law. Any dispute that may arise on the occasion of its validity, interpretation or execution will be submitted to the competent courts.

14. Nominative information

GRAFFITY undertakes not to disclose to third parties the information provided by customers on the site. These are confidential. They will be used by its internal services for the processing of your order and only to strengthen and personalize the communication including letters / emails information and in the context of personalization of the site based on the preferences of users.

In accordance with the Data Protection Act of 6 January 1978, you have the right to access, rectify, modify and delete data concerning you.

You can exercise this right by sending us an email to the following address:

infoweb@graffity-paris.fr

15. Disabling the customer account

Non-compliance by the Customer with the obligations subscribed under these General Conditions, any incident of payment of the price of an order, acts contrary to the interests of GRAFFITY, the delivery of false information when creating the account, the irregular use of the sponsorship program, may result in the suspension of access to the service of GRAFFITY, or even the termination of its account depending on the degree of seriousness of the acts in question, without any claim for damages or interest, or compensation of any kind to GRAFFITY. GRAFFITY reserves the right to refuse any order from a Customer with whom there is such a dispute, even if it uses a new account.

16. Modification of the general conditions of sale

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions can not affect the validity of these General Conditions. Such modification or decision does not authorize the Clients to disregard these General Conditions.

Any conditions not expressly dealt with herein shall be governed by the use of the retail trade sector, for companies whose head office is in France.

These Terms and Conditions apply to all purchases made online on the Site, as long as the Website is available online. The Terms and Conditions are accurately dated and may be modified and updated by GRAFFITY at any time. The General Conditions applicable to the products are those in force at the time of the order. All changes to these terms and conditions of sale subsequent to the purchase will not apply to products already purchased.

Updated 2018 November 26th