Terms of sale

Preamble

Guy Degrenne (it being specified that this name refers without distinction to the companies "Distribution Guy Degrenne" ("DGD") and "Boutiques GD") has set up on the website www.degrenne.fr an online distance-selling shop (hereinafter the "Online Shop"), accessible via the Internet and open to any user of that network (hereinafter the "User" or "Internet User").

The Online Shop offers its products (hereinafter the "Products") for sale to Users who are end consumers and non-professionals. Purchasing Products for resale is not permitted. Guy Degrenne therefore reserves the right to refuse any order for Products that appears to be intended for resale.

For the purposes of these terms, the User and Guy Degrenne are collectively referred to as the "Parties" and individually as a "Party", and a User who has validated an order is then referred to as the "Buyer". The rights and obligations of the User necessarily apply to the Buyer.

The User declares that they are of legal age and have full legal capacity. If this is not the case, browsing the Online Shop and making purchases are the responsibility of their legal representative, who is bound to comply with these provisions.

Any order for a Product offered on the Online Shop implies that these General Terms and Conditions of Sale have been read and expressly accepted. This acceptance does not require a handwritten signature by the User. We invite you to read the General Terms and Conditions of Sale carefully each time you place a new order.

Guy Degrenne reserves the right to amend its General Terms and Conditions of Sale at any time. In that case, the applicable General Terms and Conditions of Sale will be those in force on the date the Buyer places the order.

Article 1. Purpose

These General Terms and Conditions of Sale set out the terms of online sale between Guy Degrenne and the Buyer of Products on the Online Shop.

The General Terms and Conditions of Sale apply to the exclusion of any other document.

Article 2. Order validation and electronic signature

Any order validated by the User constitutes acceptance of Guy Degrenne's offer, which may only be called into question in the cases strictly provided for in the General Terms and Conditions of Sale, such as when the right of withdrawal is exercised or in the event of a stock shortage.

Final validation of the order, combined with the authentication and payment procedure, constitutes an electronic signature. Between the Parties, this electronic signature has the same value as a handwritten signature.

The User may cancel all or part of their order before their payment, whether deferred or not, is effectively validated.

By placing an order, the User fully and unreservedly accepts these General Terms and Conditions of Sale.

Article 3. Products – Prices

3.1. Products

The Products offered for sale are those shown on the Online Shop at the time the User browses it, while stocks last. Guy Degrenne presents the Products on the Online Shop in accordance with Article L. 111-1 of the French Consumer Code, which enables the User to know the essential characteristics of the Products they wish to purchase before placing a final order.

The Products offered comply with French legislation in force and with the standards applicable in France. The photographs illustrating the Products are not contractually binding. Consequently, Guy Degrenne cannot be held liable for any error or omission in any of the Product photographs.

3.2. Prices

Products will be invoiced at the prices in force at the time the order is recorded.

Prices are shown in euros, all taxes included (TTC), excluding delivery charges; it being specified that the value added tax (VAT) is that in force in metropolitan France on the day the order is validated.

Prices include all taxes applicable in the country of delivery on the day of the order, and any change in the statutory rate of these taxes will automatically be reflected in the price of the Products shown on the site, on the date stipulated by the implementing decree.

The prices applied are those valid on the Site and confirmed to the User when the order is validated.

Full payment must be made at the time of order, unless a specific offer is indicated on the Online Shop. Sums paid may at no time be considered as a deposit or down payment. Prices shown on the Online Shop are guaranteed until the expiry date indicated in the offer, where applicable.

The risks of loss of and damage to the Products will pass after delivery and receipt of the Products by the User or a third party designated by them.

Guy Degrenne reserves the right to change its prices at any time but undertakes to apply the prices shown on the Online Shop at the time the User places the order.

In the event that a price is displayed incorrectly and is manifestly derisory, for whatever reason (computer bug, manual error, technical error), the order — even if validated by the Online Shop — will be cancelled, and the User will be informed as soon as possible. The User may then, if they wish, place their order again at the corrected, accurate price.

3.3. Delivery charges and terms

Delivery charges are communicated to the User before the order is finally validated and are expressed including all taxes (TTC). They are invoiced in addition to the sale price of the Products.

The detailed schedule of delivery rates applicable by geographical zone, weight/volume and chosen option can be consulted at any time on our dedicated page Delivery & Returns – Guy Degrenne.

The applicable rates and conditions depend on the geographical delivery zone, the weight or volume of the order, and the option chosen by the Buyer.

For any bulky order over 30 kg, delivery will be made outside your home: your parcels will be left at the main entrance of your building if you live in an apartment, or at your gate if you live in a house. Please make the necessary arrangements to receive your order and carry it inside your home.

Article 4. Recording and validation of the order

4.1. Browsing the Online Shop

The User can view the various Products offered for sale by Guy Degrenne on the Online Shop.

The User may browse freely through the various pages of the Online Shop without being committed to an order. The User can thus browse different Product pages and view their essential characteristics, availability and price, as well as the average delivery times offered and their cost.

At any time, the User can click on a "Contact us" link to contact Guy Degrenne customer service by telephone or email if needed.

4.2. Recording an order

The basket (provisional selection) shows: the type, description, quantities, availability and price of the Products selected by the User; the resulting shipping costs (average delivery time and delivery cost) depending on the zone and country of delivery; any gift-wrapping charges; and the total amount of the order including all taxes, the selected shipping method and its cost.

The User is asked to provide:

1.     The information needed to identify them or required for the delivery and invoicing of their purchase;

2.     The delivery method selected on the basis of the information provided by Guy Degrenne regarding the average shipping time and related cost, as well as the packaging options offered;

3.     The payment method selected from the various payment methods offered and described by Guy Degrenne.

4.3. Checking an order

Before validating their order, the User is asked to check all the information entered (Products, quantities, prices including all taxes, delivery charges and method, billing address, delivery address, payment method).

At this stage, the User may add to or cancel their basket.

The User is invited to read Guy Degrenne's General Terms and Conditions of Sale, and in particular the terms of Withdrawal and Returns (see Articles 8 and 9 below).

4.4. Final validation of the order

After selecting and confirming their payment method, the User finally validates their order by clicking the "Validate and pay for the order" button. By this click, the User confirms that they have read and unreservedly accepted the General Terms and Conditions of Sale.

The order is then recorded and becomes irrevocable, subject to effective payment. The User becomes the Buyer. Their order will be recorded in the computer records, which are themselves kept on a reliable and durable medium, and will be considered proof of the contractual relationship between the Parties.

4.5. Order confirmation

A summary of the contractual information will be sent to the Buyer by email without undue delay, to the email address provided by the Buyer during the ordering process. This confirmation will set out all the elements of the contract concluded between the Parties.

Guy Degrenne recommends that the Buyer keep, on paper or on a reliable electronic medium, the data relating to their order and the General Terms and Conditions of Sale in force at the time of the order, as these may be amended. The applicable General Terms and Conditions of Sale will be those in force on the Online Shop on the date the order is validated.

The Buyer must check that the information they provide to Guy Degrenne is complete and accurate. Guy Degrenne cannot be held liable for any input errors and their consequences in terms of delayed or incorrect delivery.

Article 5. Proof of the transaction

Computerised records, kept in computer systems under secure conditions, will be considered proof of communications and orders between the Parties. Order forms and invoices are archived on a reliable and durable medium that may be produced as evidence.

Article 6. Payment and retention of title

6.1. Payment methods

For all orders, Guy Degrenne accepts the secure payment methods offered on the Online Shop (including Carte Bancaire, Visa, Mastercard, American Express, PayPal, Google Pay and Apple Pay).

6.2. Payment terms

Guy Degrenne reserves the right to suspend the processing and delivery of any order if payment by bank card is not authorised by the officially accredited bodies, or in the event of non-payment.

Guy Degrenne reserves the right to refuse any order or delivery in the event of (i) an existing dispute attributable to the Buyer, (ii) total or partial non-payment of a previous order attributable to the Buyer, or (iii) refusal of payment authorisation by banking institutions. The consumer is advised that Guy Degrenne cannot be held liable for any undetected embezzlement or fraudulent use of any payment method.

Retention of title: Guy Degrenne retains full ownership of the Products sold until all sums due by the Buyer in respect of their order, including charges and taxes, have been received in full.

The transfer of ownership of a purchased Product to a third party will not be supported. Only the original Buyer of the item may claim the benefit of the General Terms and Conditions of Sale and be a Party to the contract of sale.

Article 7. Delivery

7.1. Delivery

Deliveries may be made to the zones and countries specified in Article 3 "PRICES". Delivery will be made to the address given when the order was placed.

Delivery will take place within the timeframe indicated in the order confirmation we send you. The order will be delivered within a maximum of fourteen (14) working days from the day after the Buyer validates the order, unless otherwise specified to the User. In the latter case, Guy Degrenne will inform the Buyer of the new delivery time, and the Buyer may, if they wish, cancel their order and obtain a refund.

Deliveries are made according to the working days of the destination country and of the carrier.

The Buyer must give a precise delivery address and check that the information they provide is complete and accurate. Guy Degrenne cannot be held liable for any input errors and their consequences in terms of delayed or incorrect delivery.

7.2. Unavailable Product

Products are offered while stocks last. Any unavailable product cannot be purchased.

If any Product is unavailable, the Buyer will be informed as soon as possible and before shipment. However, in the event of any anomalies or errors regarding Product availability, the Buyer may request a refund.

Guy Degrenne undertakes to refund the Buyer no later than thirty (30) days after payment. Product unavailability shall not give rise to any liability on the part of Guy Degrenne, nor entitle the Buyer to damages.

7.3. Late delivery or delivery incident

If delivery is more than three (3) working days late compared with the estimated delivery date, the Buyer must report the delay by email to the customer service email address.

Guy Degrenne will then request that a claim file be opened with the carrier. This claim may take up to 21 working days (excluding Saturdays, Sundays and public holidays) from the date it is opened. If the Product is found within this period, it will be forwarded immediately to the delivery address given by the Buyer. If, however, the Product has not been found at the end of the 21-working-day period, the parcel will be considered lost and Guy Degrenne will, at the Buyer's choice, either ship a replacement product or refund the Products.

7.4. Parcel not collected

The Buyer must collect the parcel from the indicated pick-up point. If it is not collected within nine (9) days, the parcel will be returned to Guy Degrenne.

7.5. Non-conformity and breakage on receipt

7.5.1. Incident on receipt of the parcel

On receipt of their order, the Buyer should check the visible condition of the Products received. In the event of any delivery anomaly (Product broken, chipped or missing; parcel damaged or missing), the Buyer is invited to state their reservations and inform Customer Service by email as soon as possible, indicating the number of missing and/or damaged parcels and giving a detailed description of any damage (packaging opened or torn, product damaged or missing, etc.), without prejudice to their statutory rights and warranty claims. Guy Degrenne reserves the right to ask the Buyer for photographs or for the return of the Product concerned. If the conditions are met, Guy Degrenne will then either exchange or refund the Product(s) concerned, or reship the missing Product.

7.5.2. Products not conforming to the order form

The Buyer must submit any claim of incorrect delivery and/or non-conformity of the Products in kind with the details on the order form to Customer Service by email. If the Product is returned, the Buyer must follow the return procedure described in Article 9 below.

Article 8. Right of withdrawal

Withdrawal period

The Buyer has fourteen (14) calendar days to return the Product(s) ordered, without giving any reason and at their own expense. This period runs from the day after the Buyer receives the Product.

Exceptions to the right of withdrawal (Article L. 221-28 of the French Consumer Code)

The right of withdrawal may not be exercised, in particular, for contracts for the supply of personalised or clearly personalised goods (e.g. engraved items), gift cards that have already been activated, or goods unsealed by the consumer after delivery that cannot be returned for reasons of hygiene or health protection.

Withdrawal procedure

•      The Buyer informs Guy Degrenne of their decision to withdraw by sending, before the end of the above period at the latest, the withdrawal form or any other unambiguous statement of their wish to withdraw, by email;

•      Guy Degrenne sends back an acknowledgement of receipt of the withdrawal, a file number and return instructions;

•      The Buyer returns the Products, new and in their original packaging together with the documents sent, by post without delay and no later than 14 days after their decision to withdraw, to the following address:

Distribution Guy Degrenne Service Rétractation Clients e-shop (E-shop Customer Withdrawals Department) 1730 rue Guy Degrenne 14500 VIRE, Normandy, France

Guy Degrenne recommends that the Buyer return their Products by tracked Colissimo with additional insurance guaranteeing, where applicable, compensation for the Products up to their real market value in the event of theft or loss of the goods. Guy Degrenne also recommends that the Buyer send it the carrier's shipping notice for the returned Product(s).

Refund conditions

If the Buyer has followed the withdrawal procedure, Guy Degrenne will refund the sums paid within a maximum of fourteen (14) days from receipt of the returned Products or from the Buyer's provision of proof of shipment, whichever is earlier.

Guy Degrenne will refund the price of the returned Products and the initial delivery charges (at the standard delivery rate), with the exception of return costs, which remain payable by the Buyer.

If only part of the order is withdrawn, Guy Degrenne will not refund the initial shipping costs, which are a flat rate for the order as a whole.

The refund will be made using the same payment method as the one selected by the Buyer for the initial purchase, unless the Buyer expressly agrees otherwise and provided that this does not incur any additional costs.

The Buyer may be held liable for any depreciation of the Products resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the goods. In this case, Guy Degrenne reserves the right to offset its loss by deducting from the refund an amount proportional to the deterioration observed.

Article 9. Product returns

The "Product Return" procedure does not concern the exercise by the Buyer of their right of withdrawal (Article 8). It concerns the statutory guarantees arising either from non-conformity of the Product(s) with the order (Article 7.5) or from latent defects (Article 10). It must be exercised within the prescribed time limits according to the following procedure:

•      The Buyer informs Guy Degrenne by email at sav@guydegrenne.fr of their intention to return the Product(s);

•      Guy Degrenne sends a form containing the file number, to be enclosed with the return parcel;

•      The Buyer returns the Products, new and in their original packaging together with the Guy Degrenne form, by post only, to the following address:

Distribution Guy Degrenne Service retour clients e-shop (E-shop Customer Returns Department) 1730 rue Guy Degrenne 14500 Vire, Normandy, France

Guy Degrenne reserves the right to ask the Buyer for photographs or further details before approving the return.

The Buyer is informed that Products ordered online cannot be returned via Guy Degrenne physical stores.

Guy Degrenne reserves the right to refuse receipt of a return that has not been notified to it or that does not follow the prior instructions. A return that does not follow this procedure and for which the parcel(s) were lost in transit cannot be taken into account by Guy Degrenne. In that case, the Buyer may not claim any compensation or refund.

Article 10. Statutory guarantees and mandatory legal notice

Statutory guarantee of conformity

The Products sold benefit from the statutory guarantee of conformity (Articles L. 217-3 et seq. of the French Consumer Code).

The Buyer is informed that when acting under the statutory guarantee of conformity, they:

•      Have two (2) years from delivery of the goods to take action against Guy Degrenne;

•      May choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-12 of the French Consumer Code;

•      Are exempt from having to prove the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods.

In the event of a lack of conformity existing at the time of delivery, Guy Degrenne undertakes, depending on what is possible and reasonable:

•      Either to replace the Product with an identical product (subject to stock availability);

•      Or to exchange the Product for a product of equivalent quality and price (subject to stock availability);

•      Or to refund the price of the Product if replacement proves impossible.

Statutory guarantee against latent defects

Guy Degrenne guarantees the Product sold against latent defects under the conditions provided for in Articles 1641 et seq. of the French Civil Code. Four conditions must be met:

•      the defect prevents the Buyer from making normal use of the Product;

•      at the time of purchase, the Buyer could not detect the defect affecting the Product;

•      the defect must not result from improper use of the product;

•      the Buyer must take action within two (2) years of discovering the defect.

If these four conditions are met, the Buyer may choose between:

•      Returning the purchased product and obtaining a refund of the price paid;

•      Keeping the product and requesting a partial refund of the price paid. In any event, Guy Degrenne's liability may not exceed the value of the Product(s) purchased.

Commercial guarantee

The Products supplied do not carry any additional contractual commercial guarantee.

Exclusion of guarantees

The guarantees do not apply to defects or damage resulting from intervention by the Buyer or from use that does not comply with the instructions for use or care of the Products.

How to exercise the statutory guarantees

The Buyer may contact Guy Degrenne by post at the following address: Distribution Guy Degrenne – Service clients e-shop – 1730 Rue Guy Degrenne, 14500 VIRE, France; by email at info@guydegrenne.fr; or by telephone on +33 (0)2 31 66 44 90, Monday to Friday, 10:00–12:00 and 13:30–17:00 (CET), excluding public holidays.

Legal reminder – Extracts from the French Consumer Code (Articles L. 217-3, L. 217-4, L. 217-7, L. 217-12) and the French Civil Code (Articles 1641, 1648) included in accordance with legal requirements.

Article 11. Data protection and personal data (GDPR)

Guy Degrenne attaches great importance to the protection of personal data in compliance with the General Data Protection Regulation (GDPR – Regulation (EU) 2016/679) and the amended French Law No. 78-17 of 6 January 1978 (known as the "Informatique et Libertés" law).

11.1. Data controller and GDPR contact

The personal data collected from the Buyer and/or the User are processed by computer, and the data controller is Distribution Guy Degrenne. For any question relating to the protection of personal data or to exercise your rights, you may contact our dedicated department:

•      By email: rgpd@degrenne.fr

•      By post: Distribution Guy Degrenne – Service Juridique, Compliance & DPO (Legal, Compliance & DPO Department), 1730 rue Guy Degrenne, 14500 Vire, France

11.2. Purposes of collection and legal bases

The information and data collected are necessary for:

•      The management, recording, processing, tracking and payment of orders on the Online Shop (performance of the contract);

•      Customer relationship management, after-sales service, guarantees and the right of withdrawal (performance of the contract and legal obligations);

•      Sending commercial information and promotional offers, subject to the User's express consent (consent) or on the basis of Guy Degrenne's legitimate interest for similar products.

These data may be transmitted to third-party service providers and partners who contribute to these purposes (in particular logistics providers, carriers such as DPD, and secure payment providers).

11.3. Data retention period

The Buyer's personal data are kept only for as long as necessary to fulfil the purposes for which they were collected, plus the applicable statutory limitation periods (in particular for accounting, tax and commercial litigation matters). Data relating to direct marketing are kept for a maximum of three (3) years from their collection or from the last contact initiated by the customer.

11.4. Rights of the User and the Buyer

In accordance with applicable regulations, the User and/or the Buyer has the following rights: right of access, rectification, erasure, restriction, portability, objection, and the right to give instructions regarding their data after death.

To exercise these rights, the Buyer may submit a request to Guy Degrenne's GDPR department or Customer Service (by email at rgpd@degrenne.fr or by post at the address given above), enclosing a valid proof of identity.

In the event of a dispute, the User has the right to lodge a complaint with the competent supervisory authority, namely the CNIL: www.cnil.fr.

Article 12. E-commerce liability and EPR schemes (Unique Identifier)

12.1. Limitation of e-commerce liability

Guy Degrenne cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a service interruption, an external intrusion, the presence of computer viruses, or the occurrence of a force majeure event.

12.2. Unique Identifier (IDU) – EPR schemes

In accordance with the provisions of the French AGEC law (anti-waste and circular economy law), Distribution Guy Degrenne is registered in the national register of producers placing products on the market under the unique identifier FR213057_01HFAJ. This number guarantees Distribution Guy Degrenne's compliance with its regulatory obligations regarding Extended Producer Responsibility (EPR).

Article 13. Miscellaneous provisions, governing law and mediation

13.1. Force majeure

Neither Party shall be deemed to have failed to perform its contractual obligations to the extent that their performance is delayed, hindered or prevented by a fortuitous event or force majeure. Fortuitous events or force majeure shall mean any facts or circumstances that are irresistible, external to the Parties, unforeseeable, unavoidable, beyond the Parties' control and that cannot be prevented by them despite all reasonably possible efforts. The Party affected by such circumstances shall notify the other within ten working days of becoming aware of them.

The Parties shall then meet within one month, unless prevented by the force majeure event, to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the force majeure event lasts more than three months, the General Terms and Conditions of Sale may be terminated by the injured Party.

In addition to those usually recognised by the case law of French courts and tribunals, the following are expressly considered cases of force majeure or fortuitous events:

•      blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning;

•      shutdown of telecommunications networks or difficulties specific to telecommunications networks external to the Buyer.

13.2. Partial invalidity

If one or more provisions of the General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

13.3. Entire agreement

These General Terms and Conditions of Sale and the order summary sent to the Buyer form a contractual whole and set out the entire agreement between the Parties.

In the event of any contradiction between these documents, the General Terms and Conditions of Sale shall prevail.

These terms may be amended at any time by Guy Degrenne. Any new version of the General Terms and Conditions of Sale will be made available and announced on the Online Shop website.

13.4. Consumer dispute mediation

In accordance with Articles L. 616-1 and R. 616-1 of the French Consumer Code, in the event of a dispute, the Buyer has the right to use a consumer mediator free of charge.

The Buyer may refer the matter to the official mediator designated by Guy Degrenne (via the designated mediation platform or the European Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/).

13.5. Governing law and competent jurisdiction

These General Terms and Conditions of Sale are governed by French law. Any dispute relating to their interpretation and/or performance falls within the jurisdiction of the competent French courts. In the event of a dispute, an amicable solution will be sought before any legal action.

The Buyer is informed that if an amicable settlement with Guy Degrenne's consumer service fails, they may, in accordance with Articles L. 612-1 et seq. and R. 612-1 et seq. of the French Consumer Code, submit their dispute with Guy Degrenne free of charge, electronically or by post, to a mediator who will independently and impartially attempt to bring the parties together with a view to reaching an amicable solution.

Article 14. Intellectual property

All texts, comments, works, illustrations and images reproduced on the Online Shop are the exclusive property of Guy Degrenne and are protected by copyright and intellectual property law, which prohibits any use without Guy Degrenne's consent. Creating commercial links in breach of Guy Degrenne's rights is strictly prohibited. Any total or partial reproduction of the Online Shop is strictly prohibited. Any conduct found to contravene these provisions will be subject to legal action.

Article 15. Information – Complaints

For any information, complaint or question relating to Guy Degrenne's terms of sale, the Site or the Products themselves, the User should contact the Site's Customer Service by email via the contact form, or by telephone on +33 (0)2 31 66 44 90, Monday to Friday, 10:00–12:00 and 13:30–17:00 (CET), excluding public holidays. Calls are charged at the standard rate; please quote your order number where applicable.