General Terms and Conditions of Sale
In accordance with the provisions of Articles 6-III and 19 of Law No. 2004-575 of June 21, 2004 for the Confidence in the Digital Economy, known as L.C.E.N., it is brought to the attention of users and visitors to the site www.frogmask.eu the present legal notice.
Article 1 : Presentation
The present conditions of sale are concluded on the one hand by the company Groupe GNG SAS (Frogmask distributor) whose head office is located 13 rue Trigance, 13008 Marseille registered in the trade and companies register of Marseille under the number 523 223 058 hereinafter referred to as "GNG" and on the other hand, by any individual or legal entity wishing to proceed to a purchase via the website www.frogmask.eu hereinafter referred to as "the buyer".
Article 2: Purpose
The present sales conditions aim to define the contractual relationship between GNG and the buyer and the conditions applicable to any purchase made through the merchant site www.frogmask.eu , whether the buyer is a professional or a consumer.
The acquisition of a good through this site implies an acceptance without reserve by the buyer of these conditions of sale.
These conditions of sale will prevail over any other general or particular conditions not expressly approved by GNG.
GNG reserves the right to modify its terms and conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the buyer.
The present general terms and conditions of sale are originally written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Article 3: Characteristics of the proposed goods
The products offered are those listed in the catalog published on the site www.frogmask.eu. These products are offered within the limits of available stocks.
The photographs in the catalog are as accurate as possible but cannot ensure a perfect similarity with the actual product, especially with regard to colors.
In the event that a supplier modifies a product, the graphic representation of this one would not know how to engage the responsibility of the salesman nor to affect the validity of the sale.
The purchaser must, if he does not have enough knowledge on the products to refer to the salesman so that it validates the field of use or that it advises it thus in its step of purchase.
The products sold on the site www.frogmask.eu are excluded from the scope of the regulation (EU)2016/425 D and are considered as decorative handicrafts that are intended for private use to protect against weather conditions that are not extreme.
Article 4 : Prices
This is an order with payment obligation, which means that the placing of the order implies a payment by the buyer.
The prices listed in the catalog are prices including VAT in euros, taking into account the VAT applicable on the day of the order; any change in the rate may be reflected in the price of products or services.
GNG reserves the right to modify its prices at any time, but it is understood that the price listed in the catalog on the day of the order will be the only one applicable to the buyer.
The prices indicated include shipping and delivery costs for France (except for DOM TOM and other countries, where freight costs are added in the buying cart. Freight costs are free for orders above 100€.
Article 5 : Order
The buyer, who wishes to buy a product must obligatorily:
- Indicate his adress defining the place of delivery
- Make the payment in the conditions provided
- Confirm his order and his payment
The confirmation of the order implies the acceptance of the present conditions of sale, the recognition of having perfect knowledge of them and the renunciation to prevail itself of its own conditions of purchase or other conditions.
All the data provided and the recorded confirmation will be worth proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out.
Article 6 : Withdrawal
In accordance with the provisions of the code of consumption, the consumer (any person who acts for purposes which do not enter within the framework of its commercial, industrial, artisanal or liberal activity) has a 14 days deadline as from the delivery date of its order, to turn over any article not agreeing to him and to ask for the exchange or the refunding without penalty, with the exception of the expenses of return which remain with the load of the purchaser. For any return of product within the time limits, the purchaser will have however to send beforehand an email to firstname.lastname@example.org to agree on the return.
The returns are to be made in their original condition and complete (packaging, accessories, instructions...) allowing their remarketing in new condition, accompanied by the purchase invoice. Any failure to comply with this obligation will result in the non-refund of the product(s) concerned returned to Groupe GNG.
The refund of the product(s) returned within the legal time limit will be made by Paypal if the payment was made via Paypal or on the bank account of the buyer if he paid by card via Stripe upon receipt of the product(s). The delay announced by these payment partners is 4 to 5 days.
Article 7 : Payment terms
The price is due at the time of order.
Payments will be made by credit card via Stripe or through the secure Paypal system, both of which use the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and no third party can gain knowledge of it during transport on the network.
The buyer's account is debited at the time of the order. Any payment not validated by the bank or recognized as fraudulent will automatically result in the cancellation of the order.
An invoice showing the VAT is sent automatically at each validation of order to the email address given when creating the buyer's account.
As part of the fight against Internet fraud, the information relating to your order may be communicated to any third party in order to carry out various checks.
Article 8 : Deliveries
Deliveries are made to the address indicated in the order form. Group GNG will not be responsible of any order lost due to a wrong address indicated during registration.
In case of partial availability of the ordered items, GNG will be able to separate the orders and thus ship the available items in a first step, the balance of the order being sent then upon receipt at GNG of the products ordered by the buyer.
The risks are borne by the purchaser from the moment the products have left the premises of GNG by Colissimo or followed letter depending on the weight and volume of the order. GNG cannot be held responsible for possible thefts from the mailboxes from the moment the order is announced as delivered on the tracking system of the post office.
In case of damage during transport, a justified protest must be made to GNG within three days after delivery to email@example.com.
The delivery times are given only as an indication and their non-respect cannot in any case give rise to a cancellation of order or any other complaint; if these exceed thirty days as from the order, for any other cause than a case of absolute necessity, the sale contract could be cancelled and the buyer reimbursed or GNG could propose to reship the goods to the buyer free of charge.
Force majeure is defined as any irresistible, unforeseeable, unavoidable event or circumstance beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: war, mobilization, riot, strikes and accidents, machinery breakdown, inability to be supplied, blockage or interruption of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers and/or any event beyond the control of the seller preventing or significantly reducing the manufacture or shipment of products.
The deliveries are made via Colissimo Europe or chronopost international, and the indicative times of delivery announced by the post office are on average from 4 to 5 working days.
Article 9 / Service
GNG does not guarantee that the quality of the Products, services, information or other material purchased or obtained by the Customer will meet his/her expectations, or that any errors in the service will be corrected.
However, any defective product or product suffering from defects, despite the quality control carried out at the end of the manufacturing chain, will be replaced at the expense of GNG after acceptance of the latter.
Article 10 : Responsibility
The seller, in the process of selling online, is only bound by an obligation of means; his responsibility cannot be engaged for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of service, or other involuntary problems.
Article 11 : Intellectual property
All elements of the www.frogmask.eu website are and remain the exclusive intellectual property of GNG.
No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, the elements of the site whether they are software, visual or sound.
Any simple link or hypertext link is strictly prohibited without the express written consent of GNG.
Article 12: Data processing and freedom
The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices. They can be communicated to the partners of the seller in charge of the execution, the treatment, the management and the payment of the orders.
In accordance with the law relating to data processing, files and freedoms of January 6, 1978, the information in personal matter relating to the purchasers could be the subject of an automated treatment (sending of newsletter concerning the products sold by GNG).
Buyers may object to the disclosure of their personal information by notifying GNG. Likewise, users have the right to access and rectify data concerning them.
The automated processing of information, including the management of email addresses of users of the site has been declared to the CNIL number 1460885.
Article 13: Protection of personal data
The personal data that are collected on this site are the following:
Account opening: during the creation of the user's account, his name, first name, e-mail address; telephone number; postal address
Connection: when the user connects to the website, the user's name, surname, connection data, usage data, location data and payment data are recorded.
Profile: When using the services provided on the website, a profile is created, which may include an address and telephone number.
Payment: When paying for the products and services offered on the website, the website does not record any financial data relating to the user's bank account or credit card.
Cookies: cookies are used in the context of the use of the site. The user has the possibility to deactivate the cookies from the settings of his browser.
Use of personal data
The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organizing the conditions of use of the Payment Services;
- verification, identification and authentication of data transmitted by the user;
- implementation of user assistance;
- management of possible disputes with users;
- sending commercial information in the form of a newsletter concerning only the products sold on the site
Personal data may be shared with third-party companies in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracts;
- when the website uses service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in order to provide these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may carry out the transmission of data to follow up on claims made against the website and to comply with administrative and judicial procedures;
- if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In such a case, users would be notified before any personal data is transferred to a third party.
Security and Privacy
The website implements organizational, technical, software and physical measures for digital security to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of users' rights
In accordance with the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: firstname.lastname@example.org
The right of access: they can exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
The right of rectification: if the personal data held by the website are inaccurate, they can request the update of the information.
The right to deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws.
The right to limitation of processing: users may request the website to limit the processing of personal data in accordance with the assumptions set forth in the GDPR.
The right to object to the processing of data: users may object to their data being processed in accordance with the assumptions set out in the RGPD
The right to portability: they can request that the website gives them the personal data provided to it in order to transmit them to a new website.
Evolution of the present clause
Article 14: Archiving - Proof
GNG will archive the order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of article 1348 of the Civil Code.
The computerized records of GNG will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 15: Settlement of disputes
The present online sales conditions are subject to French law.
In the event of a dispute, jurisdiction is attributed to the competent courts of Marseille (13), notwithstanding the plurality of defendants or appeal in guarantee.