Terms and conditions of sale

These general conditions of sale have been drawn up to formalize our respect for the customer and the commercial transaction. We are committed to providing you with the best possible shopping experience.

Article 1: Application of the General Sales Conditions (GSC)

The “Grain de Sail®” brand and its commercial site defined below are the property of Grain de Sail SAS, hereinafter referred to as “the company”, whose head office is located at 4, route du bas de la rivière, 29600 MORLAIX (SIREN : 538 866 740).

These terms and conditions govern the relationship between the http://www.graindesail.com website, hereinafter referred to as “the site”, and the Internet customer making a purchase on the site.

The customer simply needs to click on “General Sales Conditions” (hereinafter referred to as G.S.C.) to find out the conditions of his order, even before he has started the order process.

Consequently, the act of placing an order implies the buyer’s full and unreserved acceptance of these G.S.C., to the exclusion of all other documents such as prospectuses and catalogs issued by the seller, which are for information purposes only.

The T.G.V. may be modified at any time, provided that such modifications are posted on the site.

Article 2: The order

Your order is validated once you have completely filled in the order form and paid the order amount using one of the payment methods provided. Please ensure that you have entered your full name, address and telephone number correctly. The sale is final once payment has been confirmed. You will then receive a confirmation e-mail and your order will be registered. You can access your order at any time by logging on to the site.

Validating your order implies your signature and express acceptance of all operations carried out on the site. The personal information you provide when placing your order is binding. In the event of an error, we cannot be held responsible for the impossibility of delivering the order.

When you place your order, we will inform you of product availability. If, despite our precautions, these products are temporarily unavailable after your order (out of stock), you will be promptly informed by email.

Our company reserves the right to cancel or refuse any order from a buyer with whom there is a dispute relating to the payment of a previous order.

Furthermore, in order to control the transport conditions of our chocolates as much as possible, we reserve the right to postpone deliveries if current temperatures are deemed incompatible with the proper preservation of our products.

The photographs presenting the products as an indication do not enter the contractual field.

The offers presented by Grain de Sail are only valid while stocks last.

Article 3: Prices

Product prices are quoted in euros (€) and include handling, packaging and storage costs. They include VAT and French taxes in force on the date of the order, for all orders delivered in mainland France.

The amounts shown on the site are therefore inclusive of VAT and exclude shipping costs.

Article 4: Billing

A detailed invoice will accompany the delivery of your parcel. Invoices are issued in euros (€), with an indication of the equivalent value in the customer’s local currency where applicable.

All bank payments are made in euros (€).

Payment in full must be made at the time of ordering. At no time may the sums paid be considered as deposits or advance payments.

Article 5 : Shipping costs

Shipping costs vary according to weight and place of delivery. They include postage and packing costs (particularly thermal protection for chocolates). Unless expressly agreed otherwise, the company offers one or more carriers to choose from when placing an order on the site. Delivery is free of charge for orders of €49 or more, including VAT, and only via relay points.

In the case of deliveries to relay points where parcels have not been collected on time, the customer will be invoiced for the reshipment of the goods (by cheque or bank transfer).

Article 6: Payment

The price of items ordered is payable in full to the company by secure electronic payment by credit card or by bank transfer. If you choose to pay by bank transfer, you have 72 hours to validate your transfer. After this time, we will cancel your order.

The payment cards currently accepted are : CB, VISA and MASTERCARD.

For each order, a request to debit your bank account will be sent to your bank within 24 hours.

It is your responsibility to save and print your payment certificate if you wish to retain the bank details relating to the transaction.

You guarantee that you are fully entitled to use the payment card to pay for your order and that your means of payment provide access to sufficient funds to cover all costs arising from the use of the services of Grain de Sail.

Article 7: Refund transaction

In the event of delivery not conforming to the order transmitted or for commercial reasons, we may decide to refund all or part of your order. Refunds are made by cheque or by dematerialized refund.

Article 8: Delivery

Packages are generally dispatched within 2 days after receipt of payment and are shipped with tracking and drop-off without signature. Packages are dispatched with tracking and drop-off without signature.

In the event of unavailability of the product ordered, notably due to our suppliers, the consumer will be informed as soon as possible and will have the option of cancelling the order. The consumer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or an exchange of the product ordered.

In accordance with article L216-2 of the French Consumer Code, in the event of failure to meet the obligation to deliver by the end of the stated delivery period or, failing this, no later than thirty days after the order has been placed, the customer may cancel the order by registered letter with acknowledgement of receipt, or in writing on another durable medium, if, after having enjoined the seller by the same means to make delivery within a reasonable additional period, the latter has not done so within this period. The customer is obliged to check the condition of the products delivered and to make any comments concerning any apparent defects.

In the event of cancellation of the order, the seller will reimburse the customer for the sums paid, at the latest within fourteen days following the date of cancellation of the order, to the exclusion of any additional compensation.

Shipping costs include preparation, packaging and postage. Preparation costs are fixed, while transport costs vary according to the total weight of the package. We recommend that you combine all your items into a single order. We cannot group two orders placed separately, and shipping charges apply to each of them.

We undertake to ensure that your parcel is delivered to you without risk of loss or damage, and to pay particular attention to fragile objects. However, if you wish to entrust the delivery of your parcel to a carrier other than the one we propose, Grain de Sail cannot be held responsible for the loss or damage of your parcel once we have handed it over to the carrier you have chosen.

Boxes are the right size and your items are properly protected.

Depending on the carriers proposed on the site, products will be sent to a relay point or to the delivery address indicated on the order form. In the event of delivery to another address, simply tick the “different delivery address” box and enter the recipient’s address.

Article 9: Order tracking

If you wish to know the status of your order, please contact us at the following address:
Grain de Sail
Customer service
4 route du Bas de la Rivière
29600 MORLAIX
Monday to Friday: 9 a.m. to 6 p.m.
Tel: +33 2 98 62 40 91
Mail: service.clients@graindesail.com

Article 10: Withdrawal period

You have the right to withdraw from this contract without giving any reason within fourteen (14) clear days, in accordance with the provisions of article L221-18 of the French Consumer Code.

The withdrawal period expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.

To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of the withdrawal form or an unambiguous statement either :

By calling the following number: 02 98 62 40 91 Monday to Friday, 9 a.m. to 6 p.m.

By returning the retraction form to us at the following address:

Grain de Sail
Customer service
4 route du Bas de la Rivière
29600 MORLAIX

To our e-mail address: service.clients@graindesail.com. If you use this option, we will immediately send you an acknowledgement of receipt of the cancellation on a durable medium (e.g. by e-mail).

In accordance with the provisions of Article L221-23 of the French Consumer Code, you must return the goods without undue delay and, in any event, no later than fourteen (14) days after you have informed us of your decision to withdraw from this contract. This period is deemed to have been respected if you return the goods before the fourteen-day period has expired.

You are responsible for the cost of returning the products. You are responsible for transporting returned products.

In the event that the product, due to its nature (bulky and/or heavy or high value), cannot be handled by the Post Office, you may use the service of a carrier of your choice.

The estimated cost of returning the product indicated in the table below is given as an indication and is not binding on Grain de Sail. You are responsible for this cost.

The cost of returning the product will depend on the carrier you choose, according to the following criteria:

– the nature of the product

– Weight and dimensions

– The distance to cover

– The urgency of delivery

The prices below are therefore given as an indication and example:

Weight range –> Pricing example :

– Between 0KG and 2 KG –> from 6€ to 10€.

– Between 2KG and 4 KG –> from 8€ to 12€.

– Between 4KG and 10 KG –> from 10€ to 15€.

– Between 10KG and 20 KG –> from 15€ to 20€.

The products concerned by this return may be exchanged or reimbursed. The product must be returned in perfect condition, in its original packaging, intact and complete. It must be accompanied by all its accessories (documentation, samples and other commercial offers) initially inserted in the original package, together with the purchase invoice.

Products which are damaged, whose packaging has been unsealed or which have been partially consumed cannot be returned. Only the price of the product purchased and the shipping costs will be reimbursed. The customer is responsible for return shipping costs.

If you wish to be reimbursed, we will send you a cheque for the price of the products within 30 days of sending the e-mail or registered letter with acknowledgement of receipt or the returned products.

In the event of partial cancellation of an order, the company will retain the benefit of the delivery charges corresponding to the product(s) delivered.

SAMPLE CANCELLATION FORM

(Please complete and return the form below only if you wish to withdraw from the contract).

To the attention of :

Grain de Sail

Customer service

4 route du Bas de la Rivière

29600 MORLAIX

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/provision of services (*):

Ordered on (*)/received on (*) :

Name of consumer(s) :

Address of consumer(s) :

Signature of consumer(s) (only in the case of notification of this form on paper) :

Date :

(*) Delete as appropriate.

In order for the withdrawal period to be respected, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.

Article 11: Force majeure

The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations is due to force majeure or unforeseeable circumstances. The events defined in article 1218 of the French Civil Code and cases generally recognized as such by French jurisprudence shall be considered as such, including any facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. (Example: disruption, total or partial strike, notably of postal services, means of transport and/or communication, flood, fire.

The Vendor cannot be held liable in the event of force majeure.

Article 12: Personal information

In order to meet your needs and provide you with the best possible remote service, we need to record certain information about you (surname, first name, address, e-mail).

We undertake not to divulge any information communicated to us. It will only be used to process orders and to personalize communications with our customers.

– Rules specific to cold calling :

You have the right to register free of charge on an opposition to telephone canvassing list on the website https://www.bloctel.gouv.fr/ if you do not wish to be the subject of commercial canvassing by telephone from companies with which you have no contractual relationship. You can also register by post by sending a letter to : “Worldline – Service Bloctel CS 61311 – 41013 Blois Cedex “: last name. first name.

The company does not carry out telephone canvassing.

Pursuant to General Data Protection Regulation no. 2016/679 and Act no. 78-17 of January 6, 1978 as amended (Loi Informatique et Libertés), the Customer has the right to access, rectify, delete, oppose, limit the processing and portability of data concerning him or her.

Customers have the right to lodge a complaint with a supervisory authority, in particular with the Commission Nationale de l’Informatique et des Libertés (CNIL), if they consider that the processing of their personal data constitutes a breach of the General Data Protection Regulation and the French Data Protection Act.

Find out more about the CNIL here: Your rights to control your personal data | CNIL

Or simply send your request by post :

Grain de Sail

4 route du Bas de la Rivière
29600 Morlaix

– Consumer mediation :

In accordance with the provisions of articles L 611-1 and R 612-1 et seq. of the French Consumer Code concerning the amicable settlement of disputes: When the consumer has sent a written complaint to the professional and has not obtained satisfaction or a response within two months, he may submit his complaint free of charge to the consumer mediator. The mediator must be contacted within one year of the initial complaint.

Recourse to the mediator is only possible within 12 months of sending a written complaint to the retailer and then to the customer service department, in accordance with the terms and conditions laid down by the brand, and only if your dispute has not previously been or is not currently being examined by a mediator, another body or a court.

You can submit your request by post, or directly online on our website, by adding the elements relating to your request. (These documents must include Proof(s) of purchase, exchanges with the merchant and/or his customer service)

THE MEDIATOR CANNOT BE CONTACTED BY TELEPHONE

The MCP MEDIATION mediator can be contacted directly online at the following address: www.mcpmediation.org

or by mail MÉDIATION DE LA CONSOMMATION & PATRIMOINE – 12 Square Desnouettes – 75015 PARIS

Article 13: Intellectual property

The company is the owner of the www.graindesail.com website and holds all related rights. Texts, comments and product images are reserved under copyright and intellectual property law. Without our prior authorization, it is forbidden to copy or download all or part of the site’s content.

Article 14: Applicable law and jurisdiction

In the event of difficulties in applying these terms and conditions of sale, we invite you to seek an amicable solution by contacting our customer service department.

Customer service

4 route du Bas de la Rivière
29600 MORLAIX

Monday to Friday: 9 a.m. to 6 p.m.

Tel: 02 98 62 40 91
Mail: service.clients@graindesail.com

Should negotiations fail, the following provisions will apply:

– Contract concluded by a French consumer from France: This contract is subject to French law. Any dispute arising in connection with the performance or interpretation of this contract shall be brought before the court of the defendant’s domicile.

– Contract concluded by a consumer ordering from another European Union country: This contract is subject to French law. Any dispute arising in connection with the performance or interpretation of this contract shall be brought before the competent courts in accordance with the directives and regulations of the European Union (in particular the Brussels Convention, September 27, 1968).

Article 15: Partial non-validation

If one or more stipulations of these terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope.

Article 16: Customer complaints

16.1 – Product complaints

The customer may contact GRAIN DE SAIL at any time, to make any request concerning the Products ordered using the messaging system provided as part of the Service, in particular to invoke any warranties.

The customer may lodge a complaint concerning the Products ordered within a period of fourteen days from the date of actual delivery of the package.

The customer must enclose with the complaint all the information necessary for the problem to be taken into account: photos of the packaging and the product, product reference, batch number, place of purchase, etc.

If the claim is justified, GRAIN DE SAIL may either return the Product(s) or refund the Product(s) or a discount on the website.

16.2 – Claims relating to delivery

Customer satisfaction is very important to GRAIN DE SAIL.

Our Customer Service Department is committed, as far as possible, to taking all the necessary measures and actions to provide the utmost satisfaction to Users.

Any customer complaint concerning the Delivery (i.e. exclusively the transport of the Sales Order and in no case its contents), must be justified by traceability elements.

Any question or request for clarification concerning a delay or default in delivery should be sent to GRAIN DE SAIL’s Customer Service via the following means:

Messaging tool available in the “CONTACT” tab

Article 17: Completeness

These general terms and conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept unreservedly all the provisions of these general conditions. No general or specific condition appearing in documents sent or delivered by the consumer may be incorporated herein, insofar as such documents are incompatible with these general conditions.

Legal information

Name: Grain de Sail®, trademark of Grain de Sail SAS
Registered office: 4, route du Bas de la Rivière 29600 Morlaix
RCS registration number: 538 866 740 00011
Intracommunity VAT number: FR 538866 740 00011
Legal representative: Jacques BARREAU

Telephone: 02 98 62 40 91