BERD AND GO SAS
32/34 rue Pastourelle – 75003 – Paris – FRANCE
€60 000 of share capital
SIREN : 807 624 218 • VAT number : FR70807624218
Web Site Hosting : OVH – 2 rue Kellermann – 59100 Roubaix – France. +33 9 72 10 10 07 (price of a local phone call)
From a general point of vue, you may visit our website on the Internet without having to decline your identity nor providing personal informations regarding you. However, we may sometimes ask you informations. For instance, to process an order, to set up a correspondance, to provide a subscription or to apply for a job offer. We may complete those informations to close a transaction or offer a better service.
GENERAL TERMS OF SALE AND USE
INFORMATION REQUIRED BY LAW AND DESTINED TO THE CUSTOMER
The General Terms of Sale and Use apply to all orders placed via this site and this regardless of the clauses which may appear in the buyer’s documents, between:
The BERD AND GO company, a joint stock company, with a share capital of €60 000, registered in the Paris Trade & Companies Register under number 807 624 218, with registered offices 32/34 rue Pastourelle, 75003 PARIS, hereby « the Seller »;
And the consumer buyer on the Website http://www.gryo-bars.com, hereby designated as the « Customer »
The Seller’s activity is sale, conception, fabrication and promotion of edible Products may be gathered under the designation of « health snacks and other food products”. The Seller’s activity is part of an approach for a healthy nutrition and sustainable development. This concept represents namely the sale of some insect powder edible products.
The Seller provides also non edible derivated products of the trademark GRYÖ or of parteners’.
In accordance with the dispositions in articles L111-1 et L111-3 of the Consumer code, the essential caracteristics of the product as well as the price of the Product are available on the Website http://www.gryo-bars.com.
The Seller insures namely the trading of the Products through the intermediary of the Website http://www.gryo-bars.com.
Any order of a product available for sale on the trademark GRYÖ’s web implies accepting present general terms and use.
So, we invite you to read them carefully.
Our general terms and use are available at the moment of the preparation of the order, as well as below each page of the Website http://www.gryo-bars.com.
ARTICLE 1 –APPLICATION SCOPE
These general terms and use apply, without restriction nor reserve at all sales closed by the company BERD AND GO (« the Seller ») with non professional buyers (« The Customer(s) »), desiring to acquire the products available for sale provided by the Seller (« The Products ») on the website internet « gryo-bars.com » at the following address: http://www.gryo-bars.com.
These general Terms and Use of Sale determine the rights and obligations of the company BERD AND GO and of the Customer concerning the sale of the Products provided by the intermediary of the website http://www.gryo-bars.com.
They specify namely the conditions for an order, for payment, for delivery, and management of a possible return of Products ordered by the Customer.
The offering of Products are intended within the available stock limits, as specified while making an order.
These General Terms and Use of Sale apply to the exclusion of any other conditions, notably those applicable for the sales in shop or by the mean of other circuits of distribution and trading.
These Terms and Use are available at any moment on the Website at the address http://www.gryo-bars.com and shall prevail, if need be, on any other version or any other contradictory document.
These General Terms and Use of Sale can be subsequently modified by the Seller, the version applicable to the Customer’s purchase is the operative one on the Website at the procurement date of the order.
The modifications of these General Terms and Use of Sale are opposable to the users of the Website http://www.gryo-bars.com following their upload online and cannot be applied to prior transactions.
These General Terms and Use of Sale shall remain in force for the period necessary to supply the Products, until the extinction of guaranties and obligations due by the Seller.
Until proven otherwise, registered data in the IT system of the Seller constitute proof of the transactions closed with the Custome.
In accordance with the law IT and Freedoms of January the 6th, 1978, the Customer Client dispose, at any moment, of a right of access, rectification, and opposition to their personal data package by writing, by postmail and justifying their identity to:
SAS BERD AND GO
32/34 rue Pastourelle
These General Terms and Use of Sale are applicable for all Orders placed on the Website internet http://www.gryo-bars.com.
ARTICLE 2 – IDENTITY OF THE SELLER
The Website http://www.gryo-bars.com is edited by BERD AND GO SAS with a share capital of €60 000, registered the Paris Trade & Companies Register under number 807 624 218.
Intra community VAT number: FR70807624218
Site host: The Website http://www.gryo-bars.com is hosted bythe company OVH, 2 rue Kellermann BP 80157 59100 Roubaix
The Sellers registered office are the following:
SAS BERD AND GO
32/34 rue Pastourelle
The customer service may equally be contacted by email at email@example.com or directly through the contact form.
Any reclamation must be carried out to the Customer ServiceToute réclamation doit être effectuée auprès du Service Client designated above.
Throughout any exchange with the Company, including throughout an evaluation of the Products available on the Website « gryo-bars.com », the users commit to keep measure of language and expression.
ARTICLE 3 – ESSENTIAL CARACTERISTICS OF THE PRODUCTS
The Products available for sale on the Website « gryo-bars.com » are food products in the form of healthy snacks.
Some of these Products incoporate insect powder, which are clearly identified and identifiable, namely in the display of the composition of the Products on the packaging.
The Seller provides also to the sale derivated products, of the trademark GRYÖ, or of its possible partners.
All principal caracteristics of the traded Products by the Seller are presented on the Website « gryo-bars.com”.
The Customer is required to refer to the description of each Product in order to have knowledge of the properties and the essential specificities.
The Customer is required to learn about it before any order taking. The choice and purchase of the Product is the only responsibility of the Customer.
ARTICLE 4 – CONTRACTUAL COMMITMENT OF THE CUSTOMER
The Customer declares to have read these General Terms of Sale as well as the General Use of the Website http://www.gryo-bars.com before the validation of the Order in accordance with article 5.
The validation of the Order when ticking the box provided at this effect suppose acceptance without restriction nor reserve of these General Terms and Use of Sale.
It is impossible to acquire a Product on the Website http://www.gryo-bars.com without accepting these General Terms and Use of Sale.
The Customer acknowledge having capacity required to contract and acquire the Products available on the Website http://www.gryo-bars.com.
ARTICLE 5 – THE ONE-TIME ORDER OF A PRODUCT
The orders on the the website http://www.gryo-bars.com are made in several languages:
– French language;
– English language;
The prices are always expressed in euros, it is the Customer’s burden to deal with possible fees linked to conversion of another currency to euros.
The offers of Produits are sont valid as long as they are visible on the Website, within the limit of available stocks.
The sale will be considered as definitive only after the mailing of the confirmation of the acceptation of the order by the Seller by email and after encashment by this one of the totality of the price
The necessary steps to place an order on the Website http://www.gryo-bars.com are detailed on the site http://www.gryo-bars.com.
5.1 STEPS OF THE ORDER
It is necessary to create a customer account in order to place an order on the Website http://www.gryo-bars.com.
It belongs to the Customer to select on the Website http://www.gryo-bars.com the Products they wish to order.
Once the Products chosen, the Customer has the possibility to confirm their order or modify the content of the shopping cart before validating definitively the order.
The personal informations required (name, firstname, electronic address, invoicing address, delivery addresse, mode and details of the paiement) are asked to the Customer before the final validation of the order.
The contractual informations are presented in English language and are to be confirmed at the latest at the moment of the order by the Customer.
5.2 ORDERING RESTRICTION
The Seller is not supposed to sell Products on the Website http://www.gryo-bars.com to professional buyers, but only to consumers. The Seller retains the right to refuse orders of a same product in significant quantity that may be for a professionnal use.
No order of an amount under €6 (all taxes included) / of a quantity below 3 Products, will not be accepted.
5.3 REMOTE CLOSURE OF A CONTRACT
All order placed on the website http://www.gryo-bars.com constitute the making of a remote contract between the Customer and the Seller.
The Seller retains the right to cancel or refuse any order from a Customer with which they would be a payment-linked litigation of a prior order.
The Seller retains also the right to refuse the order of a Customer in case of a doubt, and this in a non-limitative way, regarding the use of the offered products or regarding the true identity of the Customer.
The electronic contract will be etablised after a double validation by the customer:
– when the Customer wishes it, they may validate the order by clicking on the button « Proceed to Checkout » on the cart page.
– the order will then be validated by the Customer by a new click on the button « Proceed to Checkout »on the validation page of the order.
In addition to the acceptance of the content of the order, this validation implies accepting the totality of these General Terms and Use of Sale.
To be assured of the will of the customer, the company BERD AND GO commits to confirm any order by email. On this confirmation will feature the mention of the order good, its price, the payment mode, as well as the terms of delivery by email at the lastest before delivery.
It belongs to the Customer to verify the exactitude of the order and to signal immediately any mistake to the Seller by email at the address firstname.lastname@example.org.
The Customer may follow the evolution of their order on the website http://www.gryo-bars.com in the section « My Account > My Orders ».
5.4 MODIFICATION OF THE ORDER
Any modification of the order by the Customer can only be taken into account by the Seller in the limit of its capacities and at the condition for the Customer to notify the Seller by email at email@example.com at least 2 before the estimated date of shipping of the order.
Should this modification not be accepted by the Seller, le Customer may request the canceling of their order. In this case, the amounts are already disbursed by the Customer for the order will be restituted in a period of maximum 14 days as of the notification of the Customer by email at the address firstname.lastname@example.org, of its clear and unequivocal wish to cancel the Order.
ARTICLE 6 – PRINCING
The Products are provided at the prices indicated on the website http://www.gryo-bars.com, when the order is registered by the Seller.
The prices are expressed in Euros, before taxes, as well as after taxes.
The princing appearing at the moment of the « cart total » take into account possible reductions that the Seller may have granted on the website http://www.gryo-bars.com.
Those are princing are firm and non-revisable while they are in force, such as indicated on the website http://www.gryo-bars.com, the Seller retains the right, outside the validity period, to modify the prices at any time.
They do not include the treatment, shipping, and delivery fees, that are charged as extra, in the conditions specified on the website http://www.gryo-bars.com and precomputed at the placing of the order.
The shipping fees are specified on the cart checking page and before validating the order to proceed to payment.
The payment required from the Customer stands for the total amount of the purchase, including these fees.
ARTICLE 7 – PAYMENT TERMS
The transaction is immediately debited on the payment card, of the Customer after checking of the card’s data, at the reception of the authorisation, of debit from the issuing company of the payment card used by the Customer.
The price is due on the day the order is made by the Customer, in totality, by secured payment way, according the following modality:
– by payment card: Visa or MasterCard
– by the mean of a Paypal account
In accordance with the dispositions of article L132-2 of the Monetary and Financial Code, the commitment to pay, given by the mean of a payment card, is revocable. By communicating the information regarding their payment card, the Customer authorise the Seller to debit their payment card of the corresponding amount at the Price including all taxes indicated when the order is placed.
At the end, the Customer confirms being the owner of the payment card to be debited and that the noun on the payment instrument is indeed theirs. The Customer communicates the sixteen figures and the expiration date of their card as well as the figures on the visual cryptogram.
Should the funds not be available, or the authorisation be declined by the issuing banking establishment of the payment card, the sale would immediately be terminated by genuine right and the Order would be cancelled.
The payment order may be revoked in case of fraudulent use of the payment instrument, in accordance with the convention concluded between the Customer and their banking establishment.
The data given in the order placement are exchanged in crypted mode thanks to the SSL protocole (Secure Socket Layer).
The Seller retains the right, in case of disrespect of payment terms above, to suspend or cancel the shipping of ongoing orders placed by the Customer.
No additional fee, superior to the costs borne by the Seller for the use of a payment mean, will not be charged to the Customer.
ARTICLE 8 – SUBSCRIPTIONS
The Seller may offer in the future orders in the form of subscription.
ARTICLE 9 – DELIVERY
9.1 GENERAL TERMS :
The Customer chooses one of the shipping mode available on the Site at the occasion of the order placement.
9.2. DELIVERY ADDRESS
The Customer fills their shipping address on the purchase form, or the Order can be denied. The Customer, is the only responsible of shipping default in the case of a lack of indications while Ordering.
9.3. AMOUNT OF THE SHIPPING COSTS
The amount of the shipping costs depends on the amount of the Order and the delivery mode chosen by the Customer. At all events, the amount of the Shipping Costs is specified by the Customer before the Validation of the Order.
9.4. DELIVERY PERIOD
The company BERD AND GO commits to deliver the ordered products under 30 days maximum, from the order on the website http://www.gryo-bars.com, at the address indicated by the Customer on the purchase form.
The Seller commits to do its best to deliver the Products ordered by the Customer in the period indicated above.
Nevertheless, this period are communicated for a reference and may change depending on the availability of the Goods ordered.
If the products are unavailable or in stock shortage, the Customer will be informed as soon as possible and will be able to cancel their order. They may ask for the exchange or the product or their payback.
The Shipping Period are intented as working day and correspond to the average time of preparation and shipping, of the Order on the Area.
The Shipping Period starts at the Confirmation of the Order by the Seller.
9.5. DELAY OF DELIVERY
In case of delay of Delivery, the Order is not cancelled.
If the Products are not delivered in a period of 7 days after the indicative delivery date, for any other cause than force majeure or the Customer’s doing, the sale may be terminated at the Customer’s written request in the terms specified at articles L 138-2 et L 138-3 of the Consumption Code.
In case the Order has not been shipped yet at the reception by the Seller of the notice of cancelation from the Customer, the Delivery is blocked and the Customer is reimbursed of the possible amount already debited within a period of fourteen following the reception of the notice of cancellation.
In case an Order has already been shipped at the reception by the Seller of the notice of cancellation, from the Customer, the Customer can still cancel their Order by refusing the package and by sending it back. The Seller will proceed to the reimbursement of the debited amount and the return fees disbursed by the Customer within a period of fourteen days following the reception of the returned refused package, complete and in its original state.
9.6. CHECKING OF THE ORDER AT ARRIVAL
Excepting particular cases or unavailability of one or several Products, the Products ordered will be delivered at once.
The delivery is constituted by the transfer to the Customer of the physical posession or of the control of the Product.
The Customer is required to check the state of the wrappingas well as the Products at delivery, in attendance of the deliverer or the carrier. Any anomaly must be reported at the deliverer in the section « Reserves » on the travel warrant.
Said reserves and reclations are to be addressed at the carrier by registered letter with a request of notice of reception within three working days, not including holidays, following the date of the Delivery of the Goods. The lack of reclamation within the aforementioned period invalids all action against the carrier, in accordance with article L. 133-3 of the Trade Code.
The Customer has to simultaneously and in the same period forward a copy of this letter to the Seller by email at email@example.com or by registered letter at the address specified at article 2 of these General Terms of Sale and Use.
The Customer has to insure that the delivered Products correspond to the Order. In case of non-conformance of the Products in nature or quality to the specifications mentioned in the Delivery warrant, the Customer has to inform the Customer Service by email at firstname.lastname@example.org and send the Products to the address specified in the terms of Article 2.
In case of non-conformance to the delivered Products to the Order, the BERD AND GO company commits to exchange the Product or reimburse the Customer.
The invoices are sent by email. They can also be downloaded in the section « My account » on the website http://www.gryo-bars.com.
9.7 DELIVERY PRINCING
The amount of the shipping fees is computed reflecting the weigh of the order and the country to which the order is shipped.
This cost is clearly indicated to the Client on the order warrant while purchasing the Product on the website http://www.gryo-bars.com. This cost cannot be contested.
9.8 FREE SHIPPING
The BERD & GO company commits to keep, at its expense, the shipping fees at the following conditions:
– When the delivery is toward France and the amount of the order exceeds €50 all taxes included.
– When the delivery is toward a country in the European Union and the amount of the order exceeds €100 all taxes included.
ARTICLE 10 – OWNERSHIP AND RISKS TRANSFER
The ownership transfer and of Products of the Seller, to the Customer, will only be carried out after complete payment of the price by the latter, and this no matter the date of delivery of the said Products.
No matter the ownership transfer date of the Products, the transfer of the risks of loss and of deterioration related to the Products, will only be carried out at the moment when the Customer takes physically possession of the Products. So the Products travel at the risks of the Seller.
ARTICLE 11 – WITHDRAWAL PERIOD AND RIGHT
In accordance with the legal dispositions in force, and excluding the perishable goods, the Customer has a period of fourteen days from the reception of the Product to exercise his right of retractation to the Seller, without any need to justify motifs nor need to pay a penalty fee, in order to exchange or reimburse, at the condition to return the Products in their original packaging (packaging, wrapping, accessories, instructions…) sealed as it should be and in perfect state within 14 days following the notification to the Seller of the decision of withdrawal of the Customer.
The packages must be sent to:
SAS BERD AND GO
32/34 rue Pastourelle
The dammaged Products, dirtied or incomplete, are not accepted back.
The right of withdrawal may be exercised online, thanks to the withdrawal form available hereafter as well as on the website http://www.gryo-bars.com, in which case a notification of reception on a lasting support will be immediately communicated to the Customer by the Seller, or of all other declaration, with no ambiguity, expressing the will to withdraw.
In case of exercise of the right of withdrawal within the period aforementioned, only the price owed or the Products bought and the delivery expenses are reimbursed; the return fess are at the expense of the Customer.
The exchange (at the condition to be available) or the reimbursement will be done within a period of 30 days from the reception, by the Seller, of the returned Products by the Customer, at the specified conditions in this article.
Article 12 – RECLAMATIONS
The Customer must address the possible reclamations at the Customer Service of the Seller, at email@example.com, by reminding the reference and the date of the Order.
Only the reclamations related to the online sale will be taken into account.
The Customer commits to use a moderate language meanwhile all exchanges with the Customer Service.
Article 13 – GARANTIES
The Seller is submitted to the legal guaranties specified at L. 211-4, L. 211-5 et L. 211-12 of the Consumption Code as well as articles 1641 et 1648 of the Civil Code. Those legal texts are entirely reproduced at annex 1 of these General Terms of Sale and Use.
The Products given by the Seller benefits by all rights and without additional payment, independently from the withdrawal right, in accordance with the legal dispositions:
– of the legal guarantee of conformance, for all defective Products in appearance, impaired or damaged that do not correspond to the order,
– of the legal guarantee against hidden defects from a texture, conception or fabrication default affecting the products delivered, making them unfit for use, in the conditions and accordance to the terms defined in annex in these General Terms of Sale and Use.
In order to exercise their rights, the Customer will have to inform the Seller, by writing, of the non-conformance of the Products within a period of 14 days from the delivery of the Products or existence of hidden defects within a period of 14 days from their discovery.
The Seller will reimburse, replace or repair, or will have repaired the Products or pieces under guarantee judged non-conform or defective.
Nevertheless, all available Products on the website http://www.gryo-bars.com are artisanal products which means that the Customer cannot return the Products on the motive that they present a default linked to the artisanal fabrication.
The shipping fees are reimbursed on the basis of the price invoiced and the fees of return are reimbursed on presentation of a bill.
The reimbursement of the Products judged in non-conformance or defective will be done in the best period of time and at the latest within 14 days following the observation by the Seller of a conformance default or of a hidden defect.
The reimbursement will be done by crediting the bank account of the Customer.
The following cases are not the responsibility of the Seller:
– non-respect of the legislation of the country in which the products are delivered, it belongs to the Customer to check,
– seizing of the Products y any administrative and/or control authority,
– in a non-limitative way, in case of misuse or bad conservation, professional use, negligence, or default of care from the Customer, like in case of normal wear and tear of the Products, accident or force majeure.
The guarantee of the Seller is, at all events, limited at the replacement or reimbursement of the Products in non-conformance or affected by a defect.
ARTICLE 14 – LIMITATIVE CLAUSE OF RESPONSABILITIES
14.1 LIMITATIVE CLAUSE OF RESPONSABILITIES LINKED TO THE NATURE OF THE SOLD PRODUCTS
BERD AND GO offers some food products integrating insects.
Nowadays, the trading of edible insects est ruled by the historical (CE) regulation « Novel Food » n°258/97 in which insects are not specifically and clearly mentioned. From January the 1st 2018, the edible insects will be, without any ambiguity, classified in the Novel Food category in the Novel Food as specified by the regulation (UE) 2015/2283. They will then be prohibited from sale in the European Union until a new file Novel Food on a specific species be approved.
Awaiting this entry in force on January the 1st 2018, diverging interpretation of the Novel Food regulation coexist in Europe. Specificaly, the trading of edible insect is strictly forbidden, in accordance with the notice of information n°2014-157.
In the United Kingdom and the and in Belgium, the trading of specific species, like the domestic cricketand the molitor mealworm that we use in our recipes, is nonetheless authorised for trading.
The fabrication of products integrating edible insects is not specificaly regulated nor forbidden in France.
For this reason, if the order of the Customer is destined to a delivery in France, we ask them not to order a edible insect products on the website www.gryo-bars.com. In case the Customer would try to include in their order products with and without insects, the Seller would be in the obligation to cancel the whole order of the Customer. After the Customer’s autorisation, the Seller can then validate again the order of the Customer and making sure not to include insect products.
The food products without insects, and namely including plant-based protein are however uniformly authorised to sale in Europe, including in France.
The Customer is invited to inquire before ordering products on www.gryo-bars.com of the law in force and especially the one ruling the sale of edible insects. They can actively approch BERD AND GO in order to obtain a specific information on the state of the legislation in the concern country by sending an email at: firstname.lastname@example.org
The Customer ordering the Products of the BERD AND GO company acknowledges that they know the essential characteristics of them above, and namely their composition based on insect powder.
Specifically, the Customer acknowledges to have taken notice of the allergens susceptible to be present in the bought products. Those are clearly mentioned.
The composition of the Product is clearly indicated on the packaging.
Each Customer acquiring Products integrating insects on the website http://www.gryo-bars.com is exclusively responsible of the use they make.
It is specified that the fabricated Products insect-based can cause allergies, which are generally associated with dust mites and crustaceans, but are not clearly defined, so that the BERD & GO company advises strongly each Customer to order and consume those Products with prudence.
The BERD AND GO company will not be held responsible would any damage resulting of this consumption happen since the Customer is aware of the composition of the Products that they acquire.
14.2 LIMITATIVE CLAUSE OF RESPONSABILITY LINKED TO THE USE ON THE WEBSITE
The BERD AND GO company reminds to the cybernauts the characteristic and limits of the Internet network and declines any responsibility linked to the consequences of their connection at this network through the website http://www.gryo-bars.com.
More specifically, the BERD AND GO company will not be held responsible of any damage, material or immaterial, caused by cybernauts, to the IT equipment, to the data stocked, and the consequences that may stem from such damage on their personal, professional or trading activity.
The BERD AND GO company will not be accounted for any damage resulting in the access to the website http://www.gryo-bars.com or for the impossibility to access the site. The forecasted information on this website are updated and checked regularly, but can still contain mistakes.
Those data may furthermore have been updated between the moment when you downloaded them and when you take knowledge of them. Subsequently, we advise you to check the validity of those data. The information on this website cannot engage the responsibility of the BERD AND GO company.
14.3. LIMITATIVE CLAUSE OF RESPONSABILITY LINKED TO THE BOXES/OFFRES OF PARTNERS
The BERD & GO company cannot have its responsibility engaged for the actions of the products from the possible partners being delivered in the case boxes or subscription subscribe by the Customer.
ARTICLE 15 – FORCE MAJEURE
The execution by the Seller of its obligations as intended in these General Terms of Sale and Use will be suspended should a fortuitous event or force majeure arise and hinder or delay the execution.
Subsequently, the Seller cannot be considered liable or having failed to meet its contractual obligations, when the default of execution is originated by a fortuitous event or force majeure.
Are considered as force majeure: strikes, civil or foreign war, riots, terrorist attacks, total or partial destruction of premises and installations of production and else, incidents of fabrication, whichever nature or origin, or any other fortuitous event preventing or delaying totally or partially the execution of the obligations of the BERD AND GO company.
Are equally considered as force majeure, customs security measures, which would trigger delivery delays for the order and that are not the liability of the Seller.
The Seller will notify the Customer of the occurrence of such a fortuitous event or force majeure in the 10 days to count the occurrence date of the event.
When the suspension of the execution of the Seller’s obligations carry on a longer period than 30 days, the Customer has the ability to terminate the ongoing Order. The Seller will proceed to the reimbursement of the Order in the terms of article 10.
ARTICLE 16 – DATA AND FREEDOM
16.1 DATA PROCESSING
Enforcing the law 78-17 of January the 6th, 1978, it is reminded that, the nominative data of the Customer that are collected by the Seller are necessarily processed for the successful conduct of the order.
The Customer acknowledges their awareness of this fact.
As such, the data concerning the Customer can be communicated to the commercial partners of the BERD AND GO company in order to carry out the order, the delivery of the Products and the payment processing.
This data processing through the website http://www.gryo-bars.com was declared to the French CNIL.
In no way, the BERD AND GO company will communicate the nominative data of its Customers to third parties for trade purposes without their prior consent.
The Customer has, in accordance with the national and European regulations in force, the right to a permanent access, to modify, rectify and oppose, when it comes to data registered in the file of the BERD AND GO company.
To exercise this right, the Customer can write to: email@example.com or directly go on their Customer account and by modifying your data.
16.2 ACCESS TO PASSWORD PROTECTED AREAS
The access to password protected areas is strictly restricted to the authorised persons. The Customer commits not to break into these areas, and namely not to usurp the identit, the password or the address of another user of the website http://www.gryo-bars.com. Any person non-authorised attempting to break into these areas could face legal actions.
The Customer has the possibility to refuse the registration of « cookies » by configurating their browser with the following method:
– For Mozilla Firefox :
Choose the section « tool », then « options », click on « privacy », spot the section « cookie » and select the desired options.
– For Microsoft Internet Explorer :
Choose the section « Tools, then « Internet Options ». Click on the thumbnail « confidentality » and select the level desired with the pointer.
– For Safari :
Choose the section « Preferences », click on the thumbnail « security » and select the option desired.
ARTICLE 17 – INTELLECTUAL PROPRIETY
The content of the website http://www.gryo-bars.com is the property of the Seller and its partners and is protected by the French laws related to intellectual property.
All the elements on this website, such as, and in a non-comprehensive way, the text, graphic charter, logo, graphics of buttons, images, photos and softwares are the property of the BERD AND GO company.
The photos of the products are not contractual.
The code, the layout, the assembling of all or part of an element of this site is the property of the BERD AND GO company.
Any reproduction, modification, distribution, total or partial transmission of content or of any element of this website is strictly forbidden.
Any offender to this proctection can be sued in legal actions.
If you wish to use these photos or texts of this website, you may contact us through firstname.lastname@example.org.
ARTICLE 18 – TERMS OF NULL AND VOID
If any of the stipulations in these General Terms of Sale and Use would come to be cancelled, this null and void cannot trigger the null and void of the other dispositions of these General Terms of Sale and Use, which will keep all their strength and scope. Only the disputed clause will be deemed never to have been written.
ARTICLE 19 –APPLICABLE LAW AND SETTLEMENTS
These General Terms of Sale and Use ans the operations that stem from them are ruled and subject to the French laws.
These General Terms of Sale and Use are written in French and then translated in English. Should any litigation come up, the French text is the only reference.
Should any ligation stem from this present contractual relation, the parties commit before any legal action, to look for an amicable solution.
Should the parties fail to find an amicable solution, all litigations that could stem from the operations of purchase and sale concluded applying these General Terms of Sale and Use could because of their validity, their interpretation, their execution, their termination, their consequences and their followings and that could not have been resolved between the Seller and the Customer will be submitted to the French competent court.
The Customer is informed that they can at all events resort to a conventional mediation, namely through the Commission of the mediation of the consumption (C. consom. art. L 534-7) or through existing sectorial mediation institution, and which references are on the website http://www.gryo-bars.com or to all alternative settlements (conciliation, for instance) in case of dispute.
ANNEXE 1 – DISPOSITIONS RELATED TO THE LEGAL GUARANTEES
Article L211-4 of the Consumer Code
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.
Article L211-5 of the Consumer Code
To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
– correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
– have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L211-12 of the Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the product.
Article L211-16 of the Consumer Code
Lorsque l’acheteur demande au vendeur, pendant le cours de la garantie commerciale qui lui a été consentie lors de l’acquisition ou de la réparation d’un bien meuble, une remise en état couverte par la garantie, toute période d’immobilisation d’au moins sept jours vient s’ajouter à la durée de la garantie qui restait à courir. Cette période court à compter de la demande d’intervention de l’acheteur ou de la mise à disposition pour réparation du bien en cause, si cette mise à disposition est postérieure à la demande d’intervention.
Article 1641 of the Civil Code
The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
Article 1648 1st paragraph of the Civil Code
An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.
ANNEXE 2 – WITHDRAWAL FORM
This form must be completed and sent only if the Customer wishes to withdraw from an order placed on http://www.gryo-bars.com except exclusions or limits to the exercise of the right of withdrawal following these applicable General Terms of Sale and Use.
To the attention of the BERD AND GO company
SAS BERD AND GO
32/34 rue Pastourelle
I, ………………………………, notify hereby the withdrawal of the contract for the ongoing order of the service delivery below:
– Order from the (date)
– Number of the order: …………………………………………………..
– Name of the Customer: …………………………………………………………………
– Address of the Customer: ……………………………………………………………..
Signature of the Customer (only in case of the notification of this form on paper):