GENERAL CONDITIONS OF SALE
Effective 01/11/2024
PREAMBLE
Garance & Rhubarb is a micro-enterprise registered in the trade and companies register (RCS) of Dieppe (76), registered under the Siret number 93416700800010.
This Sole Proprietorship is represented by Gwenaëlle Maës and domiciled at 8 rue Guy de Maupassant 76910 Tocqueville-sur-Eu, France.
The purpose of these General Terms and Conditions of Sale is to define the conditions under which product sales are made on the e-commerce website garancerhubarb.com (hereinafter referred to as "the Site").
The company can be contacted by email at the following address: contact@garancerhubarb.com or via the contact form accessible on the Site.
ARTICLE 1 – PRINCIPLE AND SCOPE OF APPLICATION
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all sales concluded between on the one hand Garance & Rhubarb (hereinafter referred to as "the Seller"); and on the other hand non-professional buyers (hereinafter "the Customers or the Customer"), wishing to acquire the items offered for sale (hereinafter "the Products") on the website garancerhubarb.com.
The Products offered for sale on the Site are related to the natural artisanal dyeing of textile fibers in various forms (threads, fabrics, creative kits, etc.) covered by the Garance & Rhubarb brand.
These General Terms and Conditions express the entirety of the parties' obligations. Any order for a Product offered on the Site implies the Customer's prior and unreserved acceptance of these General Terms and Conditions, which prevail over any other document. These General Terms and Conditions are accessible at any time on the site garancerhubarb.com.
Validation of the order, by its confirmation, constitutes acceptance by the Customer of the General Terms and Conditions in force on the day of the order. The Seller reserves the right to modify these General Terms and Conditions at any time and without notice. The modifications will only be applicable to orders placed after they are put online. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
ARTICLE 2 – PRODUCT INFORMATION
The essential characteristics of the Products are described on the Website. The Products are presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the Seller cannot be held liable. The photographs of the products are non-contractual. They only provide an indicative value to the Customer and do not in any way engage the Seller's liability. The Seller ensures that the colors presented in the photographs are as close as possible to reality, however variations in lighting during shooting and the resolution of Customers' screens can sometimes cause the actual color of the Products to vary.
The Products on the Site are made with natural materials and may contain defects that do not degrade the quality of the Products. Products containing natural dyes may change color over time; they are “living” colors. The Customer is required to refer to the description of each product in order to know the essential properties and characteristics (on the Site and on the Product labels). The company is not held responsible in the event of failure to follow the maintenance advice and the use of unsuitable cleaning products (chemical detergent, bleach, chemical cleaning agent, etc.) that may degrade natural dyes.
The Products governed by these General Terms and Conditions are those appearing on the Seller's Website and which are indicated as sold and shipped by the Seller. They are offered within the limit of available stocks.
Some products are available in a single copy or in very limited series. In the event of an order placed simultaneously before the automatic stock update, the Customer who ordered the item first (date and time of the order being authentic) will see only his order validated. The second Customer will be reimbursed for his order or offered an equivalent product if available.
ARTICLE 3 – PRICE
The Products are subject to the current prices appearing on the site garancerhubarb.com, when the order is registered by the Seller.
Prices are expressed in Euros, all taxes included (TTC).
The prices take into account any reductions that may be granted by the Seller on the Site.
These prices are firm and not revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport and delivery costs, nor any additional taxes such as customs fees or other local taxes, invoiced in addition, under the conditions indicated on the site, and calculated prior to placing the order.
The amount of shipping costs relating to the delivery of the Products (for mainland France and countries bordering the Euro zone) will be automatically displayed on the Site when the shipping method chosen by the Customer is validated.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is prepared by the Seller and sent by email to the Customer upon shipment of the Products. This electronic invoice can also be downloaded from the Customer's personal space on the Site.
ARTICLE 4 – ORDERS
4.1 – Conditions for ordering Products
To place an order on the Site, the Customer must be of legal age, have legal capacity and hold a bank account. The sale of Products on the Site is exclusively reserved for sale to consumers (or non-professionals) for their personal needs.
When placing orders on the Garance & Rhubarb online store, by following the instructions provided for this purpose, the Customer agrees to verify the information provided. In the event of an error in the wording of the recipient's contact details, the company cannot be held responsible for the impossibility of delivering the product.
In certain cases, including non-payment, incorrect address or other problem with the Customer's account, the Seller is entitled to block the Customer's order until the problem is resolved.
If the company finds that the order does not comply with these General Terms and Conditions, it will inform the Customer by email within a maximum of six (6) days. If the Customer fails to do so, with Garance & Rhubarb, the correction of the erroneous elements or those contrary to these General Terms and Conditions. The company reserves the right to cancel the order outright, and to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.
4.2 – Order on the Site
All the steps required for the sale are specified on the Site, the Customer will have the possibility, before definitively validating his order, to check the details of his order and its total price and to correct any errors, before confirming it to express his acceptance. This validation implies acceptance of all of these General Terms and Conditions and constitutes proof of the sales contract. It is therefore up to the Customer to check the accuracy of the order and to immediately report any errors.
The Customer selects on the site garancerhubarb.com the Products that he wishes to order, according to the following terms:
Any order placed on the Site constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Customer will be informed of the progress of his order by email.
The Customer will be informed of the progress of his order by email.
Any order implies acceptance of the prices and description of the Products available for sale. The Customer will be informed of any unavailability of the Product ordered.
Product offers are valid as long as they are visible on the site, within the limit of available stocks. In the event of prolonged inactivity when connecting, it is possible that the selection of Products chosen before this inactivity is no longer guaranteed. The Customer will be invited to start their selection of Products again from the beginning.
4.3 – Proof of order
The computerized records, stored in the Seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
ARTICLE 5 – CUSTOMER AREA / ACCOUNT
In order to place an order, the Customer undertakes to provide sincere and accurate information concerning their civil status and contact details.
The Customer has the possibility to create a Garance & Rhubarb account. He will thus be able to access his personal space, where he will find in particular the history of his orders.
The Customer is responsible for updating the information provided. He is informed that he can modify it by logging into his account.
To access his personal space, the Customer must identify himself using his email address or his username and password, which he will have created beforehand by following the procedure provided for this purpose. The Customer shall refrain from any disclosure of his access codes. Otherwise, he will remain solely responsible for the use made of them.
The Customer may also request to unsubscribe by sending an e-mail to: contact@garancerhubarb.com. This will be effective within a reasonable time.
In the event of non-compliance with the general conditions of sale and/or use, the site garancerhubarb.com will have the possibility of suspending or even closing a customer's account after formal notice sent electronically and remaining without effect.
Any deletion of an account, whatever the reason, results in the pure and simple deletion of all the Client's personal information.
The Seller shall not be held liable for any event due to force majeure resulting in a malfunction of the site or server, subject to any interruption or modification in the event of maintenance.
Creation of the account implies acceptance of these general conditions of sale.
ARTICLE 6 – AVAILABILITY OF PRODUCTS / REIMBURSEMENT
Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the home page of the site, shipping times are three (3) to six (6) days on average. Shipping times run from the date of registration of the order indicated on the order confirmation email. This period is given for information purposes only and does not take into account the variable collection and delivery times depending on the Customer's choices. The Customer will be informed by email of any shipping delay.
Orders will be accepted within the limits of available stocks. For this purpose, Products that are out of stock are specified on the Site and cannot be added to the basket. The Customer has the option of requesting, via the “Notify me!” button, to be notified by email of the return of the Product.
If it turns out, despite the company's vigilance, that the Products ordered are no longer available, the Customer will be informed by email as soon as possible and will have the option to cancel his order. The Customer will then have the choice of requesting either the reimbursement of the sums paid within fourteen (14) days at the latest of their payment, or the exchange of the product.
ARTICLE 7 – PAYMENT CONDITIONS
Payment for the Products is made when the order is validated, according to the following terms:
The price is payable in cash by the Customer, in full on the day the order is placed. The amount due is the amount indicated on the order confirmation page displayed to the Customer at the time of payment.
Payments made by the Customer will only be considered final after the Seller has actually collected the amounts due. The transfer of ownership of the Garance & Rhubarb products to the Customer will only be made after full payment of the price by the latter, regardless of the delivery date of said products.
The Seller reserves the right to suspend any order management and delivery in the event of refusal of authorization of payment by bank card by officially accredited organizations or in the event of non-payment. The Seller reserves in particular the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered.
The Customer has the option of downloading their invoice from their personal space in the “My Orders” section, which will be put online once their order has been dispatched.
ARTICLE 8 – DELIVERY TERMS
Our Products are deliverable in France and the bordering countries of the Euro zone (Belgium, Luxembourg, Germany, Italy and Spain).
For all orders outside the delivery areas offered on the Site, the Customer will contact Garance & Rhubarb via the contact form in order to establish a quote. All orders sent to countries other than those mentioned above may give rise to customs fees or additional taxes which will be entirely borne by the Customer upon receipt, depending on the laws in force in the country.
The Products are delivered to the address indicated by the Customer when validating the order on the Site, he must therefore ensure its accuracy. Any package returned to the Seller due to an incorrect or incomplete delivery address will be reshipped at the Customer's expense.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing, on a quote previously accepted in writing by the Customer.
8.1 – Delivery methods
Your packages can be delivered by different organizations that you choose when validating your order on the site garancerhubarb.com, either by post in classic letter if the product allows it or by Colissimo, or by relay point (Relais Colis, Mondial Relay).
The order will be shipped within a maximum of six (6) working days from receipt of payment. The order shipping confirmation sent by e-mail will be valid. In the event of an unusual delay, Garance & Rhubarb will send an e-mail to the Customer.
The shipment of the Products is deemed to have been carried out by the Seller once it has handed over the goods sold to the carrier who has accepted them without reservation.
Delivery corresponds to the physical transfer of the Product to the Customer. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
Delivery times, in France and abroad, vary depending on the delivery method chosen. The times given on the La Poste website and the various carriers are as follows:
The Colissimo and relay point delivery method allows the parcel to be tracked during its delivery. In the event of absence at the time of delivery, the carrier's specific provisions will apply.
If the Products ordered have not been delivered within thirty (30) days after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be terminated at the written request of the Customer under the conditions set out in articles L216-2, L216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or deduction.
8.3 – Exceptional closure
The company Garance & Rhubarb undertakes to make its best efforts to ship the Products ordered by the Customer as quickly as possible but cannot be held responsible for delivery times.
Some exceptional closures of the various delivery services, in addition to closures for public holidays, remain possible and may therefore impact delivery times. The dates of these exceptional closures are not known in advance.
Delivery is carried out by the carrier chosen by the Customer at the time of placing the order. As such, the Customer acknowledges that it is the carrier’s responsibility to carry out the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.
In the event of damage, the Customer must contact the carrier by registered letter within three (3) working days. The period is extended to ten (10) working days if the carrier has not given the Customer the opportunity to check the condition of the package. The Customer sends a copy of this letter by email or by post to the Seller at the address indicated in the legal notices of the Site.
If at the time of delivery, the original packaging is damaged, torn, opened, the Customer must then check the condition of the items. If they have been damaged, the Customer must refuse the package and indicate on the delivery note, in the form of a handwritten reservation accompanied by his signature, any anomaly concerning the delivery (package refused because opened or damaged, etc.). The mention "subject to unpacking" is not acceptable.
This verification is considered to have been carried out once the Customer, or a person authorized by him, has signed the delivery note.
If the products need to be returned to the Seller, they must be the subject of a return request to the Seller within fourteen (14) days following delivery. Any claim made outside of this period will not be accepted (Cf. Article 10 of these General Terms and Conditions).
ARTICLE 9 – TRANSFER OF OWNERSHIP / TRANSFER OF RISKS
The transfer of ownership of the Products from the Seller to the Customer and the correlative transfer of the risks of loss and deterioration relating thereto, will only be carried out after full payment of the price by the Customer, regardless of the delivery date of said Products. The Products therefore travel at the risk of the Customer who may, in the event of damage, make any claims to the carrier under the legal and regulatory conditions in force.
ARTICLE 10 – RIGHT OF WITHDRAWAL / RETURN OF ITEMS
10.1 – Right of withdrawal
In accordance with the terms of the Consumer Code: articles L221-18 to L221-28, the Customer has a period of fourteen (14) days, from the date of delivery of his order, to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the Customer.
Before returning any product, the Customer agrees to inform Garance & Rhubarb and to wait for the company's agreement before making the return.
The right of withdrawal may be exercised online, using the contact form available on the site with the subject line “Right of withdrawal – Order no. (indicate the number) or any other unambiguous statement expressing the desire to withdraw. The Customer may use the withdrawal form provided in Appendix 1 of these General Terms and Conditions by sending it to the Seller by post or by email to the contact details indicated in the PREAMBLE of the General Terms and Conditions.
Each Product must be returned new (unwashed, unstained) in its original packaging accompanied by the purchase invoice. The Products must not be opened, used or damaged, and complete (packaging, accessories, instructions, labels, etc.), thus allowing them to be re-marketed in new condition.
In the event of depreciation of a Product resulting from handling other than that necessary to establish the nature and characteristics of the Product, the company reserves the right to refuse the refund or exchange of the damaged Product which will be returned to the Customer. The company will not make any refund if the Products returned by the Customer do not correspond to the Product(s) ordered or have an origin other than the Garance & Rhubarb store.
The exchange (subject to availability) or refund will be made within fourteen (14) days from receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.
10.2 – Return of items purchased in the event of exercising the right of withdrawal
The Products must be returned within fourteen (14) days following the sending of the Customer's withdrawal to Garance & Rhubarb. The return will be made to the following address:
Garance & Rhubarb, 8 rue Guy de Maupassant – Tocqueville-sur-Eu, 76910 Petit Caux (France).
The Customer must ensure that the product is delivered correctly (correct address, packaging and postage) and that it is neither damaged nor lost during transit.
The refund of all amounts paid for the returned Product(s) will be made according to the payment method used when validating the order. With the Customer's agreement and without additional costs to be borne by the Seller, the Seller may also use another means of refund.
The refund of the items will be made within fourteen (14) days after receipt of the returned items, and found to be in the condition in which they were initially shipped to the Customer. If this period expires on a Saturday, Sunday or public holiday, it is extended until the first working day.
It will be the Customer's responsibility to keep all proof of return, which requires that the items are returned by registered mail or by any other means providing a certain date for this shipment. The return costs remain in all cases the responsibility of the Customer.
ARTICLE 11 – WARRANTIES / RESPONSIBILITIES
11.1 – Guarantees
In accordance with current legislation, all products sold on the site garancerhubarb.com bénéficient :
However, Garance & Rhubarb informs the Customer that each piece is hand-dyed with natural dyes that may have a different concentration for the same given species and induce a variable intensity or uniformity of colors. This variable cannot be considered as a hidden defect or non-conformity of the Product.
The colorimetric difference of different dye baths for the same product reference cannot constitute a hidden defect. It is the Customer's responsibility to check the dye bath numbers of the products delivered.
Garance & Rhubarb takes all necessary care to control the quality of its Products but cannot guarantee that the threads or fabrics are free from any defects.
Therefore :
In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from the time of their discovery.
Once the products have been received by the seller, the latter will note the condition of the products (non-compliant or with hidden defects) and will proceed, if necessary, to the exchange or refund as soon as possible. This refund may be made according to the payment method used when validating the order.
Shipping costs will be reimbursed based on the rate charged and return costs will be reimbursed upon presentation of supporting documents.
11.2 – Responsibilities
Garance & Rhubarb is fully liable to the Customer for the proper performance of the obligations resulting from the contract concluded remotely.
However, the company may exonerate itself from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable to:
The Seller shall not be held liable in the following cases:
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.
ARTICLE 12 – PERSONAL DATA AND COOKIES
All information concerning the use of cookies and the processing of personal data can be consulted on the Site (Cf. Cookie Policy and Privacy Statement).
In accordance with Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, it is recalled that the personal data requested from the Customer are necessary for processing their order and issuing invoices, in particular. They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders. The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to information concerning them.
The Customer may be required to receive proposals or be informed of our promotional offers by e-mail. If he does not wish to do so, he simply needs to specify this by writing to the following address: contact@garancerhubarb.com.
By adhering to the T&Cs, the Customer acknowledges having read this personal data protection policy and consents to the Seller collecting and using this data.
12.1 Collection of personal data
The personal data collected on the site garancerhubarb.com are as follows:
12.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the effectiveness of the sale and delivery of the Products.
The categories of co-contractors are:
12.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act, and as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
12.4 Security and Privacy
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
12.5 Implementation of the rights of Customers and users
In application of the regulations applicable to personal data, Customers and users of the site garancerhubarb.com have the following rights:
The data controller must provide a response within a maximum of one month.
In the event of refusal to comply with the Client's request, reasons must be given.
The Customer is informed that in the event of refusal, he/she may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or contact a judicial authority.
12.6 – Cookies
The site garancerhubarb.com uses cookies and other related technologies. On the home page of the Site, via a window that opens, the customer is invited to manage his preferences regarding cookies.
ARTICLE 14 – INTELLECTUAL PROPERTY
All contents of the site garancerhubarb.com remain the property of the Seller, the sole holder of intellectual property rights over these contents. They are protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright (Cf. Legal notices: Trademark and copyright).
ARTICLE 15 – APPLICABLE LAW AND COMPETENT JURISDICTION
These General Terms and Conditions and the operations resulting from them are governed by and subject to French law. The competent court is the judicial court.
This is the case for substantive rules as well as for formal rules.
In the event of a dispute or complaint, the Customer will contact Garance & Rhubarb as a priority in order to seek an amicable solution before any legal action.
The Client is informed that he may in any event resort to conventional mediation, with existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
https://www.economie.gouv.fr/mediation-conso/mediateurs-references
The Customer is also informed that he can use the Online Dispute Resolution (ODR) platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from purchase and sale transactions concluded under these General Terms and Conditions and which have not been settled amicably with the Seller or through mediation, will be submitted to the competent courts under the conditions of common law.
ARTICLE 16 – LANGUAGE OF THE CONTRACT
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
ARTICLE 17 – PRE-CONTRACTUAL INFORMATION
The buyer acknowledges having received, prior to placing his order and concluding the contract, in a legible and comprehensible manner, these general terms and conditions of sale and all the information listed in article L. 221-5 of the Consumer Code.
ANNEXE 1
WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on garancerhubarb.com except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
Attention: Garance & Rhubarb, represented by Gwenaëlle Maës
Located at: 8 rue Guy de Maupassant, 76910 Tocqueville-sur-Eu, France
Email address: contact@garancerhubarb.com
I hereby notify my withdrawal from the contract relating to the goods below:
– Order of the (indicate date) : _ _ _ _ _ _ _ _ _ _ _ _ _
- Order number:_ _ _ _ _ _ _ _ _ _ _ _ _
– Customer Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
– Customer Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date _ _ _ _ _ _ _ _ _ _ _ _
Signature of the Client (only in case of notification of this form on paper)
To provide the best experiences, we use technologies such as cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Failure to consent or withdrawing consent may negatively impact certain features and functions.