Introduction

These general conditions of use and sale (hereinafter “CGU/CGV”) govern the use of the website https://gariguettes.fr (hereinafter “the Site”) as well as the purchase of products. and services offered by Gariguettes (hereinafter “Gariguettes”) by any person using the Site (hereinafter “the Customer”). By using the Site and purchasing products and services on it, you accept without reservation the These CGU/CGV are available only in French, this version being the only valid one. The Customer has the option of saving and printing them.

Purpose and scope

The purpose of these CGU/CGV is to define the terms and conditions of use of the Site as well as the conditions of sale of the products and services offered by Gariguettes. They apply to all people using the Site and purchasing products and services on it.

Information about Gariguettes

The website gariguettes.fr is published by the simplified joint stock company Gariguettes with share capital of 5,000 euros, whose head office is at 4 rue Piroux 54000 NANCY, registered with the RCS of Nancy under number 948717681. Gariguettes is subject to VAT under the number FR07948717681.

To contact Gariguettes or the gariguettes.fr Site, you can send an email to the following address: contact@gariguettes.fr

Use of the Site

Use of the Site is subject to these General Terms and Conditions as well as current legislation. You undertake to use the Site fairly, in accordance with its purpose and the legal provisions in force. Customers declare that they are of legal age and fully capable of contracting.

Gariguettes reserves the right to modify, at any time and without notice, the content and functionalities of the Site, as well as these General Terms and Conditions. These modifications will be enforceable against users of the Site from the time they are put online and will be considered accepted by any user continuing to use the Site.

Orders and sales of products and services

Gariguettes may modify at any time the assortment of products and services offered for sale on its Website, without prejudice to Orders placed by the Customer.

In accordance with article L. 111-1 of the Consumer Code, the Customer may, prior to his Order, read, on the Gariguettes Website, the essential characteristics of the services and/or product(s) that he he wants to command. Concerning the monthly box sending service, it is expressly agreed between the parties that the Customer subscribes to the service of sending a box containing a surprise. The products included in the box are not known to the Customer prior to their order. The Customer is fully aware of and fully accepts the characteristics of this service.

The information mentioned on each product page is that communicated to Gariguettes by the suppliers of these products. Gariguettes is not involved in the production or design of this information and cannot be held responsible for any consequences linked to this information. Gariguettes will make its best efforts to ensure that the photographic representation of the products or services on the Website is as faithful as possible to the products or services themselves. However, given the digital presentation mode of the products or services on the Internet, it is possible that the Customer's perception of the photographic representation of the products or services does not correspond exactly to the product or service itself, which The Client admits and acknowledges.

The products comply with current French legislation.

Orders for products and services are made on the Site by following the instructions given there. The products and services are sold at the price indicated on the Site at the time of the order. Gariguettes reserves the right to modify prices at any time, without notice.

Validation of an order implies acceptance of these General Terms and Conditions, as well as acceptance of the price and description of the products and services purchased.

The Gariguettes.fr Site Services (apart from chat) are normally accessible by the Customer 24 hours a day, 7 days a week and all year round except in the event of voluntary or unintentional interruption, regardless of the cause. This could include maintenance. Being, through its activity, subject to an obligation of means, Gariguettes cannot be held responsible for any physical, material or moral damage caused by the unavailability of the Site.

Availability

The offers presented by Gariguettes are valid as long as they are announced on the Site and while stocks last.

In the event of unavailability of one or more products or services after placing the Order, the Customer will be notified by e-mail. The amount of their Order will be recalculated and the Customer will be debited for the new amount, reduced by the missing products. If the Order is completely unavailable, the Customer will be notified by email and will not be debited or refunded. In this case Gariguettes cannot be held responsible for any damage suffered by the Customer, nor liable for any damages.

Specific conditions of the “Gariguettes” service: monthly box sending service

This service provides for the distribution each month to its customers of a monthly box intended for pregnant women and young mothers.

The Contract provided for by these General Conditions provides for the sending of one box per calendar month, that is to say one box for the month of January, one box for the month of February etc.

It is expressly agreed that Gariguettes reserves the right to suspend the box sending service for one month. In this case, the Customer will not be debited for the amount of the box.

When placing an order, the Customer will be asked to fill out a questionnaire. The Customer must take care to verify the accuracy and conformity of the information provided to Gariguettes. The latter cannot be held responsible for the consequences of possible entry errors.

The contract between the Client and Gariguettes will only be concluded upon receipt by the Client of a payment confirmation email from Gariguettes.

Gariguettes will systematically confirm each Customer's order by email.

The first box will be shipped in the calendar month indicated when ordering, generally that of the month of subscription. For example, a subscription taken out in January will result in the delivery of a January box.

In the event that the boxes for month are no longer available, the Customer will receive the box for month n+1.

In all cases, the subscription with a mandatory or non-compulsory commitment period may be interrupted temporarily or permanently by Gariguettes as indicated in the article “deactivation of the customer account” of these General Conditions of Sale. Gariguettes cannot be held responsible for any damage suffered by the Customer.

6.1 Subscription

Subscription to the monthly box delivery service can be done in 3 ways:

monthly subscription with monthly payment without mandatory commitment period

monthly subscription with monthly payment or all at once and mandatory commitment period

the subscription to be offered via gift card with a single payment (one month, three months, six months, nine months)

A – Monthly subscription with payment each month without compulsory commitment period

Subscribing to the Monthly Subscription subscribes the subscribing Customer to the monthly delivery service of a Box until the Customer decides to end this contract. By accepting this offer, the Customer accepts a monthly debit of an amount defined during the initial order.

Therefore, unless the Customer unsubscribes under the conditions provided for in the “unsubscribe” article, the Customer will be charged the amount specified during their initial order, automatically each month, around the 4th of each month. The Customer is free to end his subscription at any time under the conditions provided for in the “unsubscription” article of these General Conditions.

By validating his order, and after having checked the content of the order and, if necessary, having modified it, the Customer declares to fully and unreservedly accept all of these General Conditions.

After confirming the content of his order, the Customer will definitively validate it by payment. The order will only be final upon payment of the corresponding price.

B – Monthly subscription with payment each month and mandatory commitment period

Subscription to the Subscription with mandatory duration allows you to subscribe yourself or a third party for an indefinite period with a mandatory minimum commitment period. Payment for this subscription will be made each month or in a single payment?.

Debits for the Monthly Subscription will take place on the working day following the 20th of the month preceding the Monthly Box concerned. Example: for the Box for the month of June 2023, the collection will take place from May 21, 2023.

In order to benefit from a promotional offer conditional on a minimum Subscription duration, the Customer will not be able to end their Subscription before the end of the defined mandatory period. After the end of the defined mandatory period, the Customer may unsubscribe according to the process provided for in the article relating to unsubscription of these General Conditions of Sale.

C – Subscription to be offered via gift card with a single payment (one month, three months, six months, nine months)

Subscription to the 1 (one), 3 (three), 6 (six) or 9 (nine) month Subscription allows you to subscribe yourself or a third party for a period of 1 (one), 3 (three), 6 (six) or 9 (nine) months. Payment for this Subscription will be made in one go, upon subscription. The commitment is firm over the period. The Customer retains the possibility of exercising his right of withdrawal under the conditions provided for in the article “Right and period of withdrawal”.

When the Subscription expires for 1 (one), 3 (three), 6 (six) or 9 (nine) months, no tacit renewal of the Subscription will be carried out. The Customer offers a Subscription via a physical gift card (sent to the home negotiating a cost) or intangible (online, received by email) to offer it to the person of their choice. A promo code will be provided on the gift card which will allow you to pay nothing at the time of ordering.

It is up to the beneficiary of the Gift Subscription to personally use their gift card on the Site, by creating an account and placing an order. The promo code is valid for one year from the date of purchase. It cannot under any circumstances be extended by Gariguettes once the validity date has passed.

6.2 Unsubscription

Only Customers benefiting from a Monthly Subscription or a Subscription with a mandatory commitment period whose defined mandatory period has ended can unsubscribe. The Customer can end their monthly Subscription on their space at any time.

If the cancellation request occurs after the automatic debit, the order is deemed to have been concluded for the month concerned by the direct debit, the Customer cannot demand the cancellation of this order by arguing for his cancellation request. Unsubscription is taken into account for the Box following the one concerned by the debit.

Example: the direct debit takes place on June 23, 2023 for the July Box, and the Customer requests the termination of their Subscription after June 23, 2023. Their termination will then only be taken into account for the August 2023 Box, and he will therefore receive his July 2023 Box.

Orders

When the Customer confirms his order by clicking on the “Validate your payment” icon, he is considered to have knowingly accepted the content and conditions of the Order in question and in particular these General Conditions of Sale, the prices , volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Customer.

Gariguettes will then confirm this order by sending an email to the Customer.

In addition, Gariguettes reserves the right to suspend or cancel any execution of an Order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be owed by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Gariguettes Website, including in connection with previous Orders.

Also, in the event of an error in entering the electronic mail address concerned, or non-receipt of the electronic Order confirmation message, Gariguettes cannot be held liable. In this case the sale will be considered final, excluding cases of cancellation of the Order by Gariguettes, in particular due to unavailability of the products. The Customer may nevertheless exercise his right of withdrawal under the conditions provided for in these General Conditions of Sale.

Payment

8.1 The applicable price is that in effect when the Customer places the Order. The price and payment terms may be modified at any time by Gariguettes, which the Customer acknowledges and accepts.

8.2 Standard delivery costs are included in the price of the Subscription to which the Customer subscribes (including via gift card). If the Customer wishes to benefit from so-called “express” delivery (via Colissimo for example), additional costs will be billed. However, regarding the purchase of products and boxes on the Site (excluding Subscription), the Customer acknowledges and accepts that the price indicated on the Site does not include the delivery costs of the products and boxes, invoiced in addition to the sale price. depending on the amount of the Order.

Shipping costs will be specified including all taxes and must be accepted by the Customer when placing the Order.

8.3 Payment for the Services by the Customer is made by means of a bank card via the secure platform of the payment provider Shopify Payments, which the Customer expressly acknowledges and accepts. The Customer guarantees Gariguettes that he is fully authorized to use the bank card to pay for his Order. Gariguettes cannot be held responsible for any fraudulent use of the bank card used to pay for the Services by the Customer. As part of the Monthly Subscription (with compulsory duration or not), the Customer accepts and acknowledges that their Account will be debited each month for the amount of the box for the coming month, unless the Contract is terminated under the conditions provided.

The payment terms are specific to the platform of the payment provider Shopify Payments, and are independent of Gariguettes, which is not involved in any way in the use of said service. All conditions and terms relating to payment via the Shopify Payments payment solution are governed by the General Conditions of Use of this service, which apply concurrently with these General Terms and Conditions. Gariguettes does not keep any bank details of the Customer, subject to the provisions below. Gariguettes cannot be held responsible for any malfunction occurring on the Shopify Payments payment platform.

As part of the services offered by Shopify Payments, Gariguettes is considered responsible for processing the personal data collected herein. Shopify Payments acts as a subcontractor, in accordance with applicable legal and regulatory provisions.

By accepting this Agreement, Customer also agrees to be bound by the Shopify Payments Terms of Service. These are subject to change by Shopify Payments only. Indeed, it is specified that under no circumstances can Gariguettes modify the General Conditions of Use of Shopify Payments, which is exclusively a service provider, over which it has no control.

8.4 Gariguettes reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the Customer or in the event of payment incident.

Penalties of an amount equal to the legal interest rate increased by five points are automatically applicable to unpaid amounts after a period of ten days following the date of supposed payment or upon notification of bank payment rejection. for any other means of payment.

Delivery of any new order may be suspended in the event of late payment for a previous order, notwithstanding the provisions herein.

It is up to the Customer to save and print their payment certificate if they wish to keep the banking details relating to their transaction.

Delivery

The terms of payment for delivery costs are mentioned above in the Payment article.

The products and services are only offered in certain countries listed in the subscription form. For logistical reasons, subscriptions or sales outside these geographic areas cannot be taken into account. The products are delivered to the delivery address indicated when ordering. Gariguettes reserves the right to choose the most suitable carrier for each order. The delivery times indicated on the Site are indicative times, corresponding to the average processing and delivery times observed. Gariguettes cannot be held responsible for the consequences due to a delay in delivery. In all cases, if the package is returned to the sender, a second delivery will be made at the Customer's expense. If the package is returned to the sender again, it will no longer be returned to the Customer and the amount corresponding to this order, including any additional delivery costs, will remain acquired by Gariguettes.

As part of a subscription (with mandatory duration or not) and in the event of a change in desired delivery location, the Customer is required to notify Gariguettes at least fifteen (15) days before the start of the month concerned by modifying their contact details on its account.

Product returns

The Customer is required to notify Gariguettes of any reservations about the delivered product (for example: damaged package, already opened, missing parts) within 7 days of receipt of the product. If the product is found to be defective, the Customer will receive a new product while stocks last. In the event of a stock shortage, the Customer will receive an equivalent product. No other compensation can be claimed from Gariguettes for non-receipt of a box. In any case, its liability is limited to the monthly value of the subscription.

Right to retract

In accordance with article L. 121-20 of the Consumer Code, the Customer has a period of 14 clear days from the date of receipt of his order or the date of subscription to the purchase method concerned, to return the ordered products at your own expense for reimbursement.

The products must be returned to Gariguettes by post. The return address will be communicated by Gariguettes by return email.

In the event of exercising the right of withdrawal, Gariguettes will reimburse the Customer for the corresponding amount within a maximum period of thirty (30) working days from receipt of the return. Reimbursement will be made by crediting the amount debited to the account corresponding to the Customer's bank card.

To exercise this right, the Customer must, within the period mentioned above, express his wishes by email to contact@gariguettes.fr

The Customer who exercises his right of withdrawal must indicate by email the withdrawal form below:

“To the attention of Gariguettes - 4 rue Piroux 54000 NANCY, contact@gariguettes.fr :

I hereby notify you of my withdrawal from the contract relating to the purchase of the Product/Box [to be completed] ordered on [to be completed] on the Website https://www.gariguettes.fr, received on [to be completed], in the name of [to be completed], at the address [to be completed]. Signature and date.”

This same period is valid from receipt of each box. The return must be made at the Customer's expense, in the original box. The box packaging must not be opened. As the subscription concerns the sending of a complete box per month, the withdrawal method can only apply to the entire box.

Reservation of title

Gariguettes retains full ownership of the products sold until full payment of the full price, in principal, fees, taxes and mandatory contributions included.

Intellectual property

The content of the Gariguettes Site (in particular texts, images, videos, logos, brands, etc.) is protected by French and international legislation relating to intellectual property. Any reproduction, representation, distribution or use of this content, in whole or in part, without prior written authorization from Gariguettes is strictly prohibited and may give rise to legal proceedings.

Signature and proof

Gariguettes works to protect the personal information of its customers by ensuring a high level of security, but the Customer also has a role to play in the protection of his personal data. In particular, the Customer must maintain the security of his online transactions, for example by not communicating his identifier (email address of the Customer) and/or his password to anyone and by regularly changing his password. As such, Gariguettes cannot be held responsible for the disclosure of information concerning the Customer to any individual who has used his identifier (e-mail address of the Customer) and/or his password.

As such, the use of the Customer's identifier (email address) and/or password will constitute proof of their identity, and the corresponding sums will be payable upon validation of the Order. Gariguettes cannot under any circumstances be held responsible for the fraudulent use of this information.

The provision of the bank card number and the final validation of the Order will constitute proof of acceptance of said Order and will constitute payment for the sums incurred by entering the products appearing on the Order. The computerized records kept in the computer systems of Gariguettes and its partners will be considered as proof of communications, Orders and payments made between the Parties.

Deactivation of customer account

Non-compliance by the Customer with the obligations subscribed to under the terms of these General Conditions, any incident of payment of the price of an order, actions contrary to the interests of Gariguettes, the provision of false information when creating the account, may result in the suspension of access to the Gariguettes service, or even the termination of one's account and subscription depending on the degree of seriousness of the actions in question, without it being possible to claim damages or compensation of any kind from Gariguettes . Gariguettes reserves the right to refuse any order from a Customer with whom there is such a dispute, even if the Customer uses a new account.

Customer service

For any information or questions, the FAQ is available on the Site www.gariguettes.fr. For any specific questions, customer service can be reached by email at contact@gariguettes.fr .

Responsibility

17.1 Website

Gariguettes undertakes to carry out regular checks to verify the operation and accessibility of the Site. As such, Gariguettes reserves the right to temporarily interrupt access to the Site for maintenance reasons. Likewise, Gariguettes cannot be held responsible for any temporary difficulties or impossibilities of access to the Site which originate from circumstances external to it, force majeure, or which are due to disruptions in telecommunications networks.

The connection of any person to the Site is done under their entire responsibility. It is up to the Customer to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.

17.2 Plant cures

Gariguettes does not provide the Customer with any guarantee as to the suitability of the Products to their needs, expectations, particularly in terms of taste or constraints. Gariguettes does not guarantee any results or effects from the use of the Products. Responsibility for the use of our products lies entirely with the Customer. Gariguettes cannot be held responsible for any claim, loss, damage or harm resulting from the use of its products.

17.2 Accessories

Gariguettes also offers a product supply service on its website as well as surprises in monthly boxes, but is in no way the designer, manufacturer or prescriber of these products. Therefore, Gariguettes cannot under any circumstances be held responsible in the event of bodily or/or immaterial and/or material damage that may result from the use of the products present in the box which are distributed under the sole responsibility of their manufacturers, and which are used under the sole responsibility of the Customer.

17.5 Ebook

We cannot guarantee the accuracy of the information provided in our ebooks. The information contained in our ebooks is provided for informational purposes only and should not be considered medical or professional advice. Readers are encouraged to consult a health care professional before making any decisions regarding their health or that of their baby.

By purchasing and using our ebooks, the Customer agrees to release Gariguettes, as well as its managers, employees, affiliates and suppliers, from any liability for any loss or damage, direct or indirect, resulting from the use of our ebooks. the ebook or any information contained therein.

Gariguettes cannot guarantee that the ebooks will be free of errors, viruses or other harmful elements. Gariguettes cannot be held responsible for damage caused to the Customer's computer or any other equipment resulting from the use of ebooks.

By purchasing and using the ebooks, the Customer agrees that any liability arising from the use of the ebook is limited to the purchase price of the ebook.

Gariguettes reserves the right to modify the terms and conditions of this liability clause at any time without notice. It is the Customer's responsibility to check this disclaimer regularly for updates.

17.6 Links and Third Party Sites

Gariguettes cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) which the Customer accesses via the Site.

Gariguettes assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own conditions of use.

Gariguettes is also not responsible for transactions between the Client and any advertiser, professional or merchant (including any partners) to whom the Client may be directed through the Site and cannot under any circumstances be a party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, the guarantees, declarations and any other obligations to which these third parties are bound.

17.7 Advertising

The Company reserves the right to insert on any page of the Site any advertising or promotional messages in a form and under conditions of which the Company will be the sole judge.

17.8 Obligations

Gariguettes cannot be held responsible for non-performance or delay in the performance of its obligations due to a case of force majeure or disruptions or total or partial strikes, particularly of postal services, carriers or means of communications.

In any event, the liability likely to be incurred by the Company hereunder is expressly limited to proven direct damage suffered by the Customer.

17.7 Deadline

Any complaint filed by a user, including any Customer, against Gariguettes must be made within 6 months following the occurrence of the event, the subject of the complaint.

Computing and freedom

The information and data collected by Gariguettes during any order from the Customer are necessary for order management and commercial relations.

They may be transmitted to companies that contribute to these relationships such as those responsible for the execution of services and orders for their management, execution, delivery, processing and payment, as well as to Gariguettes' commercial partners. This information and data are also kept for security purposes, in order to comply with legal and regulatory obligations and to allow Gariguettes to improve and personalize the services offered and the information sent. In accordance with the Data Protection Act, Customers have the right to access and rectify personal data concerning them. The Customer must write to contact@gariguettes.fr , indicating their surnames, first names and email address.

Depending on the choices made when creating or consulting their account, the Customer may receive offers electronically from Gariguettes, as well as from partner companies as indicated when creating the account. The Customer will also be able to benefit from diversified offers by post and for the purpose of developing trade between companies. Telephone contact details may be passed on to business partners.

If the Customer does not wish to be contacted, he has the possibility of registering on the list of opposition to telephone canvassing accessible on the Site www.bloctel.gouv.fr or of exercising his right of opposition with Gariguettes at the address contact@gariguettes.fr .

Gariguettes partners may send requests to the Client by post. The Customer may object at any time by exercising their right of opposition in accordance with this data protection policy with Gariguettes at the address contact@gariguettes.fr

Gariguettes reserves the right to use the statistics provided through the questionnaires that Customers have completed in order to improve its service and that of partner brands.

Communication between the Client and Gariguettes

By becoming a user of the Website, the Customer acknowledges that the exchanges between him and Gariguettes will be mainly electronic except in the specific cases presented in these General Conditions or required by law.

In particular, the Customer expressly accepts that invoices are sent to him by email.

The Customer contractually acknowledges that the information, notifications and contracts are in full compliance with the regulations in force.

It is understood between the parties that the choice of method of exchange constitutes an agreement on proof within the meaning of article 1316-2 of the Civil Code.

Continuity and transfer of contract rights and obligations

Contracts between the Client and Gariguettes and/or its successors and assigns are binding between the parties.

Contracts, rights and obligations of Customers cannot be assigned or transferred without prior written consent.

The contracts, rights and obligations of Gariguettes may be assigned or transferred at any time without the prior consent of the Client.

General

21.1 Partial non-validity

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

21.2 Non-waiver

The fact that one of the Parties does not rely on the other Party for a breach of any of the obligations referred to in these General Terms and Conditions cannot be interpreted for the future as a waiver of the obligation in question.

Mediation

22.1 Consumer mediator

Under Article L. 612-1 of the Consumer Code “Every consumer has the right to have free recourse to a consumer mediator with a view to amicably resolving the dispute between him and a professional”. This covers disputes of a contractual nature, relating to the execution of a sales contract, between a consumer and a professional.

In the event of difficulties, Gariguettes invites the Customer to contact its after-sales service first. In the event that the Customer's problem is not resolved, he may resort to the services of a mediator within one (1) year from receipt of his request by the after-sales service, with a view to extrajudicial settlement of the dispute. To this end, he can contact the CMAP either by completing the form on the CMAP website (www.mediateurconso.cmap.fr), or by sending an email to the following address: consommateurs@cmap.fr, or by sending a postal letter to the address CMAP – Consumer Mediation Service – 39 avenue Franklin Roosevelt – 75008 Paris.

22.2 European online dispute resolution (ODR) platform

In accordance with the provisions of Article 14 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013 relating to the online settlement of consumer disputes and Article L. 616-2 of the Code of consumption, the Customer is informed of the existence of a European platform for online dispute resolution (ODR) and of the possibility of using it. The electronic link to the platform is: https://ec.europa.eu/consumers/odr.

Litigation

In the event of a dispute between Gariguettes and the user, the parties will endeavor to find an amicable solution. Failing this, the French courts will have sole jurisdiction to resolve the dispute. These general conditions are subject to French law.