GENERAL TERMS AND CONDITIONS OF SALES
You are currently connected to the www.gpgrant.com website (hereinafter "the Site") or have been redirected to the said Site dedicated to the online sale of items and products branded G.P.Grant and/or distributed by the company G.P.Grant or one of its subsidiaries or partner companies.
The company owner of intellectual property is:
G.P.GRANT GmbH, whose registered office is located at Grienbachstrasse 11 (c/o Meier Partner Tax AG), CH-6300 Zug, Switzerland.
Company Number (Company Registration Number): CH-170.4.012.249-9
UID (Unternehmens-Identifikationsnummer): CHE-394.459.347
The global trading company:
STARPOINT TRADING LIMITED, whose registered office is located at Suite 1802, Lippo Centre Tower One, 89 Queensway, Admiralty, Hong Kong.
Company Registration Number: 875678., e-mail: firstname.lastname@example.org.
The Site is the property of the company G.P.Grant GmbH (Switzerland).
The global logistics company is:
Company Number/C.I.F. (Código de Identificación Fiscal): B55056394
The present General Terms and Conditions of Sale are concluded on the one hand by the STARPOINT TRADING LIMITED hereinafter referred to as " Seller ", GREGR SPAIN hereinafter referred to as " Supplier", and on the other hand, by any individual or legal entity wishing to make a purchase via the Website of "G.P.Grant " hereinafter referred to as the " Customer ".
The present General Terms and Conditions of Sale are the property of the company STARPOINT TRADING LIMITED, Site Publisher. Consequently, and without this list being exhaustive, any distribution, exploitation, representation, reproduction, adaptation or use, in whole or in part, on any medium, of these General Terms and Conditions for purposes other than those strictly related to this Contract is subject to the prior authorisation of STARPOINT TRADING LIMITED. In the absence of such authorisation, the offender shall be liable to incrimination and criminal and civil proceedings as provided for by law.
The present general terms and conditions of sale (GCS) can be unilaterally modified at any time by the company STARPOINT TRADING LIMITED, the version that can be viewed online at the time of the sale being the only one that can be enforced. These General Terms and Conditions of Sale will prevail over any other conditions appearing in any other document, unless prior, express and written exemption.
Article 1 - Purpose
The present general conditions of sale govern the transactions carried out through the Site for the benefit of individual Customers only, to the exclusion of any professional or unauthorised reseller, and provided that the Customers are domiciled in a territorial area covered by the delivery service contractually linked to the Seller or to the companies that the latter may substitute for the circumstance.
Article 2 - Acceptance of the GTC
2.1 Sales made through the Site may be made by telephone call from the Customer on the dedicated number +41 43 508 28 28, +34 937 372 037. The Customer irrevocably acknowledges having accepted without restriction or reservation the present General Terms and Conditions of Sale, the confirmation of the order by the Customer implies full acceptance of the said General Terms and Conditions of Sale. This constitutes an essential condition of the Sellers's agreement to the sale in question.
2.2 For sales made directly online, the customer declares having read these general terms and conditions of sale before placing the order. The validation of his order is thus worth acceptance without restriction or reserve of the present general terms and conditions of sale.
Article 3 - Selection of Articles
The Site operates a selection of articles and products offered for sale by the +41 43 508 28 28 company's distance selling module.
However, it is agreed that the photographs, graphics and descriptions of the articles and products sold are only indicative and do not in any way commit the company STARPOINT TRADING LIMITED. Thus, in the event of a manifest error between the characteristics of the articles and their representation, the company STARPOINT TRADING LIMITED cannot be held liable.
Article 4 - Concretization of the sale
4.1 Purchase by telephone
The Customer may place an order with the company STARPOINT TRADING LIMITED by contacting it on the dedicated telephone number +41 43 508 28 28 , +34 937 372 037 or on any of the telephone numbers indicated on the Site from Monday to Friday during normal office hours, i.e. from 9.30am to 6pm, except on public holidays.
4.2 Online purchase
The Customer may place an order on the Site by following the indications and instructions posted online. In particular, he must:
- fill in the identification form on which he will indicate all the contact details requested or give his customer number if he has one;
- fill in the online order form giving all the references of the products or services chosen;
- validate his order after having checked it;
- make payment under the conditions provided;
- confirm his order and payment.
The sale will be considered final after sending the customer confirmation of his order by email detailing its contents. As sales are made within the limits of available stocks, only the items shipped will be debited with transport costs.
As part of the fight against fraud on the Internet, information relating to the Customer's order may be transmitted to any third party for verification.
4.3 Refusal of orders
The Seller shall be entitled to refuse any abnormal order or order placed in bad faith. The same shall apply to orders placed with a customer who is already a debtor or with whom Seller or its licensors or licensees are in breach of the law.
Article 5 - Item prices
The prices indicated on the site are net prices, ex-workshop, whatever the country of destination of the purchaser.
No discount shall be applied to taxes, duties or other services which, pursuant to French regulations or those of an importing or transit country, are payable by the purchaser.
Article 6 - Terms of payment
Payment must be made when the Customer places the order. At no time can the sums paid be considered as a deposit or advance payment. All orders are payable in euros, dollars, Hong Kong dollars or Swiss franks and cash.
Payment is made:
- by bank transfer
- by PAYPAL. The customer must be in possession of a PAYPAL account to obtain all the security inherent to this means of payment
- accepting credit/debit cards, secure payments provided by Stripe, Inc.
- accepting AliPay, secure payments provided by Stripe, Inc.
The Customer guarantees to Seller that he has the authorizations that may be necessary to use the payment method when registering the order form. The Seller 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 a payment incident.
Article 7 - Delivery
The products will be delivered by the Supplier to the address indicated by the Customer on the order form, which can only be in the agreed geographical area, i.e. the ENVIA.COM parcel distribution network. By default, invoices are sent to the courier address indicated by the Customer at the time of registration.
For reasons of availability and stock, an order containing several articles may, if necessary, be delivered to the Customer in several installments. In this case, the Customer shall pay the delivery costs only once. If the Customer wishes to have deliveries to several different locations, he will have to place as many orders as there are delivery locations chosen. In this case, each order will give rise to the invoicing of the required delivery costs.
Failure by the Customer to comply with its obligations under the present chapter "Delivery" shall automatically result in the exclusion of the liability of the company STARPOINT TRADING LIMITED in the event of damage declared by the Customer.
7.2 Characteristics of the delivery by ENVIA.COM (TENDENCYS LOGISTICS ESPAÑA, S.L., NIF B02717973, Edificio Mirador, Calle Orense 12, Piso 1 Oficina 2, 28050, Madrid, España.)
The Customer is delivered to his home address by the ENVIA.COM delivery person and electronically signs an acknowledgement of receipt. In case of absence, the Customer or the recipient of the ordered product receives a delivery notice, which allows him to contact the carrier to arrange another delivery day.
The Customer is required to check in the presence of the deliveryman the condition of the parcel and the number of parcels delivered. In case of doubt, he is required to refuse the package and report these incidents to Seller.
7.3 Delivery times
Subject to stock availability and the processing of the Customer's order, the indicative delivery times after order validation are as follows:
- ENVIA.COM: 3 to 4 working days from the delivery of the parcel
A delay in delivery can, under no circumstances, give the right to cancel orders in progress, and no compensation or penalty for late delivery, whatever the causes, importance and direct or indirect consequences, can be claimed. More specifically, the Seller cannot be held responsible for delays in delivery attributable to the carrier or for any other event of force majeure. In particular, are considered as cases of force majeure discharging the Seller from its obligation to deliver and more generally from any liability: lockout, strikes, accidents or manufacturing delays at the manufacturer's, war, riot, fire, flood, water damage, storm, lightning, requisition, decision of any authority whatsoever, impossibility to be supplied with raw materials or finished products, failure or delay in the transport of the Products, or more generally in the event of the occurrence of an event beyond the control of the Seller.
In the absence of delivery at the end of this period, the Customer will have the possibility to cancel his order. The sums paid by the Customer will then be returned to him without delay, to the exclusion of any other compensation.
In the event of a delay in delivery in relation to the date initially set, Customer must notify Seller in writing (mail, fax, e-mail) at the contact details given in these GCS in order to participate in the improvement of the quality of service that may be offered and to enable Seller to make an enquiry with the carrier.
An investigation with the carrier can take up to 21 working days. If during this period, the product is found, it will be immediately re-routed to the delivery place indicated in the order form.
On the other hand, if the product ordered is not found at the end of this 21-day investigation period, the Seller will proceed at its own expense with a new shipment of the products ordered by Customer.
Payment must be made at the time of the order by the Customer. At no time can the sums paid be considered as a deposit or advance payment.
All orders are payable in euros, dollars, Honk Kong dollars and Swiss franks.
In the event that the product ordered is then no longer available, the Customer will be offered to choose an item of the same value. Failing this, the Customer may benefit from a credit note allowing him to renew his order at a later date, in particular when the stock allows him to honour his order. Delivery costs will however be charged to the Customer.
7.5 Return of Products
For return of products see Return Policy
Article 8 - Claims / information
For any information, complaint or question relating to the conditions of mail order sales set up by the company Seller or to the articles themselves, customers should contact the Customer Service department of the Seller mentioned at the top of these terms and conditions, either by telephone or by e-mail, quoting their order number if necessary.
Article 9 - Protection of privacy
The company STARPOINT TRADING LIMITED has set up an electronic file which records certain personal data relating to its customers. At the time of an order placed through the distance selling module by any new customer, this database will be enriched with information concerning the customer, which will subsequently enable STARPOINT TRADING LIMITED to better meet its expectations and facilitate assistance services.
In the event that the customer consents to the communication of individual data of a personal nature, he will then have the individual right of access, withdrawal and rectification provided for by law and may in this respect have any information concerning him that is no longer relevant deleted, by making a written request to the company STARPOINT TRADING LIMITED, at the address mentioned in the previous article.
Depending on the choices made when creating or consulting their accounts on the Internet, customers may choose whether they wish to receive offers from Seller, or be informed of particular transactions. If a customer no longer wishes to receive these offers, they may at any time request this by clicking on an available electronic link which will be communicated to them by e-mail, or by modifying their account directly on the Site.
Article 10 - Intellectual property rights
All elements of the Site are and remain the intellectual property of the company G.P.GRANT GmbH in that it is the holder of the rights or duly authorized. No one is authorized to reproduce, exploit, redistribute or use for any purpose whatsoever, even partially, elements of the Site, whether software, visual, sound, text or technical. Any single link or hypertext link is strictly forbidden without the express written consent of G.P.GRANT GmbH.
The figurative or verbal " G.P.GRANT trademarks" as well as the illustrations, images and logos appearing on the articles marketed by G.P.GRANT, their accessories or packaging, whether registered or not, are and will remain the exclusive property of G.P.GRANT GmbH, the licensor of G.P.GRANT, the latter being duly authorized to use the said elements for the realization of its object. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior agreement of G.P.GRANT GmbH, is strictly forbidden. The same applies to any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo. The same shall apply to all copyrights, designs and models, and patents which are the property of G.P.GRANT GmbH.
Article 11 - Force majeure
The execution by the Seller of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution.
In particular, are considered as cases of force majeure discharging the Seller from its obligation to deliver and more generally from any liability, ipso jure and without formality: lockout, strikes, accidents or manufacturing delays at the manufacturer's, war, riot, fire, flood, water damage, storm, lightning, requisition, decision of any authority whatsoever, impossibility to be supplied with raw materials or finished products, failure or delay in the transport of the Products, or more generally in the event of the occurrence of an event beyond the control of the Seller.
The Seller will inform the customer of a similar fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension would continue beyond a period of fifteen days, the customer would then have the possibility of cancelling the order in progress, and it would then be proceeded to its refunding under the conditions stated in the present GCS.
Article 12 - Retention of title
The Seller retains full and complete ownership of the products sold until full payment of the price, in principal, costs and taxes included.
Article 13 - Liability
It is expressly agreed that the company the Seller can not be held liable for breach of contract in case of stock shortage or unavailability of the product due to a case of force majeure as defined in these Terms and Conditions.
The information given by the Customer, when taking an order, is binding on the Customer: in the event of an error in the wording of the recipient's details, the seller cannot be held responsible for the impossibility of delivering the product.
The Seller cannot be held responsible for any indirect damages that may arise from the purchase of the articles or products. Similarly, the Seller cannot be held responsible for any loss of data, files. It is up to the Customer to make all necessary backups.
The Site also contains information from third parties and links to other Internet sites; Seller shall not be liable for any damages resulting from the use of, access to, or inability to use such third party information or the content of other Internet sites.
The Seller cannot be held responsible for damages of any kind, whether material, immaterial or corporal, which could result from a malfunction or misuse of the products marketed. It is the same for possible modifications of the products resulting from the manufacturers.
If the liability of the Seller were to be retained following the non-execution or poor execution of its services, the total compensation could not, by express agreement, exceed an amount equal to the duly cashed price of the article or Product that is the cause of the damage. In any event, Seller may in no way be held liable for all or part of the indirect prejudice suffered by the plaintiff.
Article 14 - Partial invalidity
If one or more stipulations of the present General Terms and Conditions of Sale 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 scope.
Article 15 - Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these General Terms and Conditions of Sale shall not be interpreted for the future as a waiver of the obligation in question.
Article 16 - Disputes
In the event of difficulties in the application of this contract, the Customer has the possibility, before any legal action, to seek an amicable solution, in particular with the help of a professional association in the sector, a consumer association or any other counsel of his choice.
It is recalled that the search for an amicable solution does not interrupt the "short period" of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that as a general rule and subject to the discretion of the Courts, compliance with the provisions of this contract relating to the contractual guarantee assumes that the buyer honours his financial commitments to the seller.
Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in the person who takes the trouble to explain his or her situation. In the event of a dispute, the customer will first contact the Seller to obtain an amicable solution.
It is only in the absence of an amicable agreement that the dissatisfied customer may refer the matter to the competent court in Hong Kong, applying Hong Kong law, even in the case of multiple defendants.