GENERAL TERMS & CONDITIONS OF SALE
1. SUBJECT OF CONTRACT
These general conditions of sale define the rights and obligations of MISTER GREENZZLY and of the Customer in regards to the products presented by MISTER GREENZZLY on its website www.mistergreenzzlycom (hereinafter referred to as “the Site”). They apply exclusively between the company MISTER GREENZZLY, 2 route du lavoir 74200 Margencel and host at the business incubator 81 place de la mairie, 74550 Perrignier Siret: 840 803 712 00016 (hereinafter referred to as ” MISTER GREENZZLY “) and any physical human consumer visiting or making a purchase via the website itself (hereinafter referred to as “the Customer”).
On the Site, MISTER GREENZZLY allows the customer to order online products from the brand MISTER GREENZZLY (hereinafter referred to as “the Product(s)”) according to the present terms and conditions.
Any order placed via MISTER GREENZZLY therefore entails the unconditional acceptance by the Customer of these conditions. MISTER GREENZZLY reserves the right to modify the current general conditions at any time without notice; the applicable conditions are those in effect on the date of the order by the Customer.
The in effect general conditions of sale are available permanently via the following address: https://www.mistergreenzzly.com/en/general-conditions-of-sale in a digital format modified for printing and/or downloading, so that the Customer may reproduce or save them at any time.
2. PRODUCTS AND COMPLIANCE
2.1. The products on sale are presented on the website of MISTER GREENZZLY and accompanied by a description.
2.2.Products offered by MISTER GREENZZLY comply with the applicable standards in France.
Elements such as images, text, graphics and all the information and characteristics illustrating and/or accompanying the products are not contractual, which the Customeracknowledges.
As such, MISTER GREENZZLY does not incur any liability for error or omission of any of these items or in case of modification of said elements by suppliers and/or publishers.
3. CLIENT’S OBLIGATIONS
3.1. The Customer declares be at least 18 years of age and to have the legal capacity or hold parental permission allowing themselves to place an order on the Site.
3.2. The Customer undertakes to provide MISTER GREENZZLY elements of real and necessary information for the performance of the intended service of the present conditions as requested online and relevant to their situation, including a valid first name, last name, address, phone and email address.
The Customer is responsible for any consequences deriving from any false or inaccurate information transmitted in which the return might be unlawful.
3.3. Once the order has been placed, MISTER GREENZZLY addresses an email to the Customer confirming it. It informs of the sending of the Products.
3.4. The Customer may modify their personal information under the “My Account” section.
The prices displayed on the Site are indicated in Euros including French tax charges (French VAT and any taxes eventually applicable), excluding shipping costs, order processing costs and packaging costs.
The shipping costs, order processing costs and packaging costs will be included in the basket of the Customer, before final confirmation of the order.
Prices can be modified at any time without notice and especially in the event of change of tax or economic data. The items will be billed based on rates in effect at the time of registration of the order.
5. GIFT CARDS
Terms of usage of a Mr. Greenzzly gift card:
5.1. It is only valid on the website mistergreenzzly.com.
5.2. It cannot be transferred to third parties (any sum you do not use, will be lost).
5.3. Should the sum on your gift card be inferior to the sum total, you are to pay the difference.
5.4. The difference in the purchase with a gift card cannot be paid with another gift card.
5.5. A gift card is valid for one year after the date of issue.
6. ORDER MODALITY
4.1. All orders will be confirmed after acceptance of payment.
4.2. MISTER GREENZZLY reserves the right to cancel or refuse an order in case of dispute with the Customer on a previous order.
4.3. MISTER GREENZZLY can accept orders within the limits of available stocks. It informs the Customer of the availability of products sold on the Site at the time of order confirmation.
If, despite the vigilance of MISTER GREENZZLY, products are unavailable, MISTER GREENZZLY will inform the Customer by e-mail as soon as possible. The Customer may then cancel the order and refund, if applicable, the amounts already paid.
The permanent or temporary unavailability does not in any way engage the responsibility of MISTER GREENZZLY, nor does it imply any right to compensation or damages in favour of the Client.
7. PAYMENT MODALITY
Full payment must be made when placing an order. At no time may payments be considered as a deposit or instalments. Customers can pay their order by credit card (Visa, Eurocard/MasterCard, American Express), in accordance with the provisions of this Article.
For all transactions, the Customer will indicate the number on the front of the card, the expiration date of the card and the security code on the back of the card (last three digits).
The communication by the Customer of his or her credit card number is authorization for MISTER GREENZZLY to debit its account by the amount of the order.
No sending of cash on delivery will be accepted, whatever the reason.
MISTER GREENZZLY retains ownership of the item until full payment by the Customer has been made. Purchases are made in a secure manner. Payment solutions adopted MISTER GREENZZLY are 100% secure. For payments by a banking card (credit card, visa and mastercard), all the information that Customers communicate with MISTER GREENZZLY are strictly protected and guarantee the accuracy and security of each transaction.
8. DELIVERY MODALITY
MISTER GREENZZLY delivers its products within France and to all countries of the European Union and can deliver on demand to any country worldwide.
Products are shipped with the delivery form to the shipping address provided by the customer when ordering. The delivery cannot be made to hotels or PO boxes. The delivery times indicated on the site are target dates, corresponding to the average processing time and delivery. So that these deadlines are respected, the Customer must ensure that you have provided complete and accurate information concerning the delivery address (such as including: street number, building, stairs, access codes, names and/or interphone numbers, etc.).
In case of late delivery of more than 10 working days, if the product has not been shipped, the Customer may terminate the order by registered letter with acknowledgment of receipt and request a refund of his order.
If the item was shipped before receiving the order cancellation for late delivery of more than 10 days, MISTER GREENZZLY will refund the item and shipping charges upon receipt thereof, complete in its original condition and with all labels intact.
MISTER GREENZZLY undertakes to inform the Customer of the evolution of the order processing.
In case of damaged delivery (already open, missing products…), the Customer shall notify the carrier and MISTER GREENZZLY, by any means, under all reserve within 3 days of receipt of the product.
MISTER GREENZZLY cannot be held responsible for consequences due to delayed delivery that are not of their making.
9. RETURNS OF PRODUCTS MODALITY
RIGHT OF RETRACTION
Within twenty eight (28) days from receipt of the order, the customer may request MISTER GREENZZLY to return the product(s).
To do this, the Customer must send an email to contact@mistergreenzzly with the reasons for the return of his product and receive the link back if the conditions are met. From France, a prepaid return label service is offered.
In the case of a return from a country other than France, the Customer must return at its expense the Product (s) except in the case where it would have received a product with a manufacturing defect or not corresponding to the initial order of the Customer.
However, if the customer had received free delivery for the initial delivery, the shipping fees to return items are to be taken charge of by the Customer.
The return is at the risk of the Customer. The Product must be returned within 30 days, in its original condition, new, unworn, unwashed, accompanied by the return notice, to the following address:
MISTER GREENZZLY SAS
81 place de la mairie
If the item is not returned by the Customer within one week after receipt of the postage label, the return is considered cancelled and the Customer must keep the product.
The returned Product will be refunded within a maximum of thirty (30) days of its receipt by MISTER GREENZZLY by a credit of the amount to be reimbursed to the bank account of the Customer.
The return costs are to be borne by the customer unless MISTER GREENZZLY delivered a damaged or different item from the item ordered, or if the Customer had not benefited from free delivery at the initial delivery.
Upon non-compliance by the Customer of these conditions, notably of the conditions of return, MISTER GREENZZLY will not proceed with the refund for the Products concerned.
10. GUARANTEES AND RESPONSIBILITY
10.1. MISTER GREENZZLY only has, for all stages of access to the site, the ordering process for the shipping of the package or subsequent services, an obligation of means. The responsibility of MISTER GREENZZLY cannot be engaged for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or presence of computer viruses or any other incident of force majeure, according to law and jurisprudence.
10.2. MISTER GREENZZLY agrees to only use the confidential information of its Customers in the case of operation of its website.
In order to effectuate the successful processing of an order, the nominative data collected will be subject to a data processing, of which the Customer acknowledges having knowledge.
As such, the information may be disclosed to the technical providers of MISTER GREENZZLY.
Moreover, MISTER GREENZZLY is able to apply technical means in order to obtain non-personal information about users in order to improve the functionality of the site, for example by plotting the number of visitors to certain pages.
According to the law of 6 January 1978 amended by the Act of 6 August 2004, the Customer has a right to access and correct personal data in the files of MISTER GREENZZLY. All requests must be sent by email to: firstname.lastname@example.org or by mail to the following address: MISTER GREENZZLY, 81 place de la mairie, 74550, Perrignier, FRANCE.
11. INTELLECTUAL PROPERTY CLAUSE
In no case the customer is allowed to download or modify all or part of the Site and its contents (listed products, descriptions, images, videos …).
This Site or any portion of this Site shall in no case be reproduced, copied, sold or exploited for commercial purposes without the express written permission of MISTER GREENZZLY.
In general, all copyrights, trademarks and other distinctive signs and property rights or intellectual property appearing on the Site, will remain the full property of MISTER GREENZZLY.
The Customer is therefore obliged to respect intellectual property rights and will not in any way use the trademarks appearing on the Site and on the Products in any eventuality, or deposit a trademark that would prejudice the rights of the owner, unless otherwise stated by contract.
It is the same for any other right of intellectual property.
12. FORCE MAJEURE
In the event of a force majeure event, the party concerned shall notify the other within fifteen (15) days from the occurrence of the event by registered letter with acknowledgment of receipt.
Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the course of jurisprudence and French courts, total or partial strikes, lockouts, riots, boycotts or other actions in industrial or disputes commercial, civil disturbance, insurrection, war, bad weather, epidemics, blockage of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal changes or regulatory forms of marketing, computer failure, telecommunications blocking, including wired and wireless telecommunications networks, and other cases independent of the will of the parties preventing normal execution of the contractual relationship.
All obligations of the parties shall be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned shall be terminated automatically without indemnity to one or other of the parties.
13. GENERAL PROVISIONS
13.1. NON PARTIAL VALIDITY OF CLAUSE
If any provision of these present conditions is declared invalid or unenforceable by a competent court, it will be declared unwritten and will not result in the nullity of other stipulations.
These general conditions can be modified at any time without notice by MISTER GREENZZLY, the applicable conditions are those in effect on the date of the order by the Customer.
These general conditions of sale are available permanently at the following address: https://www.mistergreenzzly.com/en/general-conditions-of-sale/ in a digital format modified for printing and/or downloading, so the Customer may reproduce or save them at any time.
13.3. APPLICABLE LAW – JURISDICTION
These general conditions are subject to French law concerning the substantive rules as the rules of form. Any dispute will be subject to a preliminary attempt at an amicable settlement.
In the absence of an amicable settlement, jurisdiction is given to the competent French courts, notwithstanding multiple defendants or introduction of third parties.
13.4. : REPRODUCTION OF THE APPLICABLE PROVISIONS (2005-136 ORDER OF 17 FEBRUARY 2005, CODE OF CONSUMPTION, CIVIL CODE)
Art. L. 211-4. of the Consumer Code
The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery. It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put in his or her charge by the contract or was carried out under his or her responsibility.
Art. L. 211-5. of the Consumer Code
– To comply with the contract, the good must:
- Be suitable for the purpose typically expected of a similar property and, where applicable:
– correspond to the description given by the seller and possess the qualities that he has presented to the Customer as a sample or model;
– present the features that a customer can reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
- Or have the features defined by mutual agreement by the parties or be suitable for any special requirement of the customer, made known to the seller and to which the latter agreed.
Art. L. 211-12. of the Consumer Code
The action resulting from lack of conformity lapses two years after delivery of the goods.
Art. 1641 of the Civil Code
The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the customer would not have acquired, or would have paid a lower price if he had known.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought to suit by the purchaser within two years after discovery of the defect.
You can contact the MISTER GREENZZLY by phone at +33 (0)9 83 23 60 61.
GENERAL CONDITIONS OF THE “GREENZZLY CLAW” FIDELITY PROGRAM
The loyalty program “claw Greenzzly” (hereinafter the “loyalty program”) is developed and implemented by the company Greenzzly, SAS with a capital of 2,000 euros whose registered office is at 2 route du lavoir 74200 margencel and host at the business incubator at 81 Place de la Mairie 74550 Perrignier, registered in the trade and companies register of Thonon les Bains under number 840 803 712 and whose VAT number is FR 62 840 803 712.
This loyalty program is offered to all customers with an e-mail address, individuals individuals major (hereinafter the “customer”), creating a personal account and / or making purchases on the site mistergreenzzly.com.
The purpose of this document is to determine the general terms and conditions of the loyalty program offered by MISTER GREENZZLY to its customers, enabling them to accumulate loyalty points entitling them to benefits.
All customers are deemed to have read and accepted in their entirety, without condition or reservation, these terms and conditions.
3. ACCESSION TO THE LOYALTY PROGRAM
Membership in the loyalty program is automatic once the customer has created an account or made a purchase on the mistergreenzzly.com website.
This membership is open to all natural persons with an e-mail address. Legal entities can not join the program.
Membership in the “claw Greenzzly” loyalty program is completely free and without obligation or commitment of any kind from the customer.
4. OPERATION OF THE LOYALTY PROGRAM
4.1. Gain and accumulation of loyalty points by the customer
Each customer benefits from a personal account, managed by the company MISTER GREENZZLY, and on which are credited loyalty points earned by the customer.
This account allows the customer to earn and accumulate loyalty points during his various orders. These loyalty points allow you to benefit from the benefits offered to customers as part of the loyalty program.
Earnings and points accumulate upon joining the loyalty program (Article 3).
Loyalty points can be earned and accumulated in 2 ways:
- a) at each purchase according to the amount of the purchase actually paid by the customer according to the following scale: 10 euros of purchase TTC = 1 Greenzzly claw. These points are credited from the date of confirmation of the order by Mr. Greenzzly.
- b) from time to time in exceptional commercial and / or promotional operations. The loyalty points thus earned are credited to the customer’s account at the time of confirmation of the order by Mr. Greenzzly or directly by the company MISTER GREENZZLY.
4.2. Track the number of earned and accumulated loyalty points
The balance of points earned and accumulated by the customer is available in his account on the site mistergreenzzly.com.
4.3. Duration and conditions of validity of loyalty points
The period of validity of each loyalty point is 6 months sliding from the purchase that allowed to obtain the point.
In case of modification by the customer of his order (exchange, modification or refund), it will be done by the company MISTER GREENZZLY to a refresh of the account of the customer, which will be debited or credited respecting the following scale: 10 euros of purchase TTC = 1 Greenzzly claw.
Any purchase made by the customer with a credit will not give rise to the accumulation of points corresponding to the amount of credit.
4.4. Using customer loyalty points
The loyalty points allow to benefit, within the limit of their validity, discounts valid at the next purchase on the site mistergreenzzly.com according to the following scale : 10 Greenzzly claws = 1 € discount.
MISTER GREENZZLY can not be held responsible for any damage or loss of any kind whatsoever resulting directly or indirectly from any anomalies related to the loyalty program, any damage or prejudice that may occur during the period of enjoyment of the benefits offered. to the client as part of the program and because of their use.
MISTER GREENZZLY can not be held responsible in case of internet connection problem delaying or preventing the fulfillment of the obligations for which it is responsible as part of the loyalty program.
Although MISTER GREENZZLY has made sure that all information provided by the customer is correct, Mr. Greenzzly can not be held responsible for errors in the content of information or their possible consequences.
MISTER GREENZZLY will not be held responsible for any fraudulent use of a customer account.
6. MODIFICATION AND STOP OF THE PROGRAM
The company MISTER GREENZZLY reserves the right to change the conditions of membership, operation of the loyalty program, modify the terms, scales and / or benefits of the program and to end the loyalty program at any time subject to inform the members on the site in advance, subject to a one (1) month notice.
In case of termination of the loyalty program, the accumulated points will lapse on the day of the effective date of termination of the loyalty program.
MISTER GREENZZLY can not be held responsible for losses, costs and / or any other damage or damage caused directly or indirectly by changes or discontinuation of the loyalty program. No modification or cancellation of the program will entitle you to any compensation for the customer.
7. CHANGE OF CUSTOMER COORDINATES
Any change of address, name, or any indication that may be necessary should be notified as soon as possible to the company MISTER GREENZZLY from the customer account on the site mistergreenzzly.com.
The customer guarantees the accuracy of all information provided and will be solely responsible for any erroneous, incomplete or obsolete information.
Any change of contact details must also be reported by the customer so that he can continue to enjoy the benefits of the loyalty program.
8. COMPUTER LAW AND FREEDOM
Personal information collected as part of the “Greenzzly Claws” program will be processed by Mr. Greenzzly for customer relationship management purposes.
In accordance with the Data Protection Act of January 6, 1978, updated by the law of August 6, 2004, the Member has a right of access, rectification and opposition to data concerning him. To exercise this right, he may send a letter to the following address:
– by telephone: +33 (0)9 83 23 60 61 (cost of a local call), Mondays, Tuesdays, Thursdays and Fridays from 9am to 4pm
– by e-mail, using the following form: https://mistergreenzzly.com/contact
9. APPLICABLE LAW AND JURISDICTIONAL JURISDICTION
Any dispute relating to the interpretation or execution of these terms and conditions is subject exclusively to French law and the jurisdiction of the courts of Paris.