General terms and conditions of online sales to private consumers

Preamble

These general terms and conditions of sale apply to all sales concluded on the GRAINBOW website.

The grainbow.co.uk website is a service provided by:

The individual company Grainbow located at 14 impasse de l’étang 17340 chatelaillon plage, France website URL: grainbow.co.uk email: grainbowcoffee@gmail.com

The GRAINBOW website sells the following products: Coffee, syrup, accessories.

The customer declares to have read and accepted the general terms and conditions of sale prior to placing the order. The validation of the order therefore constitutes acceptance of the general terms and conditions of sale.

Article 1 – Principles

These general conditions express the entirety of the parties’ obligations. In this sense, the buyer is deemed to have accepted them without reservation.

These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the GRAINBOW website and shall prevail, if necessary, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are posted online.

If a sales condition were to be lacking, it would be considered to be governed by the customs in force in the distance selling sector in which companies have their registered office in France.

These general terms and conditions of sale are valid until March 1, 2025.

Article 2 – Content

These general conditions aim to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, through the GRAINBOW website.

These conditions only concern purchases made on the GRAINBOW site and delivered exclusively within mainland France or Corsica. For deliveries to the French overseas departments and territories or abroad, please send a message to the following email address: grainebowcoffee@gmail.com.

These purchases concern the following products: Coffee, syrup, accessories.

Article 15 – Right of Withdrawal

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, except for the return costs which remain the responsibility of the buyer.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.

Damaged, soiled, or incomplete products will not be accepted for return.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other means of withdrawal declaration is accepted. It must be unambiguous and express the intention to withdraw.

In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs will be refunded.

Return costs are the responsibility of the buyer.

Exchange (subject to availability) or refund will be made within 14 days from the receipt, by the seller, of the products returned by the buyer under the conditions provided above.

Exceptions

According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

  • for the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
  • for the supply of goods made to the consumer’s specifications or clearly personalized;
  • for the supply of goods liable to deteriorate or expire rapidly;
  • for the supply of sealed goods that cannot be returned for reasons of hygiene or health protection and were unsealed by the consumer after delivery;
  • for the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
  • for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
  • for urgent maintenance or repair work to be carried out at the consumer’s home and expressly requested by them, limited to spare parts and work strictly necessary to respond to the emergency;
  • for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
  • for the supply of a newspaper, periodical, or magazine, except for subscription contracts for these publications;
  • for the supply of digital content not provided on a physical medium, the execution of which has begun after the consumer’s prior express consent and express waiver of their right of withdrawal.

    Withdrawal Form

    To:

    Grainbow

    located at: 14 impasse de l’étang, 17340 Chatelaillon Plage

    email address: grainbowcoffee@gmail.com

    I hereby notify you of my withdrawal from the contract concerning [insert description of the product/service], ordered on [insert date of order].

    Consumer’s First Name and Last Name: [Your Name]

    Consumer’s Address: [Your Address]

    Date: [Date of Withdrawal]

    Consumer’s Signature

Consumer Code

Article L. 217-4: “The seller delivers a good that conforms to the contract and is liable for any lack of conformity existing at the time of delivery.

It also answers for any lack of conformity resulting from the packaging, assembly instructions, or installation when it was made the responsibility of the contract or was carried out under its responsibility.”

Article L. 217-5: “The good is in conformity with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

  • if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
  • if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or its representative, particularly in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller, and that the latter has accepted.”

Article L. 217-6: “The seller is not bound by the public statements of the producer or its representative if it is established that it did not know them and could not legitimately know them.”

Article L. 217-7: “Defects of conformity that appear within twenty-four months from the delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the good or the alleged lack of conformity.”

Article L. 217-8: “The buyer is entitled to demand conformity of the good to the contract. However, they cannot contest the conformity by invoking a defect that they knew or could not ignore when they contracted. The same applies when the defect originates from the materials they themselves supplied.”

Article L. 217-9: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer’s choice if it entails a manifestly disproportionate cost compared to the other method, given the value of the good or the significance of the defect. It must then proceed, unless impossible, according to the method not chosen by the buyer.”

Article L. 217-10: “If repair and replacement of the good are impossible, the buyer may return the good and be refunded or keep the good and be refunded part of the price. The same option is available to them: 1° If the solution requested, proposed, or agreed under Article L. 217-9 cannot be implemented within one month following the buyer’s complaint; 2° Or if this solution cannot be implemented without major inconvenience to them considering the nature of the good and the use they seek. However, the sale may not be rescinded if the lack of conformity is minor.”

Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 is at no cost to the buyer. These provisions do not preclude the award of damages.

Article L. 217-12: “The action resulting from the lack of conformity is time-barred two years from the delivery of the good.”

Article L. 217-13: “The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as provided in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognized by law.”

Article L. 217-14: “The recourse action can be exercised by the final seller against the successive sellers or intermediaries and the producer of the tangible movable, according to the principles of the Civil Code.”

Article L. 217-15: “The commercial guarantee refers to any contractual commitment of a professional towards the consumer to refund the purchase price, replace or repair the good, or provide any other service related to the good, in addition to its legal obligations to ensure the conformity of the good. The commercial guarantee is the subject of a written contract, of which a copy is given to the buyer. The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope, as well as the name and address of the guarantor. In addition, it clearly and precisely mentions that, regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code. The provisions of Articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are fully reproduced in the contract. In the event of non-compliance with these provisions, the guarantee remains valid. The buyer is entitled to invoke it.”

Article L. 217-16: “When the buyer requests the seller, during the course of the commercial guarantee granted to them upon acquisition or repair of a tangible movable, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer’s request for intervention or the availability for repair of the good in question, if this availability is subsequent to the request for intervention.”

Civil Code

Article 1641: “The seller is bound by the warranty on account of hidden defects in the thing sold that render it unfit for the use for which it is intended, or that diminish such use that the buyer would not have acquired it, or would have given a lesser price for it if they had known of them.”

Article 1648: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, under penalty of forfeiture, within one year from the date on which the seller can be relieved of the apparent defects or lack of conformity.”