1. General provisions
1.1
These Terms and Conditions apply to all sales of Engrano products made through the “Engrano” website.
1.2
The sale of the Products covered by these General Terms and Conditions is reserved exclusively for consumers (“Customers” or “Client”) who are natural persons not acting in the course of a commercial or professional activity and who are over 18 years of age.
1.3
The language in which a sales contract may be concluded via this website is French.
1.4
Customers must carefully read these General Terms and Conditions, which can be consulted on the website so that they can be read, kept and reproduced. A copy of the General Terms and Conditions will be sent to the Customer by Engrano in accordance with article 5.10 below. Sales contracts executed with Customers will be archived by Engrano for the retention period prescribed by the applicable laws.
2. Supplier identification
2.1
The supplier is Engrano, whose registered office is at
2220 Route des Caritat, 26110 Condorcet, France
email: info@engrano.fr
VAT number: FR63977850809
CoC number (SIREN): 977850809
3. Product information and availability
3.1
The Website provides information on the Products (including the relevant Product codes) and the applicable prices.
3.2
Engrano reserves the right, at any time, to limit the quantities and/or types of Products available from its website. The style, models and colours of the Products described on the website are subject to change without notice. During the purchase process, an automatic response message will inform the Customer that the order cannot be processed due to the unavailability of the Product ordered; Engrano is not liable to the Customer for the unavailability of the Product before the contract has been concluded.
3.3
The maximum number of copies of each Product that may be included by the Customer in its order proposal can be limited by the supplier.
3.4
Under no circumstances can Engrano be held responsible for errors occurring as a result of a fault in the Customer’s connection to the website.
4. Prices
4.1
The prices of the Products shown on the Website are quoted in Euros, and include all applicable taxes and charges. Delivery charges, if any, must be added to the price of the Products and will be indicated separately on the order form, in accordance with the principles laid down by the applicable laws.
4.2
Engrano regularly checks the accuracy of the prices of Products on the Website; however, Engrano cannot guarantee that the Website is error-free. In the event that a pricing error is detected, Engrano shall refuse the order and offer the Customer the opportunity to purchase the Product at the correct price. If the error is detected after the order has been accepted, Engrano will also give the Customer the opportunity to cancel the order.
5. Delivery of the contract
5.1
The essential characteristics and price of each Product are displayed on the Website. The information displayed on the website does not in any way represent an offer by Engrano .
5.2
Before placing an order via the Website, the Customer must carefully read all the instructions communicated to him/her during the purchase procedure (including any delivery charges, the conditions of the right of withdrawal and the policy on the protection of personal data), as well as these General Terms and Conditions.
5.3
To purchase Products, the Customer must (i) include the selected Products in the shopping basket by clicking on the corresponding button, (ii) complete the order form, (iii) choose the payment method, (iv) accept the General Terms and Conditions and (v) send the order proposal to Engrano via the Website
5.4
Sending the order constituting a proposal to purchase the Products selected, subject to these General Terms and Conditions, and is binding on the Customer, subject to the right of withdrawal provided for in article 10. The sending of the order proposal by the Customer entails the latter’s obligation to pay the price of the Products ordered.
5.5
Any error or change in the data entered by the Customer in the order proposal may be validated by the Customer by following the process described on the Website before sending the order proposal (for example: the Customer may decide to modify the quantity of Products he/she wishes to purchase by adding or removing one or more items from his/her shopping basket).
5.6
The order proposal and Customer data relating to the order proposal will be retained by Engrano for the period required under applicable law, as set out in the Privacy Policy.
Engrano may refuse any order proposal within 30 days of receipt of said proposal. In this case, no consideration will be due by the Customer to Engrano. Engrano may refuse an order proposal in the following cases (by way of example, but without limitation): (i) the Products are not available (subject to the provisions of article 3.3); or (ii) Activities that are declared or suspected to be unlawful or fraudulent, including suspected purchases made for commercial purposes; or (iii) The Customer has failed to fulfil its obligations under any previous contract with Engrano.
5.8
The contract between Engrano and the Customer is concluded upon receipt by the Customer of Engrano’s acceptance of the proposed order (“Order Confirmation”). Acceptance (or refusal) by Engrano must be communicated to the Customer by e-mail to the address communicated by the Customer in the order proposal.
5.9
If one or more of the Products is unavailable, the Customer will receive an e-mail informing him/her, as appropriate, of the unavailability of the Products. In this case, the proposed order will be cancelled or partially accepted only for Products that are available. In the event of partial acceptance, the Customer must pay (or will be debited, if paying by credit card) only the price of the Products available.
5.10
In accordance with the provisions of article L.121-19-1 of the French Consumer Code as described below, the Order Confirmation will include a summary of the essential characteristics of the Products purchased, a detailed indication of the price and methods of payment, information on delivery costs, where applicable, information concerning the Contact at Engrano, information on the conditions and methods for exercising the right of withdrawal, including information on the exclusion of the right of withdrawal for personalised Products, the address to which complaints may be sent, and information on after-sales services and existing commercial conditions (where applicable). It will also contain a copy of these General Terms and Conditions.
5.11
Once the Order Confirmation has been sent to the Customer, the order can no longer be cancelled or modified. However, Products sent may be returned as indicated in article 10 below.
5.12
The risks of loss or damage in respect of the Products are transferred to the Customer when the Customer (or a third party indicated by the Customer and other than the carrier) has acquired physical possession of the Product.
6. Payment method
6.1
Payment of the price of the Products included in the order proposal, as well as any applicable taxes and delivery charges, where applicable, must be paid by the Customer by Means of Payment.
6.2
Engrano accepts the following credit cards: …..
6.3
Transactions will be debited from the Customer’s credit card only after: (i) credit card details have been verified; (ii) authorisation to debit the card has been received from the issuer of the card used by the Customer; and (iii) the availability of the Products has been confirmed by Engrano.
6.4
In certain cases (such as, for example, the purchase of customised Products), which will be notified to the Customer before the latter can submit the order proposal, the transaction will only be debited from the Customer’s credit card after : (i) the credit card details have been verified; and (ii) authorisation to debit the card will have been received from the issuer of the card used by the Customer.
6.5
Subject to the provisions of article 6.4, no debit will be made at the time of transmission of the order proposal, with the exception of any temporary charges required to check the validity of the credit card. It is understood that once the order has been completed, the said temporary charges will be cancelled and replaced by the amount payable by the Customer. In addition, if the order is cancelled, these temporary charges will also be permanently cancelled.
6.6
If, for any reason whatsoever, it is impossible to debit the amount payable by the Customer (or to obtain the amount due available in Engrano’s bank account in the case of a bank transfer) within the specified time (see point 6.6 above), the contract will not be fulfilled and the order will be cancelled.
6.7
For each order, Engrano shall send the Customer an invoice for the Products by e-mail or by post, in accordance with the applicable law or regulation. The invoice will be drawn up according to the information provided by the Customer at the time of the order. No changes may be made to the invoice once it has been issued.
7. Transport and delivery
7.1
The Products purchased will be delivered on working days by a delivery service chosen by Engrano (hereinafter the “Delivery Service”). The Products will be delivered to the address given by the Customer in the order proposal.
7.2
Except in the event of force majeure or unforeseeable circumstances, the Products purchased will be delivered within 14 days of the date indicated on the Order Confirmation. If delivery has not taken place within the period specified above, the Customer may cancel the Contract and Engrano shall, without undue delay, refund any sums paid under the Contract.
7.3
Upon delivery of the Products by the Delivery Service, the Customer (or a designated representative) shall: (i) ensure that the number of items delivered corresponds to that indicated on the delivery note; (ii) ensure that the packaging and seals are intact, undamaged or have not been wetted or tampered with in any way; (iii) sign the delivery receipt; and (iv) if requested by the Delivery Service, show proof of identity. Any damage to the packaging and/or the Product, or any discrepancies between the number of items and the supporting documents, must be immediately indicated in writing on the Delivery Service’s delivery receipt. Subject to any provisions to the contrary in the applicable laws, once the Delivery Service document has been signed and no objection has been raised by the Customer, the Customer may no longer raise any objections with regard to the external characteristics of the package delivered, it being understood that the Customer is recognised as having the right to subsequently raise objections in relation to other characteristics associated with the Products in accordance with the conditions set out in article 13 below.
7.4
Delivery costs, where applicable, will be covered by the Customer and will be mentioned separately on the order form and on the invoice.
8. Sending and delivery confirmation
8.1
Engrano shall send the Customer a dispatch confirmation email once the Products have been dispatched and another email once the Products have been delivered.
9. Packaging
9.1
Products purchased from the website are delivered in Engrano’s standard packaging.
10. Right of withdrawal
10.1
In accordance with article L.121-21 of the French Consumer Code as described below, the Customer has the right to withdraw from the contract, which may be exercised without giving any reason within 14 (fourteen) days from the date on which the Customer (or his/her representative duly authorised to receive the Products) physically takes possession of the Products and, in the event of partial delivery, of the last Product.
10.2
In order to exercise his right of withdrawal, the Customer must, within the period mentioned in article 10.1 above, send by e-mail or by post – the attached withdrawal form, duly completed and signed; or – a communication of their intention to exercise their right of withdrawal in accordance with article L121-21 of the Consumer Code; such communication must include the following information: (i) an indication of the Product for which the Customer wishes to exercise his right of withdrawal ; (ii) the order number; and (iii) if the Customer purchases the Product by bank transfer, the Customer’s IBAN code to which the refund can be made;
To the following address:
2220 Route des Caritat – 26110 Condorcet – France
Mail: info@engrano.fr
10.3
Within 14 days of notification of withdrawal (sent in accordance with Article 10.2 above) the Customer must return the Product purchased to Engrano at 2220 Route des Caritat, 26110 Condorcet, France. Unless otherwise indicated on the Website, the cost of returning Products is borne by the Customer. Products must be returned in their original condition, unaltered, unused, undamaged and with their original labels attached. In the event of a reduction in the value of the Products resulting from the Customer’s handling of the goods going beyond what is necessary to establish the nature, characteristics and functioning of the goods, Engrano reserves the right to refuse the return of the Products. The Customer is solely liable for any reduction in the value of the Products resulting from the handling of the goods going beyond what is necessary to establish the nature, characteristics and functioning of the goods.
10.4
Engrano shall refund all payments received from the Customer, including any delivery charges, within 14 days of receiving the returned Products or after the Customer provides Engrano with proof of return of the Products, whichever is the earlier. The refund will be made by Engrano using the same method of payment as that used by the Customer for the initial transaction, unless the Customer has expressly agreed to a different method and provided that the Customer does not incur any costs in connection with the refund.
11. Customised and other special products
11.1
In accordance with article L121-21-8 of the French Consumer Code as described below, the right of withdrawal does not apply to (i) orders for personalised Products, such as, for example, those with the Customer’s initials inscribed on the Product; (ii) those likely to be easily damaged or out of date; (iii) and those that cannot be returned due to their nature (e.g. Product that was sealed and then opened by the Customer), or for reasons of hygiene.
12. Replacement of Products
12.1
Without prejudice to the Customer’s rights under Articles 10 and 13, and except in the case of customised Products, Engrano authorises the replacement of Products purchased on the Website, in accordance with the following procedure:
(I) once the Products have been received, the Customer must contact Engrano immediately by email at info@engrano.fr;
(II) The Customer must then complete the form provided with the delivered Products that the Customer wishes to exchange, clearly indicating the code and size of the new Products that the Customer wishes to receive (the codes and sizes are indicated on the website);
(III) within a maximum period of 7 days from the date of delivery of the Product, the Product to be replaced must be returned by the Customer to Your company in the same condition in which it was delivered, with the labels attached to the Products and the form indicated in point 12.1. (II) above. Unless otherwise indicated on the Website, the cost of returning the Products shall be borne by the Customer.
12.2
Products must be returned in their original condition, unaltered, unused, undamaged and with their original labels attached. In the event of a reduction in the value of the Products resulting from the Customer’s handling of the goods going beyond what is necessary to establish the nature, characteristics and functioning of the goods, Engrano reserves the right to refuse to exchange the Products. Le Client est seul responsable de toute diminution de la valeur des Produits résultant d’une manipulation des biens allant au-delà de ce qui est nécessaire pour établir la nature, les caractéristiques et le fonctionnement des biens.
12.3
The amount paid by the Customer will be reimbursed by Engrano, by the same method of payment used by the Customer to initially purchase the Product, within 14 bears after the returned Products have been delivered to Engrano .
12.4
The exchange will be accepted by Engrano subject to the availability of the new Products required.
12.5
The exchange is treated by Engrano as a new order from the Customer subject to the same obligations and conditions set out in these General Conditions as for the initial order. In particular, if the Products that the Customer wishes to exchange were initially paid for by credit card, Engrano will first refund to this card the price initially paid by the Customer and then debit the price of the new Products requested in accordance with Article 6.3 above. If the initial payment was made by bank transfer and the price of the new Products requested is the same as that paid by the Customer for the Products they wish to exchange, Engrano will retain the sum initially paid by the Customer; if the price is different, Engrano will refund the difference – or ask the Customer to pay the difference, as the case may be.
13. Non-compliance
13.1
If a Product sold by Engrano has manufacturing defects or an alleged lack of conformity of the Products sold by Engrano, the Customer must immediately contact the online after-sales service by e-mail at info@engrano.fr, or by post at the following address:
2220 Route des Caritat
26110 Condorcet
France
13.2
The legal guarantees set out in articles L211-4 to L211-14 of the French Consumer Code, as described below, apply to the sale of Products. According to these articles, the Customer has the right to have the Products brought into conformity, free of charge, either by being replaced or repaired (it being specified that the Customer will have the right to choose whether the Product is repaired or replaced, within the limits provided by law) or, in the event of the impossibility of one of the above remedies (in accordance with article L211-10 of the Consumer Code), the right to an appropriate reduction in the sale price of the Products or the right to terminate the contract. The Customer loses these rights if he does not notify Engrano of the lack of conformity within 14 Days from the date on which the Customer detected such lack of conformity.
13.3
If the Customer wishes the Product to be repaired or replaced on the grounds of lack of conformity pursuant to Article 13, the delivery costs associated with the return of the Product to be repaired or replaced will be borne by Engrano, as will all costs associated with the delivery to the Customer of the repaired or replaced Product.
14. Guarantee of authenticity and intellectual property rights
14.1
Engrano guarantees the authenticity of all Products purchased on the website.
14.2
The “Engrano” trademark, all figurative and/or three-dimensional trademarks appearing on the Products, accessories or relevant packaging, as well as all illustrations, images and locations protected by copyright and, in general, all intellectual property rights related to the Products, are and remain the exclusive property of the Engrano companies.
15. Applicable law and jurisdiction
15.1
These General Terms and Conditions, and consequently the contracts concluded with Customers, are governed by and must be interpreted in accordance with French law.
15.2.
Any disputes arising out of or in connection with these General Terms and Conditions shall fall within the jurisdiction of the competent courts of the Customer’s domicile or place of residence.
16. Contacts
16.1
For further information and assistance in relation to the website or online shopping methods, the Customer may contact Engrano at one of the contact details set out below:
2220 Routes des Caritat
26110 Condorcet
France
E-mail: info@engrano.fr
17. Consumer services & Consumer ombudsman
17.1
Recourse to the consumer service: In the event of a disagreement or complaint concerning a service or product related to the company, the consumer customer can send a substantiated complaint to our customer service department:
By mail: 2220 Route des Caritat, 26110 Condorcet, France
By e-mail : info@engrano.fr
17.2
You can contact the Mediation officer using the details below:
Médiation Conso Drôme, 19 BIS Rue Jonchère, 26000, Valence
Consumer mediation is an out-of-court dispute resolution process whereby a consumer and a professional attempt to reach an agreement on an amicable settlement of a dispute between them, with the help of a third party, the mediator. If the parties fail to reach an amicable agreement, the mediator will propose a solution to the dispute.
It is therefore an alternative to legal action, which is often long and costly. However, consumers still have the option of going to court if mediation is unsuccessful.
IMPORTANT: Complaints must be made to the Mediation officer within one year of the consumer’s written complaint to the professional.
This referral can only be made if there is a negative response or no response from the professional after 60 days.