OUR KONJAC SPONGE IS OFFERED from 90€ purchases | FREE DELIVERY for orders over 80€
In effect from November 1st 2022
The present General Conditions of Sale (called "GCS") apply, without restriction or reserve, to all sales concluded by the vendor with non-professional buyers ("The Customers or the Customer"), wishing to acquire the products offered for sale ("The Products") by the Vendor on the site www.sandrarity.com. The Products offered for sale on the site are the following:
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the products, are presented on the site www.sandrarity.com which the customer is required to take note of before ordering.
The choice and purchase of a product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These GCS are accessible at any time on the site www.sandrarity.com and will prevail over any other document.
The Customer declares to have taken knowledge of the present GCS and to have accepted them by checking the box provided for this purpose before the implementation of the procedure of on-line order of the site www.sandrarity.com.
Unless proven otherwise, the data recorded in the vendor’s computer system shall constitute proof of all transactions concluded with the Customer.
The vendor's contact details are as follows :
Sandy Society, SARL
Share capital of 1000 euros
Registered at the RCS of Thonon Les Bains, France, under the number 907752562
110 rue Albert Camus 74160 Saint Julien en Genevois FRANCE
Email : contact@sandrarity.com
Intracommunity VAT number FR61907752562
The brand Sand rarity is registered at the French INPI by Mrs Sandy BOGET since September 25, 2021.
Identifier French Agency For Ecological Transition (ADEME): FR255599_01GFJZ
The Products presented on the site www.sandrarity.com are offered for sale for the following territories:
France (excluding Dom Tom)
Germany
Belgium
Luxembourg
Netherland
Spain (Except Islands)
Italie ( Hors Iles )
In case of order towards a country other than metropolitan France, the Customer is the importer of the concerned Products.
For all Products shipped outside of the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be due. They will be charged to and are the sole responsibility of the Customer.
The Products are supplied at the prices in effect appearing on the site www.sandrarity.com, at the time of the recording of the order by the vendor.
The prices are expressed in Euros and include VAT.
The prices take into account possible reductions which would be granted by the vendor on the site www.sandrarity.comwww.sandrarity.com. These prices are firm and non-revisable for any validated order but the vendor reserves the right to modify them at any time.
The prices do not include the costs of processing, shipping, transportation and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated prior to the placing of the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
It is up to the customer to select on the website www.sandrarity.com the products he/she wishes to order, according to the following modalities :
The customer chooses a product that he puts in his basket, product that he can delete or modify before validating his order and accepting the present general conditions of sale. He will then enter his details or connect to his space and choose the delivery method. After validation of the information, the order can be finalized by the payment of the price.
The offers of Products are valid as long as they are visible on the site, within the limits of available stocks. Once the payment is validated, no modification is possible.
The sale will be considered valid only after full payment of the price.
Any order placed on the site www.sandrarity.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The vendor reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.
The Customer may follow the progress of his order on the site.
In case of problem with a package, the customer must keep the packaging and the item(s). The buyer has a period of 7 working days from the date of receipt of the products, to return the products ordered and obtain a refund.
Returns will be accepted or not depending on the conditions in which they are received. It will be scrupulously checked if the products have not been opened and if they are in perfect condition. Only these conditions can be the object of a return. To obtain information on the procedure to follow, the buyer wishing to return an item should send an email to customerservice@sandrarity.com, with the number and date of the order as well as all the details used to purchase the item.
For products received as a gift for a certain amount of purchase, you will have to return the purchased product(s) that you wish to return as well as all the products offered with your purchase. Otherwise, we will not be able to refund your order.
The price is paid by secure payment, according to the following methods:
The price is payable in full by the Customer on the day the order is placed.
The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment provider involved in banking transactions on the site www.sandrarity.com.
The payment is secure. The payment software used is Stripe, it automatically takes care of the security and anti-piracy aspect of customers' bank cards. For more information http://stripe.com/fr https://stripe.com/fr/privacy
Payments made by the Customer will only be considered final after the vendor has received the amounts due.
The vendor shall not be bound to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
The Products ordered by the Customer will be delivered in Metropolitan France or in the following zones: Germany, Belgium, Italy (except islands), Spain (except islands), Netherland, Luxembourg.
Deliveries are made within 2 to 3 working days in France and 3 to 5 working days in other countries to the address indicated by the Customer when ordering on the site.
The delivery is constituted by the transfer to the Customer of the physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The vendor undertakes to make its best efforts to deliver the Products ordered by the customer within the time limits specified above.
If the ordered Products were not delivered within 30 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or with holding.
The deliveries are ensured by an independent carrier, at the address mentioned by the customer at the time of the order and to which the carrier will have easy access.
When the Customer has himself/herself chosen a carrier, delivery shall be deemed to have been made as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and shall have no recourse against the vendor in the event of failure to deliver the goods transported.
In the event of a special request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto shall be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. The Customer has a period of 5 days from the date of delivery to make claims by e-mail to customerservice@sandrarity.com, accompanied by all related documents (notably photos). After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the vendor.
The vendor shall refund or replace, as soon as possible and at its own expense, the delivered products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating thereto shall only be carried out at the time when the customer takes physical possession of the Products. The Products shall therefore travel at the vendor's risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier under the conditions provided for in Articles L216-3 of the Consumer Code.
The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, whatever the delivery date of the said Products.
According to the terms of the article L221-18 to L221-28 of the Code of the Consumption
"For contracts involving the purchase of goods at a distance, the period begins upon receipt of the first good."
The right of withdrawal can be exercised online, using the attached withdrawal form sent to customerservice@sandrarity.com. It is also available at the end of the General Conditions of Sale.
The returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their remarketing in new condition.
Damaged, soiled or incomplete products are not accepted.
Return shipping costs are at the Customer's expense.
The exchange (subject to availability) or refund will be made within 14 days from the receipt by the Vendor of the Products returned by the Customer under the conditions provided for in this article.
The Products supplied by the Seller benefit from :
Exclusions of guarantees
The responsibility of the salesman could not be committed:
Provisions relating to legal guarantees
Article L221-5
I.-Prior to the conclusion of a contract for the sale of goods or supply of services, digital content or digital services, the trader shall provide the consumer, in a legible and comprehensible manner, with the following information:
1. the essential characteristics of the good, service, digital service or digital content
2° The price of the good, service, digital service or digital content, pursuant to Articles L. 112-1 to L. 112-4;
3° The date on which or the period within which the trader undertakes to deliver the good or provide the service, digital service or digital content.
4° Information relating to its identity, postal, telephone and electronic contact details, cancellation procedures, methods of settling disputes, other contractual terms and conditions and, where applicable, the costs of using the means of distance communication, the existence of codes of good conduct and deposits and financial guarantees.
5° If applicable, information relating to legal guarantees, functionalities, compatibility and interoperability of the digital content, the digital service or the good comprising digital elements, other contractual conditions and, if applicable, the existence of any software installation restrictions.
6° The possibility of having recourse to a consumer mediator under the conditions provided for in Title I of Book VI.
7° When the right of withdrawal exists, the conditions, the time and the methods of exercise of this right as well as the standard form of withdrawal, whose conditions of presentation and the mentions which it contains are fixed by decree in Council of State.
8° Where applicable, the fact that the consumer bears the cost of returning the goods in the event of withdrawal and, for distance contracts, the cost of returning the goods when, because of their nature, they cannot normally be returned by post.
9° Information on the consumer's obligation to pay costs when he exercises his right of withdrawal from a contract for the provision of services, water distribution, gas or electricity supply and subscription to a district heating network, the performance of which he has expressly requested before the end of the withdrawal period; these costs are calculated in accordance with the procedures laid down in Article L. 221-25.
10. Where the right of withdrawal cannot be exercised pursuant to Article L. 221-28, information to the effect that the consumer does not benefit from this right or, where applicable, the circumstances in which he loses it.
11. The application of a personalized price based on automated decision-making, if applicable.
The list and content of this information are specified by decree in the French Council of State.
In the case of a public auction as defined by the first paragraph of article L. 321-3 of the French Commercial Code, the information relating to the identity and postal, telephone and electronic contact details of the professional provided for in 4° of I of this article may be replaced by those of the agent.
II - In addition to the information provided for in I, any professional, prior to the conclusion of a contract for the provision of services and, where there is no contract, prior to the performance of the provision of services, shall provide the additional information provided for by Article L. 111-2.
Article L217-3 of the Consumer Code
"The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility."
Article L217-5 of the Consumer Code
"The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, if 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 in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling.
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the Vendor and accepted by the latter.
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."
Article L217-14 of the Consumer Code
The consumer is entitled to a reduction in the price of the goods or to rescission of the contract in the following cases:
1° When the professional refuses any compliance.
2° When the conformity is not achieved within thirty days following the consumer's request or if it causes him a major inconvenience.
3. If the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the installation of the repaired or replacement goods or the related costs.
4. If the non-conformity of the goods persists despite the seller's attempt to bring them into conformity without success.
The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract when the lack of conformity is so serious that it justifies the reduction in price or the rescission of the contract being immediate. The consumer is then not obliged to ask for the repair or replacement of the goods beforehand.
The consumer shall not be entitled to rescind the sale if the lack of conformity is minor, which the seller shall have the burden of proof. This paragraph shall not apply to contracts in which the consumer does not proceed to a payment.
Article L216-4 of the Consumer Code
"The delivery or commissioning of the goods is accompanied by the handing over of the instructions for use and installation as well as, if applicable, the commercial guaranteed contract.
Article L216-6 of the Consumer Code
I.-In the event of failure by the trader to meet his obligation to deliver the goods or provide the service under the conditions provided for in Article L. 216-1, the consumer may:
1° Notify the professional of the suspension of the payment of all or part of the price until the professional performs, under the conditions of articles 1219 and 1220 of the civil code;
2° Resolve the contract if, after having given the trader formal notice to deliver or provide the service within a reasonable additional time, the trader has not performed within that time.
The contract shall be deemed to be terminated on receipt by the trader of the letter or writing informing him of such termination unless the trader has performed in the meantime.
II - The consumer may, however, immediately cancel the contract:
1° Where the trader refuses to deliver the goods or provide the service or where it is obvious that he will not deliver the goods or provide the service.
2. Where the trader fails to perform his obligation to deliver the goods or provide the service on the date or at the end of the period provided for in Article L. 216-1 and where this date or period constitutes an essential condition of the contract for the consumer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request of the consumer before the conclusion of the contract.
The provisions of this article are without prejudice to the award of damages.
Article 1218 of the Civil Code
"There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the performance of his obligation by the debtor. If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is terminated ipso jure and the parties are discharged from their obligations under the conditions provided for in articles 1351 and 1351-1.
Article 1148 of the Civil Code
"There is no right to damages when, as a result of force majeure or a fortuitous event, the debtor has been prevented from giving or doing what he was obliged to do or has done what he was prohibited from doing."
Article 1641 of the Civil Code.
"The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price if he had known about them.
Article 1648 paragraph 1 of the Civil Code
"The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.”
In order to assert their rights, the Customer shall inform the Seller by e-mail at customerservice@sandrarity.com of the non-conformity of the Products or of the existence of hidden defects from the moment of their discovery.
The Seller shall refund or replace the Products or parts under warranty that are found to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of Products deemed non-conforming or defective will be made as soon as possible and at the latest within 14 days following the finding by the Seller of the non-conformity or hidden defect. This reimbursement may be made by bank transfer.
The responsibility of the Salesman could not be committed in the following cases:
The Seller's warranty is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
Article 1191 When a clause is susceptible of two meanings, the one that gives it an effect prevails over the one that does not give it any effect.
Article 1195 of the Civil Code
If a change in circumstances unforeseeable at the time of the conclusion of the contract renders its performance excessively onerous for a party who had not agreed to assume the risk, that party may request a renegotiation of the contract from his co-contractor. It continues to perform its obligations during the renegotiation.
If the renegotiation is refused or fails, the parties may agree to terminate the contract, on the date and under the conditions they determine, or ask the judge to adapt it by mutual agreement. If no agreement is reached within a reasonable period of time, the judge may, at the request of a party, revise the contract or terminate it, on the date and under the conditions that he or she determines.
Clause on mandatory pre-contractual information, in accordance with article L221-5 of the French Consumer Code
In relations with third parties, the manager commits the company by the acts falling within the corporate purpose. If there is more than one manager, they shall hold the powers provided for in the preceding paragraph separately. Opposition by a manager to the acts of another manager is without effect with regard to third parties, unless it is established that they had knowledge thereof. Clauses in the articles of association limiting the powers of managers resulting from this article shall not be invoked against third parties.
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivery of the Products. These personal data are collected only for the execution of the sales contract. Personal data is any information that can identify you, directly or indirectly. This may include identifying information such as your last name, first name, email address, date of birth, postal address, IP address, purchasing habits or preferences. We use your personal data to navigate our Site, to remember your preferences, to give you a better customer experience and to optimize our Website by providing content tailored to your needs through targeted emailings, advertisements and promotional offers.
Personal data can be collected on the site www.sandrarity.com at any time during the navigation on our site (account creation, Product order, newsletter registration) & more generally when you interact with us.
Payment
Within the framework of the payment of the Products proposed on the www.sandrarity.com site, this one records financial data relating to the bank account or the credit card of the Customer/user.
Personal data is reserved for the sole use of the Vendor, its employees and any entity linked to the Sandy Society SARL.
The data controller is the Vendor, within the meaning of the French Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data. The processing of personal data is represented by the personal data protection officer Sandy Boget, who can be contacted at mail to : customerservice@sandrarity.com.
Unless the Customer expressly agrees, his personal data will not be used for advertising or marketing purposes. The Customer may be asked to tick a box by which he/she agrees to receive informative and advertising e-mails from the Seller. The Customer may withdraw his consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
The Seller shall keep the data thus collected for a period of 5 years, covering the time of prescription of the applicable contractual civil liability.
The Vendor implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Vendor cannot guarantee the security of the transmission or storage of information on the Internet.
In application of the regulations applicable to personal data, Customers and users of the site www.sandrarity.com have the following rights:
These rights, as long as they do not object to the purpose of the processing, can be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.
The person in charge of processing must give a reply within a maximum of one month.
In the event of refusal to grant the Customer's request, reasons must be given.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The content of the site www.sandrarity.com as well as any visual and material element (logo, packaging, design) is the property of the Vendor and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement. The brand Sand rarity is registered at the INPI by Mrs Sandy BOGET since September 25, 2021.
The present GTC and the operations which result from it are governed and subjected to the French law.
The present GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
For any complaint, please contact the customer service at customerservice@sandrarity.com
The Customer is informed that he/she can refer to the Consumer Mediator.
In accordance with the provisions of articles L 611-1 and R 612-1 et seq. of the French Consumer Code concerning the amicable settlement of disputes: When the consumer has sent a written complaint to the professional and has not obtained satisfaction or an answer within two months, he may submit his complaint free of charge to the consumer mediator. The mediator must be contacted within a maximum period of one year from the initial complaint.
The MCP MEDIATION mediator may be contacted directly online at the following address: www.mcpmediation.org or by mail MÉDIATION DE LA CONSOMMATION & PATRIMOINE - 12 Square Desnouettes - 75015 PARIS
The Customer is also informed that he/she may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All the litigations to which the operations of purchase and sale concluded in application of the present CGV and which would not have been the subject of an amicable settlement between the salesman or by mediation, will be subjected to the competent courts under the conditions of common law.
"For purchases made by a customer residing in the European Union, an online platform for dispute resolution is available at the following address: http://ec.europa.eu/consumers/odr/.”