ARTICLE 1. INTRODUCTION

 

1.1. The company AMBICOM, a Limited Liability Company registered with the RCS of MEAUX under the number B 498 899 731, is engaged in the sale of cold weather clothing and protective accessories.

1.2. These conditions exclusively govern the sales of products offered on the website www.grand-froid.fr. They take precedence over any other terms or documents of any kind or form. Any modification to these general conditions must be the subject of an express and exceptional derogation by AMBICOM.

1.3. Placing an order on the website www.grand-froid.fr constitutes an unconditional acceptance of these General Conditions.

 

ARTICLE 2. ACCESS TO THE WEBSITE

 

It will be the visitor's responsibility to use the appropriate means of connection to access the online store grand-froid.fr. Any telecommunication costs remain the visitor's responsibility.

Any access difficulties or service interruptions shall not entitle the visitor to any compensation.

 

ARTICLE 3. RETENTION OF TITLE AND TRANSFER OF RISKS

 

3.1. In accordance with Law No. 80-335 of May 12, 1980, it is expressly stipulated that the buyer shall only become the owner of the goods after full payment of all sums due. In the case of payment by bill of exchange or bank cheque, payment shall only be considered complete when the amount of these instruments has been credited to the bank account of AMBICOM.

3.2. The contracting party, subject to revocation, has the right, in the context of its own commercial activity, to resell but not to pledge or use as collateral the goods of which AMBICOM retains ownership.

3.3. In the event of late payment, or any other contractual breach, or in the event of a substantial deterioration in the financial situation of the buyer, AMBICOM may demand the immediate return, at the expense of the buyer, of all unpaid products.

3.4. In the event of the opening of collective insolvency proceedings or protective proceedings against AMBICOM, the buyer, the representative of the creditors, or the liquidator may not transfer ownership of the goods without the consent of the seller. Similarly, in the event of seizure, the buyer, the representative of the creditors, or the liquidator undertakes to immediately inform the seller so that it can assert its right of reclamation within the time limits set for it.

 

ARTICLE 4. ORDER

 

4.1. Our product offers and prices are valid as long as they are displayed on the website www.grand-froid.fr, subject to availability.

For products not stored in our warehouses, our offers are valid subject to availability from our suppliers. In this context, information about the availability of products is provided when placing the order. These pieces of information come directly from our suppliers, and exceptional errors or modifications may occasionally occur.

4.2. In the event of acceptance of an order for products that are ultimately unavailable, the buyer will be notified by email as soon as possible.

4.3. In this latter case, the order will be automatically canceled, and unless the buyer places a substitute order, they will be fully reimbursed for the amounts they have already paid.

4.4. AMBICOM makes its best efforts to update the list of products available for order on the website www.grand-froid.fr. However, under no circumstances can the unavailability of ordered products result in its liability.

 

ARTICLE 5. DELIVERY TIMES

 

5.1. The delivery times start from the day after the effective receipt of the order, unless there are specific payment conditions.

5.2. AMBICOM will make every effort to meet the deadlines specified on the website www.grand-froid.fr. The deadlines can only be met if the labeling elements provided by the customer with the order are usable, presented in the form of a line or color proof, films, and cromalins with Pantone colors and usable logos.

5.3. If a labeling element is found to be unusable, AMBICOM undertakes to inform the buyer.

 

ARTICLE 6. PRICES AND PAYMENTS

 

6.1. Unless otherwise specified, the prices on preprod.grand-froid.fr and on any documents from the website, including but not limited to newsletters, mailings, and letters, may be changed without notice in accordance with applicable regulations.

6.2. Unless otherwise specified, the prices on our order acknowledgment forms are firm and not subject to revision.

6.3. Our invoices are payable by credit card, bank transfer, check, or bill of exchange. The place of contract conclusion, performance of the AMBICOM service, and the performance of the buyer's payment obligation is CROISSY BEAUBOURG (77 – France).

6.4. Payment in 3X 4X WITH FEES Payment for your order in 3 or 4 installments by credit card from €150 to €3000 with Oney Bank.

Our partner Oney Bank offers you a financing solution called 3x 4x Oney, which allows you to pay for your purchases from €150 to €3000 in 3 or 4 installments with your credit card.

Conditions: This offer is reserved for individuals (adult natural persons) residing in France and holding a Visa or MasterCard credit card with a validity period longer than the chosen financing duration. Cards with systematic authorization, such as Electron, Maestro, Nickel, etc., as well as e-cards, Indigo, and American Express cards, are not accepted.

Subscription terms: After completing your order, simply click on the "3x 4x Oney payment by credit card" button. You will then be redirected to our partner's 3x 4x Oney webpage, displaying a detailed summary of your order and a personalized financing request that you must validate. You will enter your personal information or, if you have a 3x 4x Oney account, you will log in using your account credentials. You will review the general terms of payment in installments that you wish to subscribe to, which will be provided to you in PDF format so that you can read, print, and save them before accepting them electronically by checking the corresponding box. You acknowledge that the "double-click" associated with the check box for acknowledging the general terms constitutes an irrevocable acceptance of the product's general terms.

Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank. If you request financing from Oney Bank, the information related to your order will be transmitted to Oney Bank, which will use it for the purpose of studying your request for credit granting, management, and recovery. Oney Bank reserves the right to accept or reject your request for 3x 4x Oney financing. You have a withdrawal period of 14 days to cancel your credit.

Operation: Payment in 3 or 4 installments by credit card allows you to pay for your order on our online store as follows:

  • a mandatory down payment, debited on the day of the confirmation of the shipment of your order, corresponding to one-third or one-quarter of the order, to which fees of 1.45% of the total order amount for 3 installments and 2.2% for 4 installments are added;
  • two or three monthly installments, each representing one-third or one-quarter of the order, taken from your credit card on the 30th calendar day following the date of confirmation of the shipment of your order;
  • Payment in 3 installments for purchases ranging from €150 to €3,000 Example: For a purchase of €150, an initial payment of €52.18, followed by 2 monthly installments of €50. The credit has a duration of 2 months with a fixed APR of 19.31%. Cost of financing: €2.18, within a maximum limit of €15.
  • Payment in 4 installments for purchases ranging from €100 to €3,000 Example: For a purchase of €400, an initial payment of €108.80, followed by 3 monthly installments of €100. The credit is over 3 months with a fixed APR of 19.61%. Cost of financing: €8.80, within a maximum limit of €30.

Oney Bank - Joint-stock company with a capital of €51,286,585 - Registered office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias number: 07 023 261 - www.orias.fr - Correspondence: CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr

 

ARTICLE 7. SHIPPING COSTS

 

7.1. The transport prices are based on shipments from our company, our branding workshops, or our suppliers' depots for deliveries within metropolitan France only. Transport rates for locations outside metropolitan France will be specified on a country-by-country basis in your shopping cart.

 

ARTICLE 8. SAMPLES

 

8.1. In order to allow the buyer to visualize the product, it is possible to order a sample.

8.2. All samples are chargeable and subject to a special rate that includes processing and logistics costs.

8.3. Samples are neither exchangeable nor refundable.

 

ARTICLE 9. WARRANTIES

 

9.1. In accordance with Articles L.211-4 to L.211-11 of the Consumer Code, the buyer is entitled to a warranty against non-compliance defects of products purchased on the grand-froid.fr website. This warranty against non-compliance defects covers the cost of parts and labor required to bring your item into compliance.

9.2. In addition to the legal warranty against hidden defects provided by Articles 1641 and following of the Civil Code, the products sold benefit from a manufacturer's warranty, the duration of which is indicated in our catalogs or product sheets.

These warranties are exclusive of any other warranties, including any warranty of specific customer satisfaction needs.

However, the aforementioned warranty does not apply in the following cases:

  • Buyer's failure to follow instructions or technical manuals
  • Mishandling and non-compliant use of the Products by the complaining party
  • Unauthorized intervention or attempted intervention on the product
  • Insufficient or inappropriate maintenance of the Products
  • Damage resulting from external causes, acts of third parties, or any event of Force Majeure as defined below
  • Defective material or design originating from the buyer
  • Malfunction resulting from normal wear and tear of the item

9.3. Implementation of Warranties. The product deemed defective will be replaced or refunded without the buyer being entitled to any additional compensation due to the defective nature of the product.

9.4. Under the manufacturer's warranty, the seller replaces free of charge the parts recognized as defective by its technical services. The warranty provided by the seller does not cover labor costs. It also does not cover disassembly, reassembly, and on-site transport costs.

 

ARTICLE 10. RIGHT OF WITHDRAWAL

 

10.1. The grand-froid.fr website offers a withdrawal period in accordance with current legal provisions. This period is 14 clear days from the receipt of the order or its availability.

To exercise this right of withdrawal, please contact us via the following form: [Contact Us](link here)

In the event of exercising the right of withdrawal, AMBICOM will reimburse you within 14 days following the receipt of the return.

The order subject to the right of withdrawal must be returned in its entirety.

The conditions for returning goods are specified in Articles 12.1, 12.2, 12.3, 12.4, 12.5.

The refund of the total amount paid, including delivery costs, will be made using the same payment method used for the initial transaction unless there is explicit agreement from the requester for an alternative refund method.

This refund will not incur any fees for the requester; however, return costs will remain the responsibility of the requester.

In the case of an order for multiple products, the withdrawal period will begin upon receipt of the last product.

10.2. Restrictions on the right of withdrawal: In accordance with current legal provisions, the following products are excluded from the right of withdrawal:

  • Goods made to the consumer's specifications or clearly personalized.
  • Goods liable to deteriorate or expire rapidly.
  • Goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection.

 

ARTICLE 11. RETURN OF GOODS

 

11.1. Exchange and Return Form

To return your items, please create a product return in your customer account. A return form will be sent to you by email.

11.2. All returned merchandise must be sent back in its entirety and with its original packaging. In the case of a refund request, the merchandise must be returned within 14 days. In the case of a product exchange request, you will have 30 days to return the merchandise. The items must be intact and in good condition.

The returned product must be intact and must not show signs of use, intense or abnormal testing. Otherwise, the returned item will remain at your disposal and will not be refunded. You can collect it from Grand Froid or request to have it resent to you at your expense.

We recommend choosing parcel shipping with tracking and a signature.

Your package must be returned to us with the exchange and return form (see Article 11.1).

The return address is:

Ambicom – After-Sales Service 1 Avenue Aristide Briand - BP38 93161 NOISY LE GRAND

11.3. Cases of Error or Apparent Non-Conformity

Any defects observed must be reported in writing to the after-sales service, accessible here: [Contact Us](link here), within 24 months.

A "merchandise return" form will be provided in response.

Non-compliant goods must then be returned within 6 days in accordance with the provisions of Article 11.2.

If the non-compliance defect is confirmed by tests in the after-sales service, we will proceed with the exchange or repair of the item, depending on the cost involved, in accordance with Article L.211-11 of the Consumer Code. Return costs will be refunded to you, upon presentation of supporting documents, after your product is returned if the non-compliance defect is confirmed.

11.4. No return with postage due will be accepted.

11.5. Items made to order or personalized cannot be returned, exchanged, or refunded.

 

ARTICLE 12. DISPUTES

 

12.1. Any claim will only be processed if it has been previously filed within 30 clear days from the date of receipt of the merchandise.

12.2. If the claim is justified, the merchandise will be exchanged, or in case of impossibility, a credit note will be issued.

12.3. Any claim must be submitted to AMBICOM within 8 days following the receipt of the Products (with the carrier's waybill serving as proof). It must explicitly state the type or quantity of missing or damaged items. After this period, no further action will be taken.

12.4. In the event of a delivery error, a replacement procedure will be initiated after verification with our logistics department.

12.5. Amicable settlement of disputes between the professional and the consumer in accordance with Articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code.

In case of unresolved disputes between the Professional and the Consumer, the consumer can contact the consumer mediator.

Before contacting the consumer mediator, the consumer must have already attempted to resolve the dispute directly with the professional through a written complaint or according to the terms of the contract concluded with the professional.

Consumer mediation is an out-of-court settlement of consumer disputes.

If the conditions are met, consumer mediation will be conducted according to a specific process and in accordance with applicable laws.

The procedure is free for the consumer (R612-1 of the Consumer Code).

To contact the consumer mediator:

MEDIATION – VIVONS MIEUX ENSEMBLE Website address: www.mediation-vivons-mieux-ensemble.fr Mediator's address: 1 impasse de Beauregard 54000 NANCY

IMPORTANT:

Never send original documents to the consumer mediator. Please make photocopies.

Never send defective, disputed, or refundable items to the consumer mediator.

 

ARTICLE 13. QUANTITATIVE FRANCHISE (paragraph for professionals).

 

13.1. Given the specific nature of certain categories of ordered goods, it is accepted that each order may be subject to a quantitative margin of error of plus or minus 5%, and a qualitative failure margin of 5%, without the buyer being able to raise a claim on this basis, obtain a reduction in invoicing, or claim any compensation.

13.2. However, beyond this 5% tolerance threshold, the seller undertakes, to the best of their abilities, either to rectify the order promptly or to immediately refund the amount of the order corresponding to the non-compliant quantitative and/or qualitative percentage.

 

ARTICLE 14. FORCE MAJEURE

 

14.1. AMBICOM shall not be liable in the event that the delivery of Goods is prevented by a Force Majeure event, which is defined herein as an event reasonably beyond its control, and which could not reasonably have been foreseen, avoided, or overcome at the time of contract conclusion.

14.2. In the event that AMBICOM encounters such a Force Majeure event, it commits to notifying the Buyer promptly upon the occurrence of the event and informing them of the consequences of this situation on its ability to fulfill its obligations.

14.3. In the event of the occurrence of an event qualified as force majeure within the meaning of the preceding provisions, AMBICOM shall be free either to resume the agreed-upon deliveries as soon as the event and its effects have ceased, or to decide that the contract concluded with its Co-contractor is terminated without incurring liability.

 

ARTICLE 15. INTELLECTUAL PROPERTY

 

All texts, comments, works, illustrations, and images reproduced on the "www.grand-froid.fr" websites are reserved under copyright law and intellectual property rights worldwide. Unauthorized use constitutes infringement.

 

ARTICLE 16. LIABILITY

 

16.1. The products offered comply with the French legislation in force and applicable standards in France.

16.2. Furthermore, despite all the care we take in checking the technical specifications and product descriptions from our partners or suppliers, AMBICOM disclaims all liability regarding the validity of their content.

16.3. Hyperlinks may appear on the website www.grand-froid.fr and lead to other websites. AMBICOM disclaims all liability for the content of these sites, especially in cases where the content of these sites contravenes applicable legal and regulatory provisions.

16.4. The products sold on the website www.grand-froid.fr have performance compatible with professional use. Consequently, AMBICOM shall not be liable for any damages resulting from professional activities, regardless of the nature of the damage.

 

ARTICLE 17. PERSONAL INFORMATION

 

17.1. AMBICOM undertakes not to disclose the information collected on the website www.grand-froid.fr to third parties without prior consent.

17.2. This information is strictly confidential and may only be used by one of the services or subsidiaries of the company www.grand-froid.fr.

17.3. In accordance with the Data Protection Act of January 6, 1978, the buyer has the right to access and rectify personal data concerning them by mail to the address of the registered office of AMBICOM as specified in Article 1 herein.

 

ARTICLE 18. APPLICABLE LAW - JURISDICTION SEVERABILITY

 

18.1. Any order placed on the website www.grand-froid.fr is subject to French law. The provisions of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, are expressly excluded.

18.2. In the event of a dispute, the consumer may either contact one of the territorially competent courts under the Code of Civil Procedure or the court of the place where they resided at the time of contract conclusion.

18.3. If a provision or clause of these General Terms and Conditions of Sale were to be invalidated by a Judge or become unenforceable, such provision or clause shall be deemed unwritten, but only to the extent necessary to satisfy the new rule or new law, with the remaining provisions remaining in force.

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