General terms and conditions of sale
Description
These Greenly General Terms and Conditions of Sale for Offspend's carbon footprint measurement and offsetting Products and Services (hereinafter the "General Terms and Conditions of Sale") form the contractual conditions between You (hereinafter "Buyer", "You", "Consumer" or "User") and Offspend SA, having its registered office at 9 rue de Quatrefages, 75005 Paris, / RCS Paris 878 730 647 RCS Paris (hereinafter "Offspend" or "We") . You can contact our customer service:
By email at: [email protected]
These General Conditions of Sale are a subset of the General Conditions of Use of Offspend Services for Carbon Footprint Measurement and Offsetting Products and Services (“General Conditions of Use of Offspend Services”). The General Terms and Conditions of Sale prevail in their purpose over any other document of the General Terms and Conditions of Use of the Offspend Services. Delivery of Products and Services is currently only carried out in France. These General Conditions of Sale are available in the following languages: French.
As a consumer, You acknowledge and warrant:
To have obtained and read a copy of these Terms and Conditions of Sale; and,That you will use the Offspend Carbon Footprint Measurement and Offsetting Products and Services provided by Offspend for personal and non-commercial use only and that you are not acting in the context of commercial, industrial, artisanal or liberal activities; and,To be in possession of these Terms and Conditions of Sale on a durable medium including by physically printing them; and,To be of legal age or authorized under the laws of your country of residence to enter into these Terms and Conditions of Sale; and,That the laws of your country of residence authorize You to purchase and have delivered to You a Product or Service measuring and offsetting the carbon footprint of Offspend; and,That the fact of carrying out an order must be interpreted as an acceptance without reserve of the General Conditions of Sale; and,To be perfectly informed that the fact of placing order on the Site involves an obligation to pay; and that the fact of placing an order or purchasing one or more Products and Services of measurement and compensation of the carbon footprint of Offspend constitutes confirmation that You have read and understood and that You agree with these Terms and Conditions of Sale without reservation, dispute or refusal.
Definitions
Sometimes we use certain words whose first letter is capitalized. This capital letter indicates that the word has the following meaning: Buyer: refers to a Consumer who has placed one or more orders for one or more Product(s) or Service(s) for measuring and offsetting the carbon footprint of Offspend whose acquisition is possible through the Site and/or Applications published by Offspend and having all the rights necessary to commit to a Contract and place an order.
Consumer: means any natural person who is acting for personal and non-commercial purposes that are not part of his or her commercial, industrial, craft or liberal activity.
Contract: means any Contract which is established between the Consumer and Offspend on the basis of the
order placed by the Consumer, after a conformation of the order by Offspend and the realization of all the actions required in these General Conditions of Sale.
Parties: The Buyer or Consumer or User, on the one hand, and Offspend, on the other hand.
Product or Products and / or Services or Offspend Services: means all goods and services of measurement and compensation of the carbon footprint of Offspend can be ordered on the Site.
User: means a natural person who uses or interacts with the Products and/or Services of measurement and compensation of the carbon footprint of Offspend. Site: means the website available at the following address: Offspend.com.
Object
These General Terms and Conditions of Sale are applicable to all means and actions allowing (1) the presentation of an offer to the Consumer, in particular through the Site and the applications published by Offspend, (2) the acceptance of this Offer through the conclusion of the Contract and (3) the execution of this Contract.
Modifications to the General Terms and Conditions of Sale
The Parties understand and acknowledge that Offspend has the right at any time, to modify all or part of these Terms and Conditions of Sale, to incorporate changes required by law, or any other applicable regulation, any change in our Products and Services, or any event considered sufficiently adequate by Offspend to require such changes. Any new version of the Terms and Conditions of Sale will supersede the previous Terms and Conditions of Sale. However, any order is subject to the version of the Terms and Conditions applicable at the time of the order. We recommend that You frequently review the Terms and Conditions of Use of the Offspend Services and save each version on a durable medium.
Ordering process and formation of the Contract
Description of the products
The Products presented on the Site are each the subject of a description that We establish. Only the present General Conditions of Sale, the descriptions, characteristics, presentations of functionalities and prices implemented on supports that We publish and that We present to You directly, constitute the descriptions of the Products approved by Offspend. It is Your responsibility to verify the compatibility of the Product(s) and Service(s) as described in the elements listed above, with Your own needs or those for which You intend the Products. You acknowledge that the photographs and videos illustrating the Products are not contractual documents and are presented for illustration purposes only and not for information purposes. They must not be considered as a determining element of the Buyer's consent to place an order.
Price
The prices are always indicated excluding possible delivery and transport costs. The latter are mentioned before the order is validated. They will be clearly invoiced in addition to the price of the Product ordered unless otherwise indicated. This indication may take the form of a discount coupon, a gift card or a special offer. Depending on where you are connected to the Site, the prices indicated on the Site may not include taxes. We draw your attention to the fact that the sale price never includes possible customs fees. Also, the legislation applicable to You may provide for certain direct or indirect taxes that We do not collect. Any tax not indicated at the time of the ordering process remains in any case due, having regard to the applicable legislation and at your exclusive charge. The prices indicated on the Site may be offered in a currency that does not correspond to the currency used in your state. Offspend will not bear the costs of currency exchange. The Buyer must pay the additional costs related to the change of currency. It is necessary to inform You about the costs and exchange rates applicable at the time You place the order, especially with regard to the means of payment that you want to use and that we offer. The amount that You will have to pay includes the selling price of the product, the relative delivery costs and, if necessary, the taxes mentioned above. All these elements are indicated on the order summary page. The prices that we present to you can be modified at any time. Only the price that is presented to You on the summary page at the time You place Your order is applicable.
Elements of the Offer
The above elements determine the offer by which we are bound when you have accepted it. The online sales offers that we present to you are valid, within the limits of available stocks, as long as they are accessible on the Site and on the Applications published by Offspend or until the expiry of their period of validity if they mention one on the site or the Applications. Thus, Offspend can be committed only by the offers that are directly presented by Offspend on the site or through the Applications. We inform you that prior to your identification as a buyer (by entering the information of your order), you can know the details of your cart by clicking on the icon "Cart". You will then be able to integrate the discount codes and gift cards that you have by entering the code on the same page and confirming. The price indicated will then take into account these reductions.
Identification of the Buyer - Determination of the delivery and billing address
To proceed with an order You can do it without creating an account. It is imperative that the Buyer gives us true and updated information, including his name, his full physical address, and phone number. This information allows Offspend to perform and deliver the order properly. If You have designated another person to receive your order, always be sure to ask for his prior consent to receive your order and to authorize You to communicate information about itself including its personal data. Offspend can not be held responsible for information provided without the consent of the recipient. By providing incorrect information, the Buyer waives its right to allege a breach of contract by Offspend in the event that Offspend could not perform its obligations due to the failure of the Buyer to provide correct information on the recipient of the order. To facilitate communication by electronic means, we remind you that your identification can be automated through the use of cookies. The identification will be automatic unless You delete the history of your Internet browser. It is therefore recommended to clear the history of your browser when you leave it. Offspend cannot be held responsible for any disclosure of personal data that may be made to one or more third parties as a result of the express or implied permission You have given to such third party or parties by exiting your Internet browser without clearing your browser history.
Order - Pre-checking the order
When We have the information to establish (1) the invoice for your order, (2) to identify You as the person who placed the order and (3) to allow Us to make the delivery, We will offer You different delivery methods. It will be up to You to choose one that will be invoiced to You at the price indicated. The order will be invoiced according to the price indicated. The delivery method will apply to all the Products in your shopping cart, i.e. the Products ordered on our Site and/or on an Application. The price indicated is valid for all the Products. If You want the Products to be delivered in different ways, You must place multiple orders. Unless otherwise specified, coupons and gift cards do not apply to delivery charges. In order for You to know the price of your order, the delivery rate and the delivery method You have chosen will be added to your basket, the total indicating the price You will actually pay for your order. We remind You that this price does not include customs fees and may not include all taxes that You may have to pay according to the legislation applicable to You. By clicking on " continue " We will indicate to You the proposed means of payment. After having proceeded to the choice of the method of payment, You will be invited to fill a form allowing to identify the method of payment which You wish to use.
Payment - Security of means of payment - Fight against fraud
We provide you with different means of payment allowing you to pay your order: Credit card (Visa, MasterCard, Discover, American Express, PayPal, Apple Pay). Transactions are carried out through transaction collection platforms allowing to collect payments by means. The payment transaction is edited and performed by third party companies - When making a payment through our Services, you may be required to have a personal account. Therefore, we do not have access to your banking data. Also, in order to fight against fraud, We have implemented procedures to verify orders. These means may allow Us to block and, if necessary, cancel an order if fraud is detected. You will then be notified by email at the address You have provided. If this cancellation is not necessary, do not hesitate to contact our customer service.
Finalization of the order - Conclusion of the Contract
In order to finalize your order, we provide you with a summary of the information related to your order allowing you to check the details of your order. Thus, before clicking on the button allowing you to finalize the order and express your acceptance, You have the possibility to edit and modify the billing address, the shipping address, the desired shipping method and the Products and Services in your cart. To finalize the order You must click on "Confirm my order". You acknowledge that placing an order implies an obligation to pay. The absence of payment prevents any formation of the order. You will then be immediately sent an order number to the e-mail address you provided during the ordering process. Your confirmation of the order leads to the conclusion of a contract between Offspend and you, and implies: Your firm acceptance of an offer presented by Offspend including through the Site or its Applications (including mobile) or any other organized system of sale published by Offspend, without the simultaneous physical presence of the Parties, by the exclusive use of one or more techniques of remote communication; and Acceptance of these Terms of Sale; and Unless otherwise stated, acceptance of immediate payment of the sale price of Products and Services once the contract is concluded. Offspend may enter into the Contract with You based on the information You have provided - or Offspend may refuse to enter into the Contract with You based on the analysis of data carried out to verify the compliance of your order with these Terms and Conditions, including the place of delivery and anti-fraud measures. An email acknowledging receipt of the order, its acceptance by Offspend, your acceptance, and payment of the order will be sent by Offspend to the email address that You have provided to Us during the ordering process ("Email confirmation of the order"). Translated with www.DeepL.com/Translator (free version)
Archiving
The archiving of communications, purchase orders and invoices is carried out on the servers of Offspend so as to allow the two Parties to constitute a copy of the elements allowing the conclusion of the contract.
Dispositions spécifiques aux offres avec abonnement
Some Products and Services may be offered to You through a subscription. This subscription commits You for a determined period (the "Initial Contractual Period"). This period is specified in the order that You place. If this subscription concerns an Offspend Service, You acknowledge that You expressly request that this Offspend Service be executed as soon as possible. Consequently, You will not be able to benefit from your right of withdrawal if the Offspend Service is fully executed. By subscribing to a subscription, You make a single order that obliges You to pay the amount attached to the duration of your subscription. Unless terminated under the conditions set out below, Your subscription will be automatically renewed for the same duration after the expiration of the initial contractual period. The renewal will be invoiced at the price applicable on the day of the renewal of the subscription. You will be notified of the arrival of this automatic renewal by a dedicated e-mail to the e-mail address that You have indicated to Us. This e-mail will be sent to You at the earliest three (3) months and at the latest one (1) month before the end of the initial contractual period. After the expiration of the initial contractual period, You may terminate the Contract for the supply of Products and Services with a subscription at any time and without notice. However, if the subscription concerns an Offspend Service offered over a given period, We shall consider that any month started shall be paid.
Compensation
Timeframe for funding compensation actions
In the absence of any indication or agreement to the contrary as to the delivery date, We undertake to finance the offsetting actions ordered by You within thirty (30) calendar days after the conclusion of the contract and payment of the order.
Delivery Conditions - Prerequisites
Financing (hereinafter referred to as "financing" in these Terms and Conditions) is achieved by the transfer of physical possession and/or control of the Product. Delivery of the Products will be deemed to have been made when: The financing of the clearing actions will be carried out with the partner that You have indicated to us; or The financing of the clearing actions will be carried out with the third party that You have designated (other than the carrier); or This financing will be the subject of an activation linked to an account.