GROOMBOX PRIVACY POLICY

PREAMBLE

Protecting your privacy and personal data are top priorities for GSBC (hereinafter referred to as “GROOMBOX”), a simplified joint-stock company fully committed to complying with the provisions of the French Law no.78-17 of January 6, 1978 on information technology, files and freedoms known as “Informatique et Libertés”, as amended.

This Privacy Policy sets forth the principles governing the protection of personal data and is designed to inform the USERS of the Website www.groombox.fr  (hereinafter referred to as “WEBSITE”) about the way their personal data are collected and processed by GROOMBOX, if required.

In any case, GROOMBOX commits itself to complying with the two (2) following basic principals:

• The WEBSITE USER is the sole owner of the personal data he/she provides. Such data are not disclosed to any third party, except from IP addresses; The WEBSITE USER’s data are processed in a transparent, confidential and secured way and data are protected with an appropriate degree of security.
• Any use for any purpose whatsoever of the WEBSITE necessarily implies the full and unconditional acceptance by the user of this Privacy Policy.

1. DEFINITIONS

The following terms used in this Privacy Policy shall have the meanings set forth below:

• CUSTOMER: refers to GROOMBOX’s co-contracting party, who confirms his/her status of consumer as defined by the French statutes and case law. As such, it is explicitly regulated that the CUSTOMER acts independently of any regular or commercial activity.

• ACCOUNT: refers to the interface under which CUSTOMER personal data are gathered, such as, for example:
  • His/her full name;
  • His/her postal address;
  • His/her email address;
  • His/her full order history, etc.

• LOGIN CREDENTIALS: refers to the email address and the password chosen by the CUSTOMER when he/she signed up. By entering his/her LOGIN CREDENTIALS, the user can log in to his/her ACCOUNT. The CUSTOMER may change his/her LOGIN CREDENTIALS from the ACCOUNT.

• SERVICES: refers to all the services available on the WEBSITE, including:
  • The service “Alterations”;
  • The service “Dry cleaning”;
  • The service “Shoe repair”;
  • The service “Package Delivery”.

• USER: refers to any web user accessing and browsing the WEBSITE.

2. IDENTITY OF THE DATA CONTROLLER

Personal data are collected by GSBC, a simplified joint-stock company with a share capital of 10,000 Euros, registered with the Trade and Companies Register of Versailles under the number 799 142 328, headquartered at Parc des Grillons – Bât 6, 60, Route de Sartrouville, 78230 le Pecq, France – Phone: 0975183834, Fax: 0975183834, email: confidentialité@groombox.fr (hereinafter referred to as “GROOMBOX”), represented by its Managing Director, domiciled in that capacity at the said registered office.

GROOMBOX is the publisher of the WEBSITE and is in charge of processing the personal data collected and/or processed via the WEBSITE.

3. CNIL FORMALITIES

The processing of personal data collected through the WEBSITE is subject to a declaration to the French National Commission for Data Protection and Freedom (CNIL) under the number 1745175.

4. DATA COLLECTION & PROCESSING

For the proper operation of the WEBSITE, GROOMBOX may collect personal data about USERS of its WEBSITE. Such data are processed in accordance with the purposes of their collection.

GROOMBOX may particularly collect personal data:

• When the USER visits the WEBSITE
• When the USER uses the functions and/or the services available on the WEBSITE
• When the USER places an order for the SERVICES available on the WEBSITE
• When the USER signs up and creates an ACCOUNT
• When the CUSTOMER updates his/her ACCOUNT
• When information or quotations are requested, or when emails are sent directly to GROOMBOX
• When contacting “Customer Service” by phone.

Whatever method of data collection is used, GROOMBOX commits itself to informing the USER about the purposes of the processing, whether the information to be provided are mandatory or optional, any potential consequences if he/she fails to provide such information, the data recipients, the existence of his/her rights of access, rectification and opposition to the processing of his/her personal data and the means by which he/she can exercise them.

When required by the French Law on information technology, files and freedoms (“Loi Informatique et Libertés”), GROOMBOX commits itself to, depending on the circumstances, obtaining the consent of the USER and/or enabling him/her to oppose to the use of his/her personal data for some specific purposes, such as, for example sales prospecting.

The data that may be collected and processed by GROOMBOX to the fulfilment of the purposes stated in Article 5 of this Privacy Policy include:

• Identification data (title, last name, first names, contact details i.e. postal address, phone number and email address, if required, a copy of the ID card or an ID document in order to exercise the right of access, rectification or opposition to the processing of personal data or to comply with any legal obligation)
• Data relating to the management and security of the ACCOUNT, including LOGIN CREDENTIALS
• Data relating to the commercial follow-up: invoices, information requests, correspondence between the USER and GROOMBOX
• Login data (IP addresses, login credentials)
• Data relating to the order and the corresponding transaction (transaction number, order details, etc.)
• Data relating to the payment of invoices: terms of payment, receipts, account balance, outstanding payments, etc.

It is reminded to the CUSTOMER that all the credit card information given by the CUSTOMER are fully and solely stored on GROOMBOX independant payment provider, PAYBOX/Point transactions Systems located 11A rue Jacques Cartier, 78280 Guyancourt. PAYBOX servers are located in France at Nanterre and Strasbourg.
In accordance to PCI DSS standards, only the last 4 digits and expiry date of the credit card are visible on the CUSTOMER private space in order to remind him which credit card he has been using to pay for his orders. These datas, like any other ones from the CUSTOMER, are stored on DROP LOCKER servers located in Virginia state, USA. It is reminded as well to the CUSTOMER that PAYBOX, pursuant to Article L 133-24 of the French Monetary and Financial Code, in case of payment by credit card, pursuant to Article L 133-24 of the French Monetary and Financial Code, those data may be stored for evidentiary purposes in case of any potential dispute regarding the transaction, as semi-current records, during thirteen (13) months (even fifteen (15) months for deferred debit cards) from the debit date.

5. PROCESSING PURPOSES

Those different kind of data are collected to ensure:

• The smooth and efficient functioning and the continuous improvement of the WEBSITE and its functions
• The management of the WEBSITE USERS (ACCOUNT management, order follow-up and invoice management)
• The management of requests to exercise the right of access, rectification or opposition
• The management of outstanding payments and disputes
• The compilation of statistics designed to improve the functioning of the WEBSITE and its functions.

GROOMBOX may also use those data for legal and/or regulatory purposes.

In any case, GROOMBOX commits itself to processing all the data collected in accordance with the French Law no.78-17 of January 6, 1978 on information technology, files and freedoms known as “Informatique et Libertés”, as amended, and the declaration of data processing to the French Data Protection Authority (CNIL).

6. CONSENT

When creating or managing his/her ACCOUNT, the USER completes several forms and provides personal data concerning him/her to enjoy all the services offered by GROOMBOX. By providing spontaneously his/her personal data, the USER expressly consents to the collection and processing of his/her data by GROOMBOX for the specific purposes brought to his/her attention.

The VISITOR, for his/her part, by browsing and continuing to use the website, consents to the collection of his/her login data to ease his/her navigation through the WEBSITE.

7. DATA RETENTION TIME

GROOMBOX is committed to ensuring collected data are retained in such a way the data subjects may be identified for a period of time that does not exceed the time necessary to achieve the purposes for which they were collected and processed.

Therefore, USERS personal data cannot be retained beyond a period of twelve (12) months from the corresponding ACCOUNT closure or termination date; except from data stored in accordance with the relevant legal provisions in force (including those set out in the French Code of Commerce, the French Civil Code and the Consumer Code), when their retention is necessary to establish the existence of a specific right or agreement or to observe any legal obligation. As an exception to this rule, USERS identification data are retained for three (3) years from the end of the ACCOUNT closure or from their collect by GROOMBOX.

8. USERS’ RIGHTS

It should be noted that the USER whose personal data are processed has a right of access, rectification or opposition, in accordance with Articles 38 and seq. of French Law no.78-17 of January 6, 1978 on information technology, files and freedoms known as “Informatique et Libertés”, as amended by the law of August 6, 2004.

Those rights may be exercised in compliance with the French Law no.78-17 of January 6, 6 1978 as amended by the law of August 6, 2004, by a simple written request sent by email at confidentialité@groombox.fr or by mail at GROOMBOX’s registered office address, by proving his/her identity and by providing a legitimate reason if required by law.

Any copy of identity document supplied will be retained for one (1) year if such document was collected in order to verify the identity of the USER wishing to exercise his/her right of access or rectification and for three (3) years if such document was collected in order to verify the identity of the USER wishing to exercise his/her right of opposition. The same applies to any other data collected within the framework of the exercise by the USER of his/her right to oppose the processing of his/her personal data.

9. DATA RECIPIENTS

GROOMBOX may disclose USERS’ personal data to third parties (only personal data for which GROOMBOX obtained the express consent of the data subjects involved) especially for sales prospecting purposes.

10. LOGIN DATA AND COOKIES

GROOMBOX uses login data (date, time, web address, computer protocol of the visitor, visited pages) and cookies (small files stored on the USER’s computer) to identify the user, memorize information about his/her visit and obtain audience measurement and statistics of the WEBSITE, especially as regards the pages viewed by the user.

By using the WEBSITE, the USER agrees that GROOMBOX places such ‘technical’ type of cookies exclusively aimed at allowing or easing communication by electronic means between the terminal equipment of the USER and the WEBSITE, by easing the management of the WEBSITE and the user’s browsing experience and by making USERS authentication easier.

Data collected via these cookies shall also give GROOMBOX the possibility to compile statistics and proceed to website traffic analysis. The access by GROOMBOX to the information stored in the USER’s terminal equipment or the record of information in the USER’s terminal equipment shall only be made in the following cases:

• To allow or ease the communication by electronic means;
• When it is necessary for the provision of the online communication service of GROOMBOX at the express request of the USER.

THE USER may, as for the data, exercise his/her right to access his/her login data by making such request via email at confidentialite@groombox.fr

If the browser allows it, USERS can disable such cookies at any time, by following the process indicated by the browser. Nonetheless, GROOMBOX informs USERS that disabling cookies could lead to a limited access to all or part of the functions of the WEBSITE.

All things considered, the information stored in USERS terminal (e.g.: cookies) or any other element used to identify the USER for the purpose of audience statistics are retained for six (6) months. Beyond this time period, raw data about the visitors’ browsing habits are deleted or anonymized.

11. SECURITY

GROOMBOX complies with the French Law on information technology, files and freedoms (“Informatique et libertés”) as regards data security and confidentiality.

In that respect, GROOMBOX takes all necessary precautions, considering the nature of data and the risks their processing entails, to preserve the security of data and particularly to prevent them from being distorted or damaged or to impede unauthorised third party to have access to them (physical protection of premises, authentication process of CUSTOMERS, login history, data encryption…).

In particular, the access to each and every CUSTOMER’s ACCOUNT is strictly personal and secured by confidential LOGIN CREDENTIALS. In that respect, CUSTOMERS are required to choose LOGIN CREDENTIALS containing at least eight (8) characters that must include both letters and numbers.

Nonetheless, the technologies applied to telecommunications networks are not foolproof and GROOMBOX cannot guarantee the absolute confidentiality, integrity or authentication of the communications between the USER and GROOMBOX.

GROOMBOX TERMS AND CONDITIONS OF SERVICE

PREAMBLE

These terms and conditions of service (hereinafter referred to as “Terms and Conditions”) apply to any order of services placed by a natural person via the website www.groombox.fr (hereinafter referred to as “WEBSITE”) to GSBC, a simplified joint-stock company with a share capital of 10,000 Euros, registered with the Trade and Companies Register of Versailles under the number 799 142 328, headquartered at Parc des Grillons – Bât 6, 60, Route de Sartrouville, 78230 le Pecq, France – Phone: 0975183834, Fax: 0975183834, email: confidentialité@groombox.fr (hereinafter referred to as “GROOMBOX”)

1. DEFINITIONS

As used in these Terms and Conditions, the following terms shall have the meanings set forth below:

“ITEMS”: refers to the goods the CUSTOMER entrusted to GROOMBOX to carry out the requested SERVICES

“CUSTOMER”: refers to GROOMBOX’s co-contracting party, who confirms his/her status of consumer as defined by the French statutes and case law. As such, it is explicitly regulated that the CUSTOMER acts independently of any regular or commercial activity.

“PACKAGE”: refers to any unique container containing goods with or without commercial value, conform to the sizes mentioned on the WEBSITE and whose gross unit weight cannot exceed [A COMPLETER OU RENVOYER VERS UNE PAGE SPECIFIQUE DU SITE] Kg.

“ACCOUNT”: refers to the interface under which CUSTOMER personal data are gathered, such as, for example:

• His/her full name;
• His/her postal address;
• His/her email address;
• His/her full order history, etc.

“LOCKER”: refers to GROOMBOX locations used by the CUSTOMER to drop-off and/or pick up his/her ITEMS and PACKAGES;

“LOGIN CREDENTIALS”: refers to the email address and the password chosen by the CUSTOMER when he/she signed up. By entering his/her login credentials, the user can log in to his/her ACCOUNT.

“LOCALISATION”: refers to the different geographical locations where GROOMBOX implemented its LOCKERS.

“COLLECTION”: refers to the rounds organised by GROOMBOX to pick up and/or drop-off ITEMS and PACKAGES in the LOCKERS;

“SERVICES”: refers to all the services available on the WEBSITE, including:

• The service “Alterations”;
• The service “Dry cleaning”;
• The service “Shoe repair”;
• The service “Package Delivery”.

“TERRITORY”: refers to Metropolitan FRANCE (excluding the Oversees Departments and Territories).

“USER”: refers to any web user accessing and browsing the WEBSITE.

2. PURPOSE

These Terms and Conditions are designed to establish the contractual provisions regarding the rights and obligations of the respective parties, i.e. GROOMBOX and the CUSTOMER, within the framework of the provision of the SERVICES.

The CUSTOMER is clearly informed and acknowledges that the WEBSITE is addressed to consumers and that professionals must contact the Sales Department of GROOMBOX in order to benefit from different contractual conditions.

3. ACCEPTANCE OF TERMS AND CONDITIONS

The CUSTOMER agrees to read carefully these Terms and Conditions and to express acceptance thereof, without any limitation or restriction, at the time he/she confirms his/her ACCOUNT to place a new order of SERVICES.

These Terms and Conditions are also referenced using a link marked at the bottom of each page of the WEBSITE and can thereby be viewed at any time. The CUSTOMER is asked to read carefully, download and print the Terms and Conditions, and keep a copy thereof.

GROOMBOX advises the CUSTOMER to read the Terms and Conditions each time an order is placed, as the more recent version of the foregoing Terms and Conditions is applicable to each new order of SERVICES.

4. SIGNING UP

4.1. Sign-up Conditions

In order to sign up to the WEBSITE and to place an order of SERVICE, the web user must be at least 18 years old and have legal capacity or, if underage, be able to hold proof of consent from his/her legal representatives.

The web user is advised to provide personal information by filling in the form available on the WEBSITE. By filling out this form, the web user becomes a CUSTOMER.

The CUSTOMER commits himself/herself to providing GROOMBOX, in a fair manner, with accurate and complete data (last name, first name, postal address and email address, phone number, delivery address, etc.) that do not jeopardize, in any way whatsoever, the rights of any third party. The CUSTOMER commits himself/herself to updating the above-mentioned information and correcting any potential mistake.

In particular, the creation of an ACCOUNT requires to provide a valid email address and to choose a password. The provided email address and password shall be the login credentials of the CUSTOMER.

GROOMBOX reserves the right to limit or ban the CUSTOMER ACCOUNT access, if sign-up conditions violate these Terms and Conditions or if the customer has not duly completed the sign-up process.

Once registered, the CUSTOMER may check on the WEBSITE his/her order status. The CUSTOMER may also contact the Sales Department of GROOMBOX at any time via email at admin@groombox.fr, or by phone at 0975183834 in order to obtain information on his/her order status.

The information provided by the CUSTOMER to GROOMBOX when placing an order must be complete, accurate and up-to-date. GROOMBOX reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his/her identity as well as the information he/she provided.

4.2. Technical specifications

Signing up for a CUSTOMER account is free of charge. The CUSTOMER acknowledges having the necessary means and skills to use the WEBSITE. The CUSTOMER takes full responsibility for all equipment necessary to access and use the WEBSITE, as well as the telecommunications costs their use incurred.

4.3. LOGIN CREDENTIALS management

LOGIN CREDENTIALS are personal. It is the responsibility of the CUSTOMER to ensure the confidentiality of his/her LOGIN CREDENTIALS.

The choice of the LOGIN CREDENTIALS must be made in compliance with the legislation in force, in particular laws regarding identity theft (Article 434-23 of the French Penal Code) or trademark infringement or copyrights (Articles L.335-2 and seq. or L.713-1 and seq. of the French Intellectual Property Code.)

Any access to the ACCOUNT of a CUSTOMER using LOGIN CREDENTIALS shall be deemed to have been done by the CUSTOMER himself/herself.

GROOMBOX commits itself to keeping the CUSTOMER ‘s LOGIN CREDENTIALS confidential.

The CUSTOMER is solely responsible for the use of his/her LOGIN CREDENTIALS by third parties or for actions or statements made through his/her ACCOUNT, whether they are fraudulent or not. This is the reason why the CUSTOMER guarantees GROOMBOX against any request made in this respect.

It should be noted there is no obligation on the part of GROOMBOX to verify the identity of each and every CUSTOMER.

Consequently, GROOMBOX shall not be held responsible in the event of theft of any CUSTOMER’s identity. In any case, if a CUSTOMER suspects a fraudulent use of his/her ACCOUNT, he/she shall immediately inform GROOMBOX.

The CUSTOMER commits himself/herself to creating only one ACCOUNT corresponding to his/her profile.

4.4.   Signing out

For security reasons, GROOMBOX may disable ACCOUNTS that have not been used for twelve (12) months or over. The CUSTOMER shall be informed, via email, of the deactivation of his/her ACCOUNT.

Any illicit manipulation aimed at obtaining undue payments or other advantages at the expense of GROOMBOX or other CUSTOMERS shall lead to the deactivation of the ACCCOUNT.

Should the CUSTUMER:

– Provide false, inaccurate, out-of-date, incomplete, deceptive information or misleading information at the time he/she creates or updates his/her ACCOUNT, GROOMBOX may immediately suspend or close his/her ACCOUNT and deny access to part or all the WEBSITE, temporarily or definitively.

– Communicate or use his/her data and/or his/her login credentials contrary to the intended purpose, GROOMBOX may close ipso jure his/her ACCOUNT without prior formal notice, which the CUSTOMER expressly accepts in advance.

In case of breach of these Terms and Conditions by the CUSTOMER, GROOMBOX reserves the right to exclude him/her from the WEBSITE after an official notification remained unfruitful for fifteen (15) days from the date of receipt. The CUSTOMER waives any right to contest his/her ban from the WEBSITE and to take any action in respect of liability on that ground.

5. ORDERS

5.1. Ordering process

Orders of SERVICES are directly placed on the WEBSITE or by phone.

For orders placed by phone, GROOMBOX operator shall carry out the same operations as if the order was placed by the CUSTOMER through the WEBSITE.

To place an order, the CUSTOMER must follow the steps shown in the diagram below:

5.1.1. Item Drop-off in the LOCKER

The CUSTOMER drops off the ITEM for which he/she will place an order of SERVICE in a LOCKER.

This LOCKER holds a number if it is physically available on the WEBSITE, or a name if it is dematerialized. If the LOCKER is dematerialized, the drop-off shall be made in the appropriate locker, authorized by GROOMBOX, on the WEBSITE.

5.1.2. Order of SERVICES on the WEBSITE / and by phone

5.1.2.1. SERVICE Selection

The CUSTOMER shall select the SERVICE of his/her choice by clicking on its description and indicate the number / or the name (in the case of a dematerialized locker) of the LOCKER, allowing to identify his/her ITEM.

GROOMBOX shall not be held responsible for the loss by the CUSTOMER of the number / or name of the LOCKER he/she used or for any error made when entering the order of SERVICE.

Once the SERVICE is selected, it is placed into the shopping basket of the CUSTOMER. The later can then add to his/her basket as much SERVICES as he/she wants.

5.1.2.2. Orders

Once SERVICES are selected and placed in his/her shopping basket, the CUSTOMER must click on it and check whether the content of his/her order is accurate. Unless the CUSTOMER has already done it, he/she will be asked to log in or sign in.

Once the CUSTOMER has confirmed the content of his/her shopping basket and has logged in / signed in, an online form automatically filled in will be displayed for him/her, summarizing the price.

The CUSTOMER is invited to verify the content of his/her order (including the quantity and the references of the ordered SERVICES, the billing address, payment method and price) before confirming its content.

The CUSTOMER may then proceed to the payment of the SERVICES by following the steps described on the WEBSITE and by providing all the information required for invoicing purposes and for the provision of the SERVICES.

With regard to the SERVICES for which options are available, these specific references are displayed when the relevant options have been selected. Any order placed must contain all the information necessary for the proper processing of the order.

5.1.2.3. Acknowledgment of receipt

Once all the foregoing steps are followed, the WEBSITE will display a page in order to acknowledge receipt of the CUSTOMER’s order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by electronic mail, provided that the email address indicated by means of the sign-up form is accurate.

5.1.2.4. Facturation

During the ordering process, the CUSTOMER must enter all necessary information for invoicing (the symbol (*) marks required fields to be completed, so that the CUSTOMER’s order may be processed by GROOMBOX).

The CUSTOMER must also indicate his/her chosen payment method.

Neither the purchase order processed online by the CUSTOMER, nor the order confirmation sent by GROOMBOX to the CUSTOMER by electronic mail shall constitute an invoice.

Regardless of the order or payment method used, the CUSTOMER shall receive the original purchase invoice upon the provision of the SERVICES.

5.1.3. COLLECTION and Order confirmation

Following the COLLECTION, GROOMBOX shall send to the CUSTOMER an “order confirmation” notification by email or SMS.

The “order confirmation” shall contain a summary of the ITEMS collected and the price corresponding to the SERVICES ordered.

Should some ITEMS do not match the description contained in the CUSTOMER order (size, nature, fabric composition, quantity of cleaning and alteration services to be performed, etc.), GROOMBOX reserves the right to:

• Make some reserves;
• Change the price of the SERVICES ordered;
• Refuse the ITEM and the provision of the SERVICE.

Except from “Package delivery” SERVICES, GROOMBOX shall provide the CUSTOMER with a drop-off ticket alongside the “order confirmation”.

5.1.4. ITEM drop-off

Upon completion of the SERVICE and the COLLECTION, GROOMBOX shall send to the CUSTOMER a “delivery alert” notification by email and/or SMS.

Such “delivery alert” contains:

The pick-up location;

The number or the name of the LOCKER;

The 4-digit code required to pick-up the ITEMS or PACKAGES. No code will be provided if the LOCKER is dematerialized. In such a case, the CUSTOMER shall provide, upon collection of his/her items or packages, the bar code corresponding to his/her customer code, included in the “delivery alert “ email he/she had received.

At the CUSTOMER’s express request, ITEMS and PACKAGES may be dropped off and delivered at different LOCATIONS.

It is specified that such request may result in extra cost, borne by the CUSTOMER.

In accordance with Article 13 of these Terms and Conditions, the ITEMS and PACKAGES shall not be returned to the CUSTOMER as long as the payment has not been made.

The CUSTOMER agrees to pick-up the ITEMS and PACKAGES within 48 hours from the time the ‘delivery alert’ is issued.

In the event the ITEM or PACKAGE has not been picked up within this timeframe, the system sets out in Article 12 of these Terms and Conditions shall apply.

5.2. Date of order

The date of order is the date on which GROOMBOX confirms the order by e-mail and/or SMS. The deadlines indicated on the WEBSITE shall only take effect from this date.

5.3. Price

For all the SERVICES, the CUSTOMER will find on the WEBSITE the prices displayed in Euros, including all taxes.

Nonetheless, the CUSTOMER may expressly request a quote for some SERVICES.

In this case, the order shall be effective only upon the CUSTOMER’s acceptance of the quotation issued by GROOMBOX.

Prices include, in particular, the existing applicable value-added tax (VAT) on the date the order is placed. Any change of the foregoing applicable tax may affect the price of the SERVICES from the date of entry into force of the new tax.

The applicable VAT rate is expressed in percentage of the SERVICE’s value.

The prices displayed on the WEBSITE are subject to change, in particular during the order confirmation process.

The prices displayed are applicable, except in cases of gross errors.

6. RIGHT OF WITHDRAWAL

The terms and conditions of the right of withdrawal are set out in the “withdrawal policy”, which is available in Appendix 1 hereof and through a hypertext link included at the bottom of each page of the WEBSITE.

The CUSTOMER expressly accepts the provision of the SERVICE upon order confirmation and recognizes he/she loses his/her right of withdrawal once the contract will be fully fulfilled by GROOMBOX.

7.     PAYMENT

7.1. Payment Methods

The CUSTOMER may pay for the SERVICES he/she ordered online through the WEBSITE, selecting the payment methods offered by GROOMBOX. The CUSTOMER certifies before GROOMBOX that he/she holds all applicable authorizations for the use of the selected payment method.

GROOMBOX shall take all necessary measures to ensure the security and the confidentiality of the data sent online during the online payment process on the WEBSITE.

In this respect, it is noted that all payment-related information provided on the WEBSITE are not processed by GROOMBOX but by PAYBOX / Point transaction Systems
It is noted as well that when the CUSTOMER registers his credit card information on GROOMBOX website, the CUSTOMER rigesters his information on DROP LOCKER, GROOMBOX software provider for his account management after that the CUSTOMER has imput his login and password to have access to his account. DROP LOCKER servers are located in the US, state of Virginia.
In this process, and immediately after having registered his credit card information, they are fully transfered to PAYBOX / Point transaction Systems servers located in Nanterre and Strasbourg, France. PAYBOX / Point Transaction Systems stores all payment information from the CUSTOMER and performs the usual controls. Once the credit card has been approved, PAYBOX / Point Transaction Systems sends a random « token » to DROP LOCKER for the past orders to be paid by the CUSTOMER on GROOMBOX. It is reminded to the CUSTOMER that DROP LOCKER is provided with PCI DSS standard.
Only the last four digits and expiry date of his credit card will be visible on the private space of the CUSTOMER on GROOMBOX, in order to remind the CUSTOMER which credit card he as been registering to pay for the use of SERVICES provided by GROOMBOX. This custom is in conformity with PCI DSS standard.

7.2. Payment Date

The CUSTOMER’s account shall be charged once the SERVICES order confirmation is sent by GROOMBOX.

7.3. Delay or Non-payment

If the bank refuses to debit a card or any other payment method, the CUSTOMER must contact GROOMBOX’s Customer Service in order to pay the order by any other valid payment method.

Assuming that, for whatever reason, be it opposition, refusal or other, the flow of money owned by the CUSTOMER cannot be processed, the order shall be cancelled.

8. OBLIGATIONS OF THE PARTIES

8.1. The CUSTOMER’s obligations

In order for GROOMBOX to provide its SERVICES under the best conditions possible, the CUSTOMER commits himself/herself to:

Paying the price set on the WEBSITE

Complying with all applicable laws and regulations

Notifying GROOMBOX of any information, which he/she becomes aware of, and which could affect the fulfilment of these Terms and Conditions.

8.2. GROOMBOX’s obligations

Within the framework of these Terms and Conditions, GROOMBOX commits itself to implementing all the necessary means and resources to provide the SERVICES ordered by the CUSTOMER.

9. SERVICES

GROOMBOX endeavours to present, as clearly as possible, the main features of the SERVICES and all mandatory information the CUSTOMER must receive under the applicable laws. These information are available under the section SERVICES of the website www.groombox.fr

The CUSTOMER agrees to read such information carefully before placing an order on the WEBSITE.

GROOMBOX reserves the right to change the range of SERVICES available on the WEBSITE.

Upon reception of the ITEMS, GROOMBOX shall check them meticulously, and shall inform the CUSTOMER, if required, of any reserve regarding them (indelible stains, defects, tears, delicate alterations, etc.).

Some SERVICES available on the WEBSITE require the issue of a drop-off ticket.

10. PROOF AND ARCHIVING

Any CUSTOMER agreement whose order exceeds 120 Euros, all taxes included, shall be archived by GROOMBOX for a period of ten (10) years in accordance with the provisions of Article L. 134-2 of the French Consumer Code.

GROOMBOX agrees to archive such information in order to ensure the monitoring of transactions and to provide a copy of the agreement at the CUSTOMER’ s request.

In the event of a dispute, GROOMBOX shall have the possibility to prove its electronic monitoring system is reliable and able to ensure a secure transaction.

11. LIABILITY

11.1. Liability related to the WEBSITE

GROOMBOX shall not be held liable in any way whatsoever:

In case of non compliance by the CUSTOMER with these Terms and Conditions, (in particular when entering his/her order or the specific features of the PACKAGE or the ITEM entrusted to GROOMBOX);

In case of delay or non-performance, when such delay or non-performance is due to a case of force majeure, as defined by French case-law;

In case of an extraneous cause non attributable to GROOMBOX;

For any indirect or intangible damages such as loss of opportunity, loss of profit, loss of contract or damage to the image.

Moreover, it is specified that GROOMBOX does not control the websites that are directly or indirectly linked to the WEBSITE. Consequently, no type of liability arising from the information published thereof may be incurred. Outbound links to third party websites are provided for information purposes only and GROOMBOX cannot guarantee the accuracy of their content.

11.2. Liability related to SERVICES

11.2.1. Dry Cleaning

11.2.1.1. Exclusion of liability

GROOMBOX shall not be held liable:

In case of hidden defects of the ITEMS;
In case of the deterioration of the ITEM due to the absence of composition label or an incorrect composition label;
In case of deterioration regarding the reserves stated in the drop-off ticket;
In case of cleaning and/or insufficient removal of the stains if the dirty marks on the ITEM cannot be removed without damaging it by applying the usual cleaning methods and products.
In case of deterioration of buttons and embellishments, which the CUSTOMER accepts expressly.

 11.2.1.2. Limitation of liability

Within the framework of the provision of its services, GROOMBOX is only bound by an obligation of means and commits itself to making all necessary efforts to provide high quality services to its CUSTOMERS.

Nonetheless, if GROOMBOX were held liable, the compensation of the CUSTOMER would be calculated according to the scale of compensation set out by the French Federation of Dry-cleaners and Laundries (FFPB) available online at www.ffpb.fr and reproduced in Appendix 2.

The contracting PARTIES expressly agree that a reduction shall be applied to the above-mentioned scale of compensation, according to the age of the ITEM. Therefore, in accordance with applicable business practices, the compensation shall be equal to:
80% of the amount set out in the compensation scale for an ITEM of under three months;
60% of the amount set out in the compensation scale for an ITEM of over three months and under thirty months;
30% of the amount set out in the compensation scale for an ITEM of over thirty months.

Nonetheless, in the event:

The ITEM declared value is superior to that set out in the scale of compensation the declared value shall be taken into consideration upon presentation of the proof of purchase. Failing that, the amount set out in the scale of compensation applies.
The ITEM has a value evidently very inferior to that set out in the scale of compensation, the compensation shall not exceed the actual value of the ITEM.

Moreover, in the event of the deterioration or loss of all or part of an outfit (a 3-piece suit, a woman outfit, soft furnishings, bed linen, etc.), the compensation corresponding to the reimbursement of the outfit shall only be claimed if all pieces were entrusted to be treated. Otherwise, only the entrusted ITEM shall be reimbursed.

Rips and small tears shall be repaired at GROOMBOX’s expenses without the CUSTOMER being able to claim any further compensation.

11.2.1.3. Specific guarantees

GROOMBOX informs the CUSTOMER that some ITEMS may suffer a slight deterioration, in the absence of fault on the part of GROOMBOX, which shall treat such ITEMS with caution.

In such cases, GROOMBOX shall not be held liable.

11.2.2.     Laundry

11.2.2.1.  Exclusion of liability

GROOMBOX shall not be held liable:
As regards laundry services on a per kilo basis
In case ITEMS not withstanding the same treatment are mixed together, given that GROOMBOX does not proceed to such sorting and control;
As regards laundry services on a per piece basis
In case of ITEMS without composition label;
In case of ITEMS to which special treatments were applied without notifying GROOMBOX;
In case of worn-out ITEMS that do not withstand regular washings.

11.2.2.2. Limitation of liability

If GROOMBOX were held liable within the framework of its “Laundry” services, it is expressly agreed between the parties that:
– The compensation amount that may be due to the CUSTOMER shall not exceed the declared value of the ITEM, after verification of the corresponding proof of purchase.
– In case no value was declared for the ITEM or no proof of purchase was provided, the compensation amount that may be due to the CUSTOMER shall not exceed ten (10) times the amount charged for such SERVICE.

11.2.3. Alterations

11.2.3.1. Exclusion of liability

GROOMBOX shall not be held liable in case of worn-out ITEMS that cannot withstand the requested SERVICE.

11.2.3.2. Limitation of liability

If GROOMBOX were held liable within the framework of its ‘Alterations’ services, the compensation amount that may be due to the CUSTOMER shall not exceed ten (10) times the amount charged for such SERVICE.

11.2.4. Shoe repair

11.2.4.1.  Exclusion of liability

GROOMBOX shall not be held liable in case of worn-out ITEMS that cannot withstand the requested SERVICE.

11.2.4.2.  Limitation of liability

If GROOMBOX were held liable within the framework of its ‘Shoe repairs’ services, the compensation amount that may be due to the CUSTOMER shall not exceed ten (10) times the amount charged for such SERVICE.

 11.2.5. Package Delivery

If GROOMBOX were held liable within the framework of its ‘Package Delivery’ services, the compensation amount that may be due to the CUSTOMER shall not exceed ten (10) times the amount charged for such SERVICE.

In accordance with Article L 133-3 of the French Code of Commerce, the reception of carried ITEMS and PACKAGES shall extinguish any action against GROOMBOX for damage or partial loss if the CUSTOMER fails to notify GROOMBOX, by extra-judicial act or by registered mail, of his/her justified claim, within three days from the date of the reception, excluding public holidays.

PACKAGES shall be properly packaged and packed in order to withstand the transport and/or the storage in normal conditions, as well as the successive handling that are necessarily involved in the process.

It shall not cause a hazard for GROOMBOX staff, the environment, the security of transport equipment, the other transported or stored PACKAGES, vehicles or any third party.

Each and every PACKAGE shall be labelled clearly to enable an immediate and unequivocal identification of the CUSTOMER.

The CUSTOMER shall be fully liable for all consequences arising from the default, the inadequacy or the defective quality of the packaging, the marking or the labelling.

12. GMILES PROGRAMME

These Terms and Conditions of GROOMBOX Loyalty and Sponsorship rewards Programme are set out in the Terms and Conditions of Sales of the website groombox.fr

GROOMBOX implements a Sponsorship rewards programme (hereinafter referred to as ‘”SPONSORPHIP”) based on the possibility for CUSTOMERS to send an invitation to use the SERVICES available on the WEBSITE to his/her contacts i.e. friends, colleagues, relatives…(hereinafter referred to as “REFEREE”)

It should be noted that GROOMBOX SPONSORPHIP programme is free of charge and enables CUSTOMERS and REFEREES who signed up to benefit from discounts.

Within the framework of the SPONSORPHIP programme, the CUSTOMER is provided with a unique and personal link (hereinafter referred to as “PROMOTIONAL CODE”) he/she can use either by printing it on flyers designed by GROOMBOX he/she then gives directly to his/her contacts, or by copying such link on emails he/she sends via his/her personal mailboxes or by copying it on his/her public profiles.

CUSTOMERS are clearly informed that GROOMBOX reserves the right to close, without prior notice, any account that has spam characteristics.

Within the framework of the SPONSORPHIP programme, GROOMBOX offers discounts to both the CUSTOMER and the REFEREE on future SERVICE purchases.

The CUSTOMER’s reward is granted provided the two following conditions are met:
– The REFEREE signed in with GROOMBOX using the PROMOTIONAL CODE provided by the CUSTOMER;

– The REFEREE placed a order of SERVICE amounting to at least 20 Euros (twenty Euros), all taxes included.
The reward amount is set at 5 Euros (five Euros) for the CUSTOMER and the same CUSTOMER can only be granted one time a reward by signed-in REFEREE. The reward is automatically credited to the GMILES account of the CUSTOMER. The CUSTOMER’s reward shall be automatically deducted from the total amount of his/her next purchase of SERVICES.

The REFEREE’s reward is set to 25% off his/her first purchase of SERVICES, up to the limit of a €25 (twenty five euros) discount.

13. STORAGE TIME

All ITEMS and PACKAGES entrusted to GROOMBOX are stored free of charge in its warehouse for maximum one (1) year. Beyond that period, the ITEM shall be considered as stored on a for-profit basis.

As an exception to the previous paragraph, it is nonetheless specified that ITEMS with a declared value exceeding 500 Euros shall be considered as garments stored on a for-profit basis if they are not collected within a week.

The CUSTOMER is informed that beyond one year, GROOMBOX shall be entitled to sell uncollected items at public auction.

14. PERSONAL DATA

GROOMBOX collects personal data about its CUSTOMERS through its WEBSITE in order to provide its SERVICES.

In this regard, CUSTOMERS are invited to refer to the Privacy Policy of the WEBSITE available at https://www.groombox.fr/cgv-et-confidentialite/.

15. LIEN

GROOMBOX has a general and permanent lien on each and every ITEM and PACKAGE in its possession as a guarantee of all receivables (invoices, interests, costs incurred, etc.) GROOMBOX has against the CUSTOMER.

16. CLAIMS

Any claim has to be formulated via the form available on this link https://contact.groombox.fr/hc/fr/requests/new , 72 hours after the order has been delivered.

GROOMBOX provides the CUSTOMER with a ‘Customer Support Centre’ 0975183834 (toll-free number). Any CUSTOMER written claim must be mailed to GROOMBOX’s registered office address.

17. INTELECTUAL PROPERTY

Brands, logos, slogans, graphics, photos, animations, videos, texts, database, software, graphical charter on the WEBSITE, are the exclusive property of GROOMBOX and cannot be reproduced, used or represented without the express permission of GROOMBOX, under threat of legal action.

Any representation of the WEBSITE and its content, in whole or in part, by any process whatsoever, without the express prior authorization of GROOMBOX, is forbidden and shall constitute an infringement sanctioned by Articles L. 335-2 and seq. and Articles L.713-1 and seq. of the French Code of Intellectual Property.

Moreover, GROOMBOX expressly prohibits:

1° the extraction by permanent or temporary transfer of all or a substantial part, evaluated quantitatively or qualitatively, of the content of a database to another support, by any mean and under any form whatsoever;

2° The reuse, by making it available to the public, of all or a substantial part, evaluated quantitatively or qualitatively, of the content of a database, under any form whatsoever.

Anybody who edits a website and wishes to create a direct hypertext link to the WEBSITE must obtain the prior written authorization of GROOMBOX.

Such authorization shall not be deemed final and biding. The said link shall be deleted at GROOMBOX’s request. Hypertext links to the WEBSITE using techniques such as framing or in-line linking are strictly prohibited.

18. FORCE MAJEURE

GROOMBOX reserves the right to put on hold, postpone, modify or cancel the fulfilment of the order in case events or circumstances of force majeure or fortuitous occurrences or events or circumstances contractually assimilated to force majeure events or fortuitous occurrences arise, even if they do not fall within the legal definition, such as: fire, work stoppage beyond the control of the company or any of its suppliers or subcontractors, flooding, epidemic, war, requisition, strike, hurricane, tornado, earthquake, revolution, theft of materiel, either in part or in whole, interruption or delay in transportation, transportation damage, lack of raw material, machinery accidents, lack of fuel or any other source of energy, as well as in the occurrence of any circumstance or event beyond the control of GROOMBOX arising after the conclusion of the contract and impeding the fulfilment of the order under normal conditions.

It is stated that in such circumstances, the CUSTOMER cannot claim compensation and cannot take action against GROOMBOX.

Should the above-mentioned events arise, GROOMBOX shall endeavour to notify the CUSTOMER as soon as possible.

19. VALIDITY OF THE TERMS AND CONDITIONS

Any change in the applicable legislation or regulations, or any competent court ruling rendering void one or several clauses of these Terms and Conditions shall in any way affect the validity of these Terms and Conditions. Such changes or rulings shall not, under any circumstances, authorize CUSTOMERS to ignore these Terms and Conditions.

Any condition not specifically addressed herein shall be governed in compliance with the regulations of retail trade for companies headquartered in France.

20. CHANGES TO THE TERMS AND CONDITIONS

These Terms and Conditions are applicable to all online SERVICES purchases made through the WEBSITE.

The Terms and Conditions are dated precisely and may be changed or updated by GROOMBOX at any time.
The applicable Terms and Conditions are those in effect at the time of the creation of the ACCOUNT and at the time of each order.

All amendments made to the Terms and Conditions shall not apply to SERVICES already paid.

21. JURISDICTION AND APPLICABLE LAW

These Terms and Conditions, as well as the relationships between the CUSTOMER and GROOMBOX, are governed by French laws.

In the event of a dispute, the French courts shall have sole jurisdiction.

Nevertheless, prior to resorting to any arbitration or State judge, negotiations led in a spirit of loyalty and good faith shall remain the first choice in order to reach a mutual settlement in the event of any conflict arising from this agreement, including questions related to its validity.

The party that wants to start the negotiation process shall inform the concerned party by registered letter with acknowledgement of receipt indicating the elements of the conflict. If within fifteen (15) days the parties are unable to reach an agreement, the dispute shall be brought before the competent court referred to hereinafter.

During the negotiation process and until its outcome, the concerned parties refrain from taking any legal action against each other related to the dispute that represents the scope of negotiations. By way of exception, the concerned parties are authorized to approach the summary court or to ask for an order on request. A potential claim at the summary court or the enforcement of an order on request does not force any of the parties to give up the mutual settlement clause, unless explicitly expressed otherwise.

APPENDIX 1 – WITHDRAWAL POLICY

The CUSTOMER has the right to withdraw from this agreement without giving any reason within fourteen (14) days from the date on which the agreement was concluded between GROOMBOX and the CUSTOMER.

Notification of the withdrawal right  

In order to exercise his/her right of withdrawal, the CUSTOMER must notify his/her decision of withdrawal from this agreement by means of a clearly worded statement at confidentialite@groombox.fr or at GROOMBOX ‘s registered office address.

He/She may also use the following form:

WITHDRAWAL FORM

In order to comply with the withdrawal period, the CUSTOMER must send his/her notification regarding the exercise of his/her right of withdrawal prior to the expiry of the withdrawal period.

Effects of Withdrawal

In case of CUSTOMER withdrawal, GROOMBOX agrees to reimburse the entire amount paid, without undue delay and, in any case, within fourteen (14) days from the date when GROOMBOX is informed of the CUSTOMER’s will to withdraw.

GROOMBOX will proceed to refunding using the same payment method as the one used by the CUSTOMER for his initial transaction, unless the CUSTOMER explicitly agrees to a different method; in any case, reimbursement shall not incur costs for the CUSTOMER.

Exceptions from the Right of Withdrawal

The right of withdrawal is not applicable to the following situations:

Service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;
The supply of goods or services for which the price depends on fluctuations in the financial market;
The supply of goods made to the CUSTOMER’s specifications or clearly personalised;
The supply of goods which are liable to deteriorate or expire rapidly;
The supply of sealed audio or video recordings or software that have been unsealed after delivery;
The supply of Newspapers, periodicals, magazines (except for subscription contracts);
The provision of accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities if the offer provides a specific date or period of performance;
The supply of goods which, by their respective nature, are inseparably mixed with other items;
The supply of sealed goods which cannot be returned on grounds of health or hygiene protection, and were unsealed by the CUSTOMER after DELIVERY;
The supply of alcoholic beverages whose price has been agreed upon at the time of the conclusion of the sales contract, and whose delivery may only be performed after 30 days, and whose actual value is dependent on fluctuations on the market which is beyond the control of GROOMBOX;
The supply of digital content not supplied dematerialized if the performance has started with the prior explicit consent of the consumer who has also thus agreed to waive his right of withdrawal from Contracts concluded at a public auction.

APPENDIX 2 – SCALE OF COMPENSATION

Pursuant to Article 11.2.1, in the event GROOMBOX were held liable, the CUSTOMER’s compensation would be calculated based on the scale of compensation set out by the FFPB as shown below: