GENERAL CONDITIONS OF PURCHASE
- IDENTIFICATION OF THE ENTITY RESPONSIBLE FOR THE WEBSITE.
- Contact: Grisea Matter Inc.
- Mailing address: 1810 E. Sahara Ave. Suite 1627 – Las Vegas, NV – USA
- Email address: firstname.lastname@example.org
These general conditions (hereinafter, the “General Conditions”), together, where appropriate, with the particular conditions that may be established (hereinafter, the “Particular Conditions”), are intended to expressly regulate the conditions applicable to the purchasing processes carried out by users (the “Customer”) of products and/or services offered by Grisea Matter Inc. through its website www.fruitwall.com.
These General Conditions will remain in force and will be valid for as long as they are accessible through the Website, notwithstanding that Grisea Matter Inc. reserves the right to modify, without prior notice, both the General Conditions and Particular Conditions, as well as any of the legal texts that are found on the Website. In any case, access to the Website after their modification, inclusion and/or substitution implies acceptance thereof by the user.
The Customer is subject to the General Conditions in force at all times during the corresponding purchase, and it is not possible to purchase any product and/or service without prior acceptance of these General Conditions and, where applicable, the Particular Conditions that regulate the provision of certain services. The time of validity of the Conditions coincides with the time of their exposure, until such time as they are totally or partially modified. New Conditions will be applicable from the moment they are available to the Customer, and are thus fully accessible.
All acquisitions of products purchased through the Website, upon identification and authentication via the username and password selected by the Customer will be considered valid and binding. Consequently, the Customer will be exclusively responsible for any purchases of products through the Website by any third party that makes use of their username and password. The placing of orders through the Website by a minor who falsifies their user information will be understood as having been carried out under the supervision and authorization of their parents, guardians or legal representatives.
In case of any contradiction between the terms and conditions stated in these General Conditions and the Particular Conditions, the conditions agreed to in this document will always prevail over those incompatible terms, and only with respect to those Products subject to said specific conditions.
The electronic procurement process through the Website www.fruitwall.com will be realized between the “Customer” and Grisea Matter Inc. with the Website understood as the “Point of Sale” of Grisea Matter, Inc. chosen by the Customer during the procurement process.
Users considered to be the “Customer” of the website www.fruitwall.com are those physical persons who are also residents in the “Authorized Territory of Sale” which includes Andorra, Austria, Belgium, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland,. Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom (UK), United States (USA), who are of legal age (over 18 years of age) and have an Identity Document, Passport, or any valid identification document or, as the case may be, legal persons that suitably prove their conditions and accept these General Conditions and Particular Conditions that may apply accordingly. It is expressly forbidden the purchase of Products through the Website by minors, users who do not reside in the “Authorized Territory of Sale” or by users who do not meet the requirements set forth in these General Conditions and Particular Conditions, if applicable.
The “Point of Sale” will be understood as the Website of Grisea Matter Inc., www.fruitwall.com.
- ACCESS AND REGISTRATION ON THE WEBSITE.
Access to and consultation of the catalog of products and/or services published on the Website www.fruitwall.com is unrestricted and free of charge, and does not require user registration until the time of purchase. In order to begin the purchasing process for products and/or services displayed on the Website, it is essential that users register, following the instructions provided below.
4.1 Requirements to register as a user.
In order to register as a user it is an essential requirement to be over eighteen (18) years of age and to provide all required data and data otherwise indicated as mandatory on the form provided by Grisea Matter Inc., available on the Website. The registered user assumes that his user account is personal and non-transferable. Both natural persons and legal entities are able to register on the Website.
All registered users will have an access password, which in every case will be personal, non-transferable, will have limited temporary validity and must meet minimum length and security requirements. The user may modify or recover said password at any time, following the instructions set out on the Website.
By virtue of the foregoing, it is the obligation of the user to immediately notify Grisea Matter Inc. of any matter or incident that allows the improper use of identifiers and/or passwords, such as theft, loss or unauthorized access to them, in order to process their immediate cancellation. Until such events are reported, the provider will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.
4.2 Deregistering as a user.
The legal relationship derived from registering as a Customer of the Website has an indefinite duration. Any of the parties may terminate or suspend the present contractual relationship unilaterally at any time and without further cause beyond will in this regard, without harming obligations that arise from the formalization of orders prior to the termination of the relationship. The Customer may unilaterally exercise the right of termination via the account cancellation process.
Similarly, Grisea Matter Inc. reserves the right to cancel the user name and password, and therefore access to the Website, of those users who contravene these Conditions of Purchase.
- ELECTRONIC PRODUCT PROCUREMENT PROCEDURE.
- Information and availability of products offered.
All information related to the products and/or services offered by Grisea Matter Inc. through the Website www.fruitwall.com will carry the following information regarding each of them:
- Product brand
- Product model
- Product images
- Product description
- Price of the product
- Product discounts (if applicable)
- Technical specifications of the product
- Product availability (stock)
- Users’ opinions and evaluations
- Other related and recommended products
In the event that the Website does not have stock of any of the products ordered, Grisea Matter Inc. will inform the Customer of said situation and proceed to refund, without undue delay, the amount(s) that have been paid for said product(s).
- Phases of the electronic procurement procedure.
Once the user selects the products and/or services offered by Grisea Matter Inc., the user must follow the phases of the procurement process indicated below:
Phase 1. – Verification of the Shopping Cart: the User, upon completing the selection of products/services that he/she wishes to purchase, must verify the shopping cart, the number of units, the price thereof, and the shipping costs and times. The User must also select the method of delivery if there is more than one available in that case.
Phase 2. – Provide Billing and Delivery Information: the User, upon validation of the Shopping Cart, must provide Grisea Matter Inc. with billing and shipping information for the products and/or services and must expressly accept, by marking the corresponding box, the present Conditions of Purchase. If the acceptance box is not checked, the Website will not allow the procurement procedure to continue.
Phase 3. – Select the Payment Method: The User, upon providing billing information and, where necessary, shipping information, must select the desired method of payment.
Phase 4. – Payment of the total monetary amount: The User will be automatically redirected by the system to the online payment platform of the corresponding payment processor.
Phase 5. – Confirmation of Purchase: Within 24 hours from the moment of successful payment of the purchase by the Customer, Grisea Matter Inc. will send the Customer an email providing a summary of all the characteristics of the purchase/ sale made.
This email will be considered as the “Proof of Purchase.”
Likewise, by accepting these General Conditions of Purchase, the Customer agrees to receive invoices derived from the purchase of goods and/or services from Grisea Matter Inc. in electronic format, if requested.
For all purposes, the purchase will be understood as being carried out at the address of Grisea Matter Inc., at which the sale/purchase is made on behalf of the Customer subject to value added taxes (VAT), which will be treated according to the particular guidelines of the billing address of each Customer.
- FINANCIAL CONDITIONS AND FORMS OF PAYMENT.
- Financial conditions.
All products and/or services offered on the Website display the associated final price of the product as well as, where applicable, any discounts that may apply to said purchase.
The prices shown on the Website are applicable exclusively to the Products offered through said channel and during the time they are published, existing the possibility that the same products may have different prices in other establishments or websites.
Product prices will be shown in USD (American Dollars) or EUR (Euros) depending on the Customer’s point of access and will include the corresponding VAT in each case, as well as any other tax that is legally valid and applicable at that time. Prices displayed do not include potential shipping costs, which are identified independently before the purchase is confirmed.
In the case that Grisea Matter Inc. identifies a manifest error in the price of any published Products, it shall immediately inform the Customer as well as rectify the corresponding publication on the Website. The Customer shall have the option to reconfirm his or her purchase at the correct price through the “My Account” section or, alternatively, cancel the purchase.
Grisea Matter, Inc. expressly reserves the right to modify prices at any time, without prior notice; however, the effective rates displayed on the Website at the time of the corresponding order will be applied.
- Forms of Payment
To proceed with payment, the Customer must follow each and every one of the instructions shown in Phase 3 of the Electronic Procurement Procedure previously described.
All means of payment provided by Grisea Matter Inc. are subject to confirmation and authorization by the issuing entities of the means of payment (card issuers and/or issuers of payment accounts). If such an entity fails to authorize payment, the purchase procedure initiated cannot continue and the order will be automatically canceled and the sale of the Product(s) requested will be understood as unsuccessful.
The charge for the price of the Product(s), shipping costs, as well as any applicable taxes, will only be made at the moment in which the order is carried out.
To carry out the electronic payment, Grisea Matter Inc. has installed an electronic commerce payment gateway. All data provided to Grisea Matter Inc. for this purpose are properly encrypted to ensure maximum security and confidentiality of the same, and are stored in a “Secure Socket Layer” (SSL) server.
Under no circumstances will Grisea Matter Inc. store card data provided by Customers through the payment gateway, and data will only be kept in order to be able to identify payments in the collection provider while the purchase is made, the payment is carried out, and until the cancellation period has elapsed, in order to be able to return the corresponding monetary amounts, if necessary.
- CONDITIONS OF PRODUCT SHIPMENT.
Products purchased through Grisea Matter Inc.’s Website will be shipped to the mailing address indicated on the order form, which must not correspond to a post office box or public place, such as public roads, squares, stations, airports or similar.
In general, the delivery will be made within a period of between one and three business days from the time of confirmation of the order to the mailing address included in the order data, except for reasons of force majeure. The delivery note will be sent together with the Product(s).
- RIGHT OF WITHDRAWAL OF ORDERS.
The User has the right to cancel the purchase made through the Website as well as, if unsatisfied, the right to return the Product within a maximum period of thirty (30) calendar days from acquiring possession of the product(s) or from the formalization of the contract in the case of hiring services.
The right of withdrawal can be exercised by contacting the Customer Service Department, which will indicate the necessary steps to be followed.
The return will include the amount of the purchase and delivery costs, if applicable. The return will be made using the same means of payment with which the Product was purchased, discounting any return costs generated by the transaction, which will be borne by the Customer.
The Customer must return the products subject to withdrawal without any undue delay and in any case no later than within fourteen (14) calendar days from the date on which the withdrawal decision was communicated.
The refund of the amount corresponding to the withdrawal will be made within a period of fourteen (14) calendar days from the date on which the decision of withdrawal from the contract has been effectively and unequivocally communicated, and provided that the goods or products subject to withdrawal have been previously received, otherwise the disbursement may be withheld until the receipt of said goods or until the Customer confirms the return of the goods.
The following are excluded from the right of withdrawal:
- The provision of services, once the service has been completely executed.
- The supply of goods or services provided in accordance with the Customer’s specifications or otherwise clearly personalized.
- The supply of sealed goods that are not suitable to be returned for reasons related to health or hygiene and that have been unsealed after delivery.
- The supply of digital content (that is not provided in a material format) once downloading has begun. The Customer expressly acknowledges that once the digital download begins, the right of withdrawal will be lost.
The Customer will be responsible for any decrease in the value of goods resulting from a manipulation of the same, other than that necessary to establish its nature, its characteristics or its operation. In any case, for the purposes of making use of the right of withdrawal, Products must be returned in their original packaging together with the invoice. In the event that Products are returned without said original packaging or with defects, the amount to be paid to the Customer for the return of the product will be reduced by the corresponding amount. Before returning the Product, the Customer must ensure that the Product is properly protected and sealed so that it does not suffer any damage during transport.
When the Product(s) acquired fail to conform with or correspond to the offered characteristics, present defects that impede its normal use according to its nature, or fail to offer the described benefits, the Customer will have the right to compensation for the good acquired within a period of two (2) years from the purchase and under the conditions set out in the regulations governing the guarantee corresponding to the Customer’s billing address, while preserving the ability of Grisea Matter Inc. to verify said defects, their origin and the moment of their appearance.
In any case, the Customer must request the product’s collection by Grisea Matter Inc. within a maximum period of two (2) months from the date of confirmation of the defect. The Customer must inform about the nature of the problem, the moment of its appearance and the conditions under which it occurred.
Likewise, the Customer has the right to compensation for the Product. In every case, those regulations regarding the guarantee of goods sold corresponding to the Customer’s billing address shall be applied. If the product is defective, Grisea Matter Inc. will be responsible for replacing the product, whenever possible and without cost to the Customer. If, for questions of availability the Product cannot be replaced, a full refund of the purchase will be made or a repair will be agreed upon with the Customer.
- CUSTOMER SERVICE AND AFTER SALES SERVICE.
Any query, suggestion, complaint or claim related to the online sale of Product(s) can be made through our Customer Service Department using the corresponding web form: https://fruitwall.com/contact.
- EXEMPTION FROM RESPONSIBILITIES.
Grisea Matter Inc. cannot guarantee the technical continuity of the Website, the absence of faults or interruptions of the service, or that the Website will be available or accessible one hundred percent of the time. Nor can it guarantee the absence of viruses or other harmful components on the Website or on the server from which it is provided.
- HANDLING OF PERSONAL DATA.
The present conditions have been made available with due notice. In addition, Grisea Matter Inc. provides at your disposal the present Conditions of Purchase so that they can be stored and reproduced, thus fulfilling legal duties regarding prior information.
Grisea Matter Inc. reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, its functionalities and/or the contents included therein. The Customer expressly acknowledges and accepts that at any time Grisea Matter Inc. may interrupt, deactivate and/or cancel access to and/or use of the Website, without Grisea Matter Inc. being responsible for such an action.
In the event that any provision or provisions of these Conditions of Purchase are considered null or unenforceable, in whole or in part, by any judge, court, or competent administrative body, such nullity or non-application shall not affect the remaining provisions. In this case, the affected clause or clauses will be replaced by another clause or clauses that have effects most similar to those substituted clauses.
- APPLICABLE LEGISLATION, RESOLUTION OF DISPUTES AND COMPETENT JURISDICTION.
The parties expressly agree that this contract shall be governed and interpreted, in all its terms and conditions, in accordance with the current legislation of the United States of America and more specifically those that govern the States of Nevada, headquarters of Grisea Matter Inc.
For any questions or divergences that may arise from the interpretation, compliance and execution of this contract, the parties shall be expressly subject to the jurisdiction and competence of the Courts and Tribunals of the State of Nevada.
To submit claims related to the use of our services, you can contact us by email at the address indicated in the “Identification” section, and we commit to always seeking an amicable solution to the conflict.
Last update: May 25, 2018