GENERAL Terms of sale & Service
All our contracts are subject to these General Terms of Sale, which you formally accept, without reservation, when you sign a purchase order.
- “Customer” or “you” means the signatory of a purchase order as a buyer, a user of the Products, or a wholesaler.
- “ColorGrail” or “we” means the Color Grail Research company (registered office at 182 Rue d’Aulnay, 92350 Le Plessis-Robinson; Nanterre Trade and Companies no. 752 163 576).
- “Software” means any software that we include in Products and Services and all related applications, files, object code, source code and documentation.
- “Product(s)” means a case and/or calibration card and, if applicable, a telephone provided by ColorGrail.
- “Service(s)” means any service related to the use of the Products, in particular, a service provided through our ColorGrail application and our colorgrail.com website.
- “Subscription” means the annual Subscription to ColorGrail Services and relating Products..
- SCOPE OF APPLICATION
2.1 These general terms of sale (hereinafter “GTS”) apply to all sales transactions between ColorGrail and a Customer. The GTS are included in every ColorGrail commercial document, such as a purchase order, invoice or delivery slip, and therefore every Customer will be presumed to have accepted them. In particular, whenever a Customer makes a new purchase or renews their Subscription with ColorGrail, they will be presumed to have expressly accepted the GTS in full, without reservation.
2.2 The purchase order terms and conditions take priority over the pricing policy and GTS, and the provisions of the “Pricing Terms” document take precedence over those in the GTS.
2.3 The GTS may be modified at any time and the updated version is deemed to be the latest version validated by the user, if applicable, in the application.
- PRICING POLICY – PRICES
3.1 ColorGrail’s pricing policy is described in the “Pricing Conditions” document, which you acknowledge having received with these GTS.
We reserve the right to change our pricing policy and prices at any time based on economic or technical factors, provided that we inform the Customer in advance, by email or any other form of written communication.
3.2 All prices in quotes are stated in euros with and without tax and do not include delivery fees.
4.1 The Customer places an order by sending their purchase order:
– by email to: firstname.lastname@example.org
– by postal mail to Color Grail Research, 182 rue d’Aulnay, 92350 Le Plessis Robinson.
We recommend email communication for placing and tracking orders.
With regard to the case and the Subscription to the services available through the application, the Customer is asked to select the options they choose in addition to the standard services of calibration, measurement, sharing and hosting their data in color catalogs.
- CHANGING OR CANCELLING ORDERS
5.1 We inform you in advance that it is not possible to cancel an order that is being shipped. ColorGrail reserves the right to cancel an order if the Product is unavailable.
5.2 To change an order or a Subscription, the Customer must contact ColorGrail by email at: email@example.com
If the change to the Subscription is made during the month, it will take effect at the start of the following month.
5.3 If the Customer is a professional that meets the cumulative conditions set out in Article L121-16-1 III. of the French Consumer Code, the Customer can exercise their right of withdrawal and cancel an order within 14 (fourteen) calendar days. This period of time begins on the date of receipt of the Products.
To exercise their right to withdrawal and to cancel an order, the Customer must contact ColorGrail by email at: firstname.lastname@example.org
Provided that the statutory criteria for withdrawal are met, ColorGrail will reimburse to the Customer the payment received, if any. In the event that the Customer exercises their right to withdrawal after the delivery of the Products, the Customer must return the Products in full and the cost of returning the Products is the responsibility of the Customer. ColorGrail may delay the reimbursement of an earlier payment until it receives the perfectly packaged Products in working order.
5.4 When an order is cancelled, the Customer must return the perfectly packaged Product to ColorGrail. In the event that the returned Product is received damaged by ColorGrail, we reserve the right to invoice the cost of repair to the Customer.
- PAYMENT TERMS
6.1 The Customer must pay for their Subscription by bank transfer at the beginning of their Subscription period.
- PAYMENT DEFAULT
In the event of a failed or late payment of the Subscription, in particular, but not limited to, due to the Customer’s bank’s refusal to make a payment, ColorGrail has the right to take one or more of the following measures:
- apply late payment interest equal to three times the statutory interest rate applied to the amount due, in the event of a late payment;
- and/or immediately block the application and, if payment is more than 3 (trois) months late, destroy the user data saved by the Customer;
- and/or terminate the sale as of right without any further waiting period or formality other than a formal notice to pay within two weeks.
In addition, failure to pay an invoice or a statement after a formal notice has been served will result in:
- the obligation for the Customer to return all Products to ColorGrail within 21 calendar days starting from the date of the formal notice;
- the application as of right, under the penalty clause, of a 10% (ten percent) increase in the amount due.
ColorGrail also reserves the right to:
- refuse to deliver or to fill an order from a Customer who has not paid for a previous order in part or in full or with whom a dispute is ongoing.
- temporarily or permanently block the user account of Customer who defaults on payment.
- PRODUCT OWNERSHIP AND AVAILABILITY – DELIVERY TIMES
8.1 ColorGrail remains the owner of the Products at all times. Any Product is made available to you for the duration of the Subscription taken out (ready to use) and must be returned within 14 (fourteen) calendar days from the date of expiration or termination of the Subscription.
8.2 The Products are made available while supplies last. The product availability information provided by ColorGrail is indicative only. If the Product is out of stock, the indicated time is the time needed to replenish supplies before shipping.
8.3 The estimated delivery time indicated in the order summary takes into account Product availability, the time needed to replenish supplies, and the delivery method. However, the estimated time is indicative only and the Customer will not be compensated for any late delivery.
- DELIVERY ERRORS OR ANOMALIES
Any claim not made using the above procedure or within the required time frame will not be taken into account and enable ColorGrail to exclude any liability whatsoever to the Customer.
- WARRANTY – OBLIGATIONS OF COLORGRAIL AND THE CUSTOMER
ColorGrail agrees to replace a Product that does not function properly during the Subscription period subject to paragraphs 10.2 and 10.3 of the GTS.
The set of calibration cards is valid for one (1) year. The shipping of a new set of calibration cards during the year of validity (in particular, but not limited to, in the event of the loss or theft of the set) is invoiced as of right to the Customer (cost of the cards and shipping costs).
10.2 As a user of the Products made available to you by ColorGrail, you agree – for yourself and on behalf of your directors and employees – to protect and maintain the Products in perfect condition and to take all reasonable steps toward this end.
10.3 You will be fully liable for the value of the Products in each of the following situations:
- theft or loss of the Product(s),
- irreversible deterioration or destruction of the Product(s),
- exposure of the case to liquid or excessive heat from an outside source;
- the case has not been kept clean;
- the pane of the case is visibly scratched or broken; or
- You use the Subscription in any way and/or use one or more Products and/or the application without fully complying with the GTS provided with the delivery of the Products or with the order of a Service.
A compensation is required for ColorGrail products, to cover the event of misuse, deterioration or loss by users. The amount is set in the pricing conditions.
- INTELLECTUAL PROPERTY
11.1 ColorGrail’s intellectual property rights.
ColorGrail and the licensors of ColorGrail are the sole owners of all rights, titles and interests in and to the Products, Services and Software.
ColorGrail does not grant you any intellectual property rights to the elements contained in the Products, Services and Software, in particular, patent rights, know-how, copyrights, trademarks, designs and models, trade secrets, database rights and any other rights or information, whether or not registered or in the process of being granted.
Once you have accepted these GTS, ColorGrail grants you a personal, nonexclusive, worldwide, nontransferable license, which may not be sublicensed, to use our Products, Services and Software in accordance with these GTS and GTU.
ColorGrail reserves all rights not granted by virtue of these GTS and GTU.
ColorGrail and its licensors may take all adequate measures to protect their rights in the event of an infringement of their intellectual property rights and are the sole persons with discretion to decide whether to consider the prosecution of potential counterfeiters.
11.2 Your Content. You hold all intellectual property rights to photos, comments, and messages with suppliers and all other information that you provide and upload to our Products, Services and Software (the “Content”). ColorGrail does not claim any ownership rights to your Content.
When you provide and upload Content to our Products, Services and Software, you are granting us a personal, nonexclusive, worldwide, transferable license, which can be sublicensed, for the functioning and enhancement of our Products, Services and Software. In particular, this license enables us to handle your requests for assistance, diagnose and resolve problems and prevent security breaches and all types of technical issues.
When you use our Products, Services and Software, you can choose to share your Content with your suppliers. Before sharing your Content or making it public, please note that third parties can modify, copy, use or re-share your Content without asking for your prior permission. You assume full liability for the sharing and advertising of this Content.
11.3 Customer’s obligations. When you use our Products, Services and Software, you agree not to:
- Modify, copy, host, share, sublicense or resell our Products, Services or Software;
- Authorize or allow third parties to use our Products, Services or Software;
- Circumvent any access or use of our Products, Services or Software;
- Hinder the proper functioning of our Products, Services or Software, especially through damage, destruction, or disruption;
- Infringe the intellectual property rights of ColorGrail or third parties;
- Provide or upload illegal Content to our Products, Services or Software;
- Breach applicable law.
- QUALITY COMMITMENT – LIMITATION OF LIABILITY
12.1 Quality commitment – obligation of means.
Our Products, Services and Software are covered by intellectual property rights, comply with applicable French law and European Union directives and regulations, and protect the rights of third parties.
ColorGrail makes its best effort to offer quality Products. ColorGrail assumes an obligation of means with respect to the colorimetry result obtained from the use of the Products in compliance with these GTS.
12.2 Limitation of liability. ColorGrail will not be held liable in any way for the nonperformance of the signed contract in the event of force majeure, of a disruption or total or partial strike, in particular affecting postal, transportation or communications services, of flood or of fire and of Product defects and their consequences connected to any external cause or force majeure event. The liability of ColorGrail is limited (i) to any direct damage that you may suffer as a co-contracting party and (ii) to an amount equal to the price of the ongoing Subscription, not including tax.
You expressly agree that ColorGrail’s potential liability does not in any way cover the loss of data or any indirect loss whatsoever, including but not limited to any harm to image or reputation, loss of income, loss of opportunity or loss of current or future profits.
- APPLICABLE LAW – DISPUTES
13.1 The contract resulting from the sale of Products and these GTS are governed by French law.
13.2 In the event of a disagreement or dispute, ColorGrail and the Customer agree to seek a consensual solution, in particular through conciliation, with or without the assistance of a judge. In the absence of a consensual solution, any disagreement or dispute resulting from the performance of the contract or order fulfillment, contract interpretation or the termination of contractual relations will be submitted to the Nanterre Commercial Court, to the exclusion of any other court.
- INFORMATION ABOUT PERSONAL DATA
The purpose of this Privacy and Cookies Policy (“Policy”) is to set out the conditions in which ColorGrail processes the personal data of users and customers (hereinafter “you”) to provide its Products and Services, in particular through its colorgrail.com website and its ColorGrail application.
Before using our services, please carefully read this privacy and cookies policy. If you do not agree to its terms, please do not use our products or services.
14.1 General information
This Policy applies together with the General Terms of Sale and any document or notice referring to this Policy.
For the purposes of this Policy, the following terms are defined as follows:
- “Personal Data” means any information about you and that directly or indirectly enables you to be identified.
- “Product(s)” means a case and/or calibration card.
- “Service(s)” means any service related to the use of the Products, such as services provided through our ColorGrail application and our colorgrail.com website.
ColorGrail is the data controller of all personal data collected and processed in order to enable you to use our Products and Services.
ColorGrail reserves the right to modify this Policy at any time, after having informed you of any significant change with reasonable notice. We recommend that you read this Policy on a regular basis to stay informed of all changes regarding the use of your personal data.
14.2 Personal data collected
In order to provide our Products and Services, we mainly collect the various categories of personal data:
- Identity and contact information enabling you to be identified (such as first name, last name, telephone number, postal address, email address, job title, business sector, and company name);
- Transaction information enabling your order to be processed (such as selected items, delivery address, payment method, and payment details).
The colorimetric and saved color data that is collected and processed using our Products and Services is technical data and not personal data.
14.3 Use of your personal data
ColorGrail collects and processes your personal data identified above, in accordance with laws and regulations on personal data protection and privacy, for the following purposes:
- Perform a contract and measures related to this contract, such as handling your orders, carrying out the agreed sale, managing after-sales service; and/or
- Pursue our legitimate interests, in particular to enable you to use our website and application, diagnose and resolve problems and prevent security breaches and all types of technical issues; and/or
- Carry out marketing and promotion activities when you authorize the processing of your personal data, in particular to receive commercial communications relating to our Products and Services (in accordance with section 6. below); and/or
- Comply with our legal obligations and protect our interests in the event of a dispute.
In addition, we may use anonymous colorimetric and saved color data for statistical purposes.
We retain your personal data for the abovementioned purposes solely for the period of time required to manage our commercial relationship with you. We may also retain your personal data after you have ceased to use our Products and Services in order to meet legal obligations or protect our interests in the event of a dispute.
We disclose and share your personal data for the abovementioned purposes solely to or with the following persons:
- The duly authorized employees of our technical and accounting service providers, who are in charge of, in particular, our customer management solution, contract performance, and the hosting of your personal data,
- Your service providers and suppliers, if you choose to share your data with them,
- Other users, if you choose to share your data with them.
We do not transfer your data outside the European Union.
14.4 Security of your personal data
ColorGrail takes all appropriate technical and organizational measures to protect the privacy and security of your personal data. In particular, physical and logical controls allow only authorized and trained employees of ColorGrail and its subcontractors to access your data, and your data is stored on secure servers.
14.5 Your rights
You may exercise the following rights to your personal data by writing to email@example.com and making a specific request:
- Your right to access, rectify or delete your personal data;
- Your right to object to the processing of your personal data on legitimate grounds;
- Your right to withdraw your consent, on which the processing of your personal data is based, and your right to decide what happens to your personal data after your death;
- Your right to submit a claim to the CNIL in the event of a dispute.
We will respond to your request as promptly as possible and, if required, will ask you for additional information to confirm your identity and process your request.
14.6 Commercial communications
As a professional customer, you will be informed, at the time we collect your email address, of the sending of commercial communications.
In any case, you may withdraw your consent and/or exercise your right to object to the processing of your data in order to no longer receive commercial communications from us, either by following the instructions provided at the end of each of these communications, or by sending a specific request to firstname.lastname@example.org.
Cookies are text files containing a small amount of information downloaded by your computer, your smartphone or any other device connected to the Internet when you visit a website or application.
- Personalize your experience so you can use our Services more quickly and easily. Cookies help us to recognize you and remember your preferences, enabling us to enhance and personalize your activity.
- Enhance our Services and provide you with the best possible customer experience. Cookies help us to produce statistics and understand how you use our Services, enabling us to enhance the structure as well as the content of our Services.
We may use different types of cookies. Persistent cookies are stored on your connected device and, unlike session cookies, remain when you leave your browser. Our own cookies are placed on your device for the abovementioned purposes, while third-party cookies are placed by third parties on our behalf to enable them to provide their services to you. These third parties are responsible for the cookies they place on your device.
To provide our Services to you, we use the following types of cookies:
- Necessary cookies. These cookies are strictly necessary to allow our website and application to function properly. You may not object to the use of these cookies.
- Analytics cookies. These cookies enable us to collect information about the way you use and move around our website and application.
You can choose and modify your cookie preferences at any time using the cookie banner on our website or the settings of your browser.
Cookies requiring you to give your prior consent are stored for 180 days from the date of your consent.
14.8 Contact address