Preliminary Article: Publisher of the offer
The following provisions establish the general conditions of sale of the products offered for sale on the site www.frenchfarm.ac (hereinafter “the Site”),
Between,
The company FRENCHFARM.AC
Simplified joint stock company with capital of €1,250
Registered with the Paris Trade and Companies Register under number 837 547 884
Publication Director: Benoit GAILDRAUD
Website host: OVH company, 2 rue Kellermann – 59100 Roubaix
(Hereinafter “ FRENCHFARM.AC ”).
And,
Any natural person of legal age, with the legal capacity to contract, domiciled exclusively in Metropolitan France (hereinafter “the Customer”) making a purchase of a Product on the Site.
Article 1 – General provisions relating to these general terms and conditions of sale (hereinafter the “GTC”)
1.1. Purpose
The T&Cs apply exclusively to the online sale of products appearing on the site, access to which is free and open to all adult Internet users.
1.2. Scope of application
The General Terms and Conditions exclusively govern online sales contracts for FRENCHFARM.AC products to customers and, together with the online order, constitute the contractual documents binding on the parties, to the exclusion of all other documents, prospectuses, catalogues or photographs of the products which have only an indicative value.
The General Terms and Conditions are exclusively applicable to products delivered to customers established in France and/or in a member country of the European Union.
The T&Cs are written, as well as all contractual information mentioned on the site, in French.
1.3. Enforceability of the T&Cs
The General Terms and Conditions are binding on the customer who acknowledges, by checking a box provided for this purpose, having read and accepted them before placing an order.
Validation of the order by its confirmation constitutes acceptance by the customer of the General Terms and Conditions in force on the day of the order.
1.4. Modification of the T&Cs
FRENCHFARM.AC reserves the right to modify its T&Cs at any time.
In the event of modification of the T&Cs, the applicable T&Cs are those in force on the date of the order, a copy of which dated on that date may be provided to the customer upon request.
1.5. Clauses of the T&Cs
The invalidity of a contractual clause does not entail the invalidity of the General Terms and Conditions.
The temporary or permanent non-application of one or more clauses of the T&Cs by FRENCHFARM.AC cannot be considered a waiver on its part of the other clauses of the T&Cs which continue to produce their effects.
Article 2 – Products
The products offered for sale presented in the catalog published on the site are each the subject of a description mentioning their essential characteristics within the meaning of article L. 111-1 of the consumer code.
The photographs illustrating the products do not constitute a contractual document.
The method of use of the product, if it is an essential element, is mentioned in the electronic catalogue or at the latest upon delivery.
Products are offered and delivered within the limits of available stocks.
In the event of unavailability of the product ordered, FRENCHFARM.AC will immediately inform the customer and will refund the order within 7 days.
Apart from the reimbursement of the price of the unavailable product, FRENCHFARM.AC is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
Article 3 – Price
The sales prices are indicated, for each of the products appearing in the electronic catalogue, in euros including all taxes, excluding delivery and transport costs.
Delivery and transport costs are mentioned before validation of the order and invoiced in addition. They are set out on the order form.
The sale price of the product is that in effect on the day of the order.
The sale price of the products does not include shipping costs charged in addition to the price.
The total amount due by the customer is indicated on the order confirmation page.
In the event of a price promotion, FRENCHFARM.AC undertakes to apply the promotional price to any order placed during the period of advertising for the promotion.
FRENCHFARM.AC reserves the right to modify its prices at any time, while guaranteeing the customer the application of the price in effect on the day of the order.
Article 4- Offer
The online sales offers presented on the site are reserved for customers residing in France and/or in a member country of the European Union and for deliveries in these same geographical areas.
The online sales offers presented on the site are valid, in the absence of any indication of a specific duration, as long as the products appear in the electronic catalog and within the limit of available stocks.
The customer's acceptance of the offer is validated, in accordance with the double-click process, by confirmation of the order.
Article 5 – Order
5.1. Steps for concluding the contract
To place an order, the customer, after having filled his virtual basket by indicating the selected products and the desired quantities, then clicks on the button "Proceed to order" and provides the information relating to delivery and the method of payment.
Before clicking on the button, the customer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.
The sales contract is formed at the time the customer sends confirmation of their order.
5.2. Modification of order
Any modification of the order by the customer after confirmation of the order is subject to acceptance by the professional seller.
5.3. Confirmation of the order
An email acknowledging receipt of the order and payment is sent by FRENCHFARM.AC as soon as possible.
FRENCHFARM.AC reserves the right to refuse any order for legitimate reasons and in particular if the quantities of products ordered are abnormally high for customers with the status of customers.
5.4. Archiving
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium in accordance with Article L. 134-2 of the Consumer Code in order to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code. These communications, purchase orders and invoices may be produced as proof of the contract.
Article 6- Payment
The price of the products is payable in full after confirmation of the order.
The transaction is debited from the Customer's account on the day the order is shipped.
6.1 Payment terms
Payment is made online at the customer's choice, in euros, by bank card or by Paypal account.
By Paypal, the general conditions of use of Paypal apply. This solution protects the information that the customer communicates to FRENCHFARM.AC and guarantees the compliance and security of each transaction.
6.2. Payment security
For credit card payments, the site has a VivaWallet online payment security system which integrates the SSL security standard.
This data is automatically transmitted in encrypted mode (SSL protocol) to be verified in order to prevent abuse and fraud.
By clicking on VivaWallet, the customer is directed to the secure VivaWallet payment site. The customer only needs his bank details. Financial information is never shared with the merchant, thus he benefits from protection against fraud.
6.3. Retention of title clause
FRENCHFARM.AC remains the owner of the products sold until full payment of the price and the customer undertakes, as long as ownership is not transferred, to take all necessary precautions for the proper conservation of the products.
Article 7 – Delivery
7.1. Delivery area
FRENCHFARM.AC delivers all orders to mainland France and the territory of the European Union. The shipment of CBD products is prohibited to the following countries: United States, Israel, China, Hong Kong, Iceland, Iran, Malaysia, Philippines, Russia, Singapore, Slovakia, United Arab Emirates, India.
7.2. Delivery times
FRENCHFARM.AC undertakes to deliver the products within 10 days of receipt of the order.
7.3. Delivery costs
Shipping costs are the responsibility of the customer.
7.4. Delivery terms
The products are delivered to the address indicated by the customer on the order form.
Delivery is made by direct delivery of the product to the customer or, failing that, by sending by FRENCHFARM.AC or one of its service providers a notice of availability to the customer.
Within fifteen days of the notice of availability, the customer must collect the product ordered.
In the absence of collection within the indicated period, FRENCHFARM.AC may, after formal notice from the customer has remained without effect, proceed with collection, automatically cancel the order and retain the deposit paid as compensation.
7.5. Product conformity
When the product is delivered to the address indicated, it is the customer's responsibility to check the condition of the delivered product in the presence of the delivery person and, if necessary, to make reservations on the delivery note or on the transport receipt.
If the product does not comply with the order, the customer must send a complaint to the professional seller in order to obtain the replacement of the product or possibly the resolution of the sale.
7.6. Delivery and transfer of risk
The product, which is delivered to the customer by a carrier chosen by FRENCHFARM.AC, travels at the seller's risk.
The risks of loss or damage to the goods are transferred to the customer at the time he, or a third party designated by him, takes physical possession of the goods, without distinction according to their nature.
7.8. Transfer of ownership
From the actual delivery, the ownership of the product is transferred to the customer.
Article 8 – Legal guarantee of conformity and guarantee of hidden defects
All products supplied by Cebedia benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee of hidden defects provided for in Articles 1641 et seq. of the Civil Code.
The French law applicable to the contract cannot have the effect of depriving the customer residing in another Member State of the provisions on guarantees granted to him by his national law pursuant to the directive of 25 May 1999 concerning the sale and guarantees of consumer goods.
The professional seller cannot be held liable for non-compliance of the product with the legislation of the customer's country, and it is up to him to check whether the product is not prohibited from sale in his country.
Article 9 – Right of withdrawal and return of items ordered
In accordance with Articles L. 221-5 et seq. of the Consumer Code, the customer has a period of 14 days from receipt, by himself or a third party, of the items ordered to exercise his right of withdrawal without having to provide reasons or pay penalties.
To exercise the right of withdrawal, the customer must communicate the withdrawal form or an email containing your name, first name, address and order number and indicating unambiguously that he is exercising his right of withdrawal to the following address: contact@frenchfarm.ac
The cost of returning the product ordered and delivered to the customer will be borne by the customer.
It is up to the customer to provide proof of this return.
The Customer will be refunded the entirety of his order, at the invoiced price, excluding delivery costs, within 15 days of receipt by FRENCHFARM.AC of the returned order. This refund will be made by crediting the customer's bank account corresponding to the bank card used to pay for the order or by the VivaWallet account if the order was paid via VivaWallet.
Returned products must be new, unused, and in their original box if applicable. Any item returned soiled and/or damaged by the customer will not be accepted.
If the return is refused by FRENCHFARM.AC for the reasons set out above, the products will then be returned to the customer at the latter's expense without the latter being able to demand any compensation or right to reimbursement, with the exception of the subsequent exercise of its warranty rights on the products sold.
Article 10 – Complaints and mediation
10.1. Prior complaint
In the event of a dispute, the customer must file an amicable complaint with FRENCHFARM.AC by email: contact@frenchfarm.ac
10.2. Request for mediation
If the claim request fails or if there is no response within two months, the customer has the option of resorting to a conventional mediation procedure or any other method of dispute resolution.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, FRENCHFARM.AC adheres to the Mediator Service of the association MEDIATION EN SEINE (No. 02031320) whose headquarters is at Immeuble le 17, 17/25 avenue du Maréchal Joffre – 92000 NANTERRE.
To submit a complaint to the mediator, the client can contact MEDIATION EN SEINE electronically (or by post) by completing the
form made available at: consommation@mediation-en-seine.org
The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
Article 11 – Personal data
Personal data concerning the user is intended for Frenchfarm.ac.
The user has the right to access, rectify and oppose personal data communicated in application of law n°78-17 of January 6, 1978 relating to information technology, files and freedoms, known as the “Information Technology and Freedoms” Law.
To exercise this right, the user must contact the publisher at the following address: contact@frenchfarm.ac .
Access to certain content on Frenchfarm.ac requires the user to provide us with personal data concerning him/her. The user is informed that during his/her visits to Frenchfarm.ac, a cookie may be installed on his/her computer. These cookies allow:
– to facilitate navigation on the site by recording information relating to the navigation of the user's computer (the pages consulted, the date and time of consultation) in order to remember preferences and facilitate subsequent visits.
– to help personalize the content and advertisements that are presented during consultation of the site.
– to count the articles consulted.
The user can oppose the recording of cookies, or be warned before accepting cookies, by configuring his computer.
SMS Marketing Terms and Conditions:
We use a text messaging platform, which is subject to the following terms and conditions. By signing up for our SMS marketing and notifications, you agree to these terms.
By entering your phone number at checkout and initiating a purchase, subscribing via our subscription form or keyword, you agree to us sending you SMS notifications (for your order, including abandoned cart reminders) and SMS marketing offers. You acknowledge that consent is not a condition of any purchase.
Your phone number, name and purchase information will be shared with our SMS platform "SMSBump Inc, a European Union company with headquarters in Sofia, Bulgaria, EU. This data will be used to send you targeted marketing messages and notifications. When sending SMS messages, your phone number will be passed to an SMS operator to ensure their delivery.
If you wish to opt out of receiving SMS marketing messages and notifications, please reply STOP to any mobile message sent by us or use the unsubscribe link we have provided to you in one of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. Message and data rates may apply.
For any questions, please text "HELP" to the number that sent you the messages. You can also contact us for more information. If you wish to unsubscribe, please follow the procedures above.
Article 12 – Intellectual property
The content of the Frenchfarm.ac site, the general structure as well as the software, texts, images, animated or not, photographs, its know-how and all other elements making up the site are the exclusive property of the company FRENCHFARM.AC or its partners who have granted it a license.
Any total or partial representation of this site by any person whatsoever, without the express authorization of the company FRENCHFARM.AC is prohibited and would constitute an infringement punishable by the Intellectual Property Code.
The distinctive signs of the company FRENCHFARM.AC and its partners, such as domain names, brands, names and logos appearing on the site are protected by the Intellectual Property Code.
Any total or partial reproduction of these distinctive signs made from elements of the site without the express authorization of the company FRENCHFARM.AC is therefore prohibited.
Article 13 – Force majeure
In the event of force majeure as defined by current case law, the performance of FRENCHFARM.AC 's services will be suspended in whole or in part. Force majeure means any external, unforeseeable and insurmountable event preventing FRENCHFARM.AC from performing its contractual obligations.
In the event of the occurrence of an event qualified as force majeure according to the preceding paragraph, FRENCHFARM.AC undertakes to notify the customer as soon as possible.
Article 14 – Disputes, competent court and applicable law
This contract and the General Terms and Conditions governing it are subject to French law.
In the absence of an amicable agreement, any dispute relating to the existence, interpretation, conclusion, execution or termination of the contract as well as all documents related to this contract will be that of the place of domicile of the defendant (article 42 of the code of civil procedure) or that of the place of actual delivery of the thing or execution of the service (article 46 of the code of civil procedure).