These General Terms and Conditions of Sale are current as of February 1, 2020
1.1. These General Terms and Conditions of Sale (hereinafter “ GTCS ”) are offered by WEEDIT SAS (hereinafter “ The Company ”), SAS with a capital of 1,000 euros, registered in the Trade and Bordeaux companies under number 880 473 699 , whose registered office is 7 Allée de Chartres, 33000 Bordeaux, France. Its non-surcharged telephone number is 0531603199, its email address is firstname.lastname@example.org and its individual intra-community VAT identification number FR44880473699 .
1.2. The company is the owner and publisher of the website https://www.weedzy.com (hereinafter “ the Site ”). The Site is hosted by Infomaniak , (via the WordPress platform ) domiciled at 25 Eugène-Marziano
1227 Les Acacias, Geneva , Switzerland, reachable at +41 22 820 35 44.
1.3. The director of the publication is the Company and its legal representative.
1.4. The Site offers the Customer (hereinafter ” the Customer”) the possibility of purchasing hemp-derived products and accessories ( the “products” ). In accordance with EU regulation 1308/2013 of December 17, 2013 which explicitly authorizes the production, import and marketing of “raw or worked” hemp (cannabis sativa L) provided that the THC content does not exceed 0.2% (EU regulation 1307/2013 of December 17, 2013) . The products are not intended for pregnant women. Products such as ” flowers ” or ” dried flowers ” are exclusively intended for infusion . The Company is not responsible for misuse of the products. The products are not intended to diagnose, treat or cure any disease or illness.
1.5. Before any use of the Site, the Customer must ensure that he has the technical and IT resources enabling him to use the Site and order products on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his material / equipment is in good condition and does not contain any viruses.
- APPLICATION AND OPPOSABILITY OF Terms
2.1. The purpose of these GTCS is to define all the conditions under which the Company markets the products as offered for sale on the Site to Customers. They therefore apply to any Order ( ” Order ”) of products placed on the Site by the Customer.
2.2. The Customer declares to have read and accepted these GTCS before placing their Order.
2.3. The validation of the Order therefore implies acceptance of these GTCS. These are regularly updated, the applicable GTCS are those in force on the Site on the date of placing the Order.
2.4. Any contrary condition posed by the Customer would therefore, in the absence of express acceptance, be unenforceable against The Company regardless of when it may have been brought to its attention.
2.5. The fact that the Company does not avail itself at any given time of any provision of these GTCS, cannot be interpreted as being a waiver of the right to invoke any provision of these GTCS at a later date.
- ORDERING PRODUCTS ON THE SITE
The Company reserves the right to correct the content of the Site at any time.
3.1. The Customer can find on the product page the period during which, or the date until which, the spare parts essential to the use of the product are available on the market.
3.2. The products offered for sale are described and presented with the greatest possible accuracy. However, a variation in the color or presentation of the product (s) does not engage the responsibility of The Company and does not affect the validity of the sale. Pictures may differ from actual products (non contractual photos).
3.3. The Customer selects the product (s) he wishes to buy, and can access the summary of his Order at any time.
3.4. The summary of the Order presents the list of product (s) that the Customer has selected , and includes any additional costs such as the delivery price added to the price of the product (s) of the Order. The Customer has the possibility to modify his Order and to correct any errors before proceeding to the acceptance of his Order.
3.5. After accessing the summary of his Order, the Customer confirms the acceptance of his Order by checking the validation box of the GTCS, then by clicking on the validation icon of the Order. The mention “ Order with payment obligation ” or a similar formula without any ambiguity appears next to the validation icon of the Order in order to ensure that the Customer explicitly recognizes his obligation to pay for the Order.
3.6. After acceptance of the GTCS and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.
3.7. After the validation of his Order and in order to be able to make the payment, the Customer enters the contact details at which he wishes to obtain delivery of the product (s) ordered, and invoicing if they are different. The delivery process for the product (s) ordered is described in ARTICLE 5 of these GTCS.
3.8. The Company then sends him an Order confirmation by email, containing the elements of the summary of his Order and the delivery addresses and, where applicable, invoicing addresses.
3.9. After having validated their delivery and billing details, the Customer proceeds to pay for their Order according to the methods specified below.
- PRICE AND CONDITIONS OF PAYMENT OF THE ORDER
4.1. The prices are mentioned on the Site in the descriptions of the products, in euros and all taxes included.
4.2. The total amount is indicated in the summary of the Order, before the Customer accepts these GTCS, validates his Order, informs and validates his delivery and billing details and if necessary invoices and proceeds to payment. This total amount is indicated in all taxes included.
4.3. The Order of products on the Site is payable in euros. The entire payment must be made on the day of the Order by the Customer, by bank card , except special conditions of sale expressly accepted by the Customer and the Company.
4.4. In the event of payment by bank card, the Site uses the security system of paygreen , a service provider specializing in the security of online payments. This system guarantees the Client the total confidentiality of his banking information. The bank transaction by bank card, carried out between the Customer and the secure system is therefore fully encrypted and protected. The Customer’s bank details are not stored by computer by the Company.
4.5. The Customer guarantees to the Company that he has the necessary authorizations to use the method of payment, when placing the Order.
4.6. The Company reserves the right to suspend or cancel any execution and / or delivery of an Order, whatever its nature and level of execution, in the event of default or partial payment of any sum which may be due by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
5.1. The product (s) offered on the Site can be delivered to mainland France as well as EU member states
5.2. The Company undertakes to deliver the product (s) within a period not exceeding 96 hours from the day after the date of Order (for France & EU member states only). Except Force Majeure case.
5.3. The Customer is informed by email, when his Order is ready, of his shipment. The product (s) ordered is (are) delivered to the delivery address indicated by the Customer when ordering under the conditions specified in article 3.8 of these GTCS.
5.4. The Customer must ensure that the information communicated referred to in article 3.8 of these GTCS is correct, and that it remains so until complete delivery of the product (s) ordered. The Customer therefore undertakes to inform The Company of any change in billing and / or delivery details that may occur between the Order and delivery, by sending, without delay, an email to the Customer Service email address. Failing this, in the event of delay and / or error in delivery, the Customer cannot in any case engage the responsibility of the Company in the event of default of delivery, and the Customer Service of the Company will contact the Customer for a second delivery at the expense of the Client .
5.5. The Company will also not be liable if the non-receipt of products is due to a third party outside of its intervention or in the event of theft .
5.6. In case of return of the Order due to the absence of the Customer, the Customer Service of the Company will contact the Customer for a second delivery at the expense of the Customer.
5.7. The Customer may follow the delivery of his Order by contacting Customer Service, the number of which appears in ARTICLE 6 of these GTCS.
- CUSTOMER SERVICE
6.1. For any request for information, clarification or any complaint, the Customer must contact, in priority, The Customer Service of The Company , in order to allow the latter to try to find a solution to the problem.
6.2. The Customer Service The Company is open 10h-12h and 14h-17h from Monday to Friday using the following coordinates :
– Telephone 0531603199
– email : email@example.com
– mail : 7 Allée de Chartres, 33000 Bordeaux, France
- LEGAL AND COMMERCIAL GUARANTEES
All products offered by the Company are subject to the legal guarantee of conformity provided by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the guarantee against hidden defects provided for in articles 1641 and 1648, first paragraph, of the Civil Code :
Article L.217-4 of the Consumer Code : ” The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under its responsibility ” .
Article L.217-5 of the Consumer Code : ” The goods comply with the contract :
1 ° If it is suitable for the use normally expected of a similar item and, if applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ” .
Article L.217-12 of the Consumer Code : ” The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods . ”
Article 1641 of the Civil Code : ” The seller is bound by the warranty for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes this use that the buyer does not would not have acquired, or would have given a lesser price, if he had known them. ”
Article 1648 of the Civil Code, first paragraph : ” The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. ”
If a Customer considers that he has received a product which he considers to be defective or non-compliant, he must contact the Company, as soon as possible after receipt of the Order, at the following email address : firstname.lastname@example.org , or by registered mail with acknowledgment of receipt to the following address : 7 Allée de Chartres, 33000 Bordeaux, France , stating the defect or non-conformity involved.
It will be up to the Customer to provide any justification as to the designation of the apparent defects and / or anomalies noted. The Customer must leave the Company any facility to identify these defects or non-conformities and to remedy them if necessary. He will not intervene himself or involve a third party for this purpose.
If the defects and / or anomalies are confirmed by the Company, the latter will then send the Client its instructions on how to proceed after having read the complaint thus formulated and, if necessary, will replace the product whose Company would have been led to note the lack of conformity, or the defectiveness.
In the event that the exchange of the product is impossible, the Company will be required to reimburse the Customer within fourteen days of receipt of the product. The reimbursement will be made on the Company’s proposal by credit to the Customer’s bank account, the Customer being able to opt for a different method of reimbursement than that offered.
- CLIENT’S OBLIGATIONS
8.1. The Customer undertakes to comply with the terms of these GTCS.
8.2. The Customer undertakes to use the Site in accordance with the instructions of the Company.
8.3. The Customer agrees that he uses the Site only for his personal use, in accordance with these GTCS. In this regard, the Customer agrees to refrain from :
– To use the Site in any illegal way, for any illegal purpose or in any way incompatible with these Terms.
– To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in form readable by the Customer, attempt to discover any source code or use any software activating or including all or part of the Site.
– To attempt to obtain unauthorized access to the Site’s computer system or to engage in any activity disrupting, reducing the quality or interfering with performance or deteriorating the functionality of the Site.
– To use the Site for improper purposes by voluntarily introducing viruses or any other malicious program into it and to attempt to gain unauthorized access to the Site.
– To infringe the intellectual property rights of the Company and / or to resell or attempt to resell the products to third parties.
– To disparage the Site and / or the products as well as the Company on social networks and any other means of communication.
8.4. If, for any reason, the Company considers that the Client does not comply with these GTCS, the Company may at any time, and at its sole discretion, remove its access to the Site and take all measures including any civil and criminal legal action to against him.
- RIGHT OF WITHDRAWAL
9.1. In accordance with articles L.221-18 et seq. Of the Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Site to exercise their right of withdrawal from the Company, without have to justify reasons or pay a penalty.
9.2. To exercise his right of withdrawal from the Order, the Customer must notify his decision to withdraw by means of an unambiguous declaration, without justifying reasons. The Customer can communicate his decision of withdrawal to the Company by any means, in particular by sending it by mail to the Company at the following address : 7 Allée de Chartres, 33000 Bordeaux, France or by email at email@example.com .
9.3. In the event of notification to the Company by the Customer of its decision to withdraw, whatever the means used, the Company will immediately send him an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email).
9.4. The Customer must return the product (s) in the same condition as that in which he received it (s), and with all of the packaging elements, accessories and instructions (even if the ( s) product (s) has or have been unpacked), as soon as possible and at the latest within 14 days from the notification of the decision to withdraw from this contract, at the following address : 7 Allée de Chartres, 33000 Bordeaux, France. In accordance with the law, the Customer bears the costs of returning the product (s).
9.5. In the event of withdrawal by the Customer, the reimbursement of the product (s) which has been or have been the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees in a different way. In any event, this reimbursement will not incur any costs for the Client. The refund will be made as soon as possible, and no later than 14 days from the day on which the Company is informed of the Customer’s decision to withdraw their Order.
9.6. In accordance with article L.221-23 of the Consumer Code, the Customer is informed that his responsibility is engaged with regard to the Company only for a depreciation of the product (s), returned (s) following the exercise of its right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.
9.7. Our flowers or dried flowers , oils and beauty products (creams, balms, etc.) , being perishable products, are not subject to the right of withdrawal .
10.1. The Company implements all the measures necessary to ensure the Customer the supply, under optimal conditions, of quality product (s). However, in no case may it be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which is attributable either to the Client, or to the unpredictable and insurmountable fact of a third party foreign to the contract, or a case of force majeure. More generally, if the responsibility of the Company were engaged, it could in no case accept to compensate the Customer for indirect damages or whose existence and / or the quantum would not be established by evidence.
10.2. The Site may contain links to other sites not edited or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
10.3. The establishment of such links or the reference to any information, articles or services provided by a third party, cannot and should not be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements nor of their content.
10.4. The Company is not responsible for the availability of these sites and cannot control the content or validate the advertising, the product (s) and other information disseminated on these websites.
10.5. It is expressly stipulated that the Company cannot in any case be held responsible, in any way whatsoever, for the case where the customer’s computer equipment or electronic mail rejects, for example due to anti-spam, emails sent by the Company, and in particular, without this list being exhaustive, a copy of the payment receipt, the summary statement of the Order or even the email for tracking the shipment.
10.6. The Client is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
The Customer undertakes not to jeopardize the security of the Site. To this end, he undertakes not to carry out any fraudulent access and / or maintenance in the Company’s information system. The Customer cannot harm or interfere with the Company’s information system either. Otherwise, the Company may take any measure against it and in particular engage its criminal responsibility under articles 323-1 and following of the Criminal Code.
- INTELLECTUAL PROPERTY
12.1. All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and / and all other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the whole world.
12.2. The name and brand logos, designs and models, stylized letters, figurative brands, and all signs represented on this Site are and will remain the exclusive property of the Company.
12.3. No title or right whatsoever on any element or software will be obtained by downloading or copying elements from this Site. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and to the elements and software it contains, no more that modify or perform any work based on them, or sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
12.4. The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and cannot in any case be assigned or transferred to any third party. The license is granted for the duration of use of the Site.
12.5. Any use by the Customer of the corporate names, brands and separate signs belonging to the Company is strictly prohibited except with the express and prior agreement of the Company.
13.1. By checking the box provided for this purpose or by expressly agreeing to this end, the Customer accepts that the Company may send him, at a frequency and in a form determined by the Customer, a newsletter (newsletter) which may contain information relating to its activity.
13.2. When the Customer ticks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the Company for products similar to those ordered.
13.3. Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
- APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
14.1. These General Terms and Conditions are governed and interpreted in accordance with French and European law , without taking into account the principles of conflicts of laws.
Should the English (or any other language) and French version of these GTCS differ, the French version shall always prevail.
14.2. In the event of a litigation likely to arise on the occasion of the interpretation and / or the execution of the present or in relation to the present GTCS, the Customer can decide to submit the litigation with the Company to a procedure of conventional mediation or any other alternative method of dispute resolution.
14.3. The Customer can go to the European platform for the settlement of consumer disputes set up by the European Commission at the following address and listing all the dispute settlement bodies approved in France : https://webgate.ec. europa.eu/odr/ .
14.4. In case of failure of this mediation procedure or if the Customer wishes to seize a jurisdiction, the rules of the code of civil procedure will apply. If necessary, the competent court will be the court of Bordeaux (France).