ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales made by Société civile d'exploitation agricole the FERME DE SAINT SYLVAIN ("the Seller") to consumers and non-professional purchasers ("the Customers") wishing to purchase the products offered for sale by the Seller ("the Products") on the website www.plantes-medicinales-bio.com.
They specify in particular the conditions of order, payment, delivery and management of possible returns of the Products ordered by the Customers.
These General Terms and Conditions of Sale may be supplemented by special terms and conditions, set out on the website, before any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in shops or by means of other distribution and marketing channels.
They are accessible at any time on the website www.plantes-medicinales-bio.com and shall prevail, if necessary, over any other version or any other contradictory document.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.
The modifications of these General Terms and Conditions of Sale are opposable to the users of the website www.plantes-medicinales-bio.com as from their online publication and cannot be applied to transactions concluded previously.
ARTICLE 2 - Products offered for sale
On the website www.plantes-medicinales-bio.com, ECOCERT-certified aromatic and medicinal plants from organic farming are offered for sale, as well as accessories, such as utensils, for the use of the Products.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the website www.plantes-medicinales-bio.com.
The Customer is obliged to read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website www.plantes-medicinales-bio.com are not contractual and shall not engage the responsibility of the Seller.
The Customer must refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
The contractual information is presented in French and is confirmed at the latest when the Customer validates the order.
The Products presented on the www.plantes-medicinales-bio.com website are offered for sale in France and Europe.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated exclusive of tax automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.
ARTICLE 3 - Duration of validity of the offer of Products
Product offers are subject to availability, as specified when the order is placed.
ARTICLE 4 - Seller's contact details
The Vendor's contact details are as follows :
Société civile d'exploitation agricole LA FERME DE SAINT SYLVAIN
RCS de Poitiers n° 824 338 693
5 CHEMIN DE LA PLAINE LOUBRESSAC 86320 MAZEROLLES
Email : email@example.com
Téléphone : 05 49 91 54 75
In accordance with the French Data Protection Act of 6 January 1978, reinforced and completed by the RGPD (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at any time, the right to access, rectify, object to, delete and port all of his/her personal data by writing, by post, and providing proof of his/her identity, to the Vendor's address, mentioned above.
Validation of the order by the Customer implies acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges that he/she has the required capacity to contract and acquire the Products offered on the website www.plantes-medicinales-bio.com.
ARTICLE 5 - Orders
5-1 . Placing an order
It is the Customer's responsibility to select the Products he/she wishes to order on the www.plantes-medicinales-bio.com website, in accordance with the following procedure :
The Customer composes his/her own order basket, adding the desired Products.
Then, this order basket is validated by the Customer using the double-click system.
The Customer has the possibility to check the details of his/her order, its total price and to correct any errors before confirming his/her acceptance. It is the Customer's responsibility to check the accuracy of the order and to report or rectify any errors immediately.
The sale is only final after the Seller has sent the Customer confirmation of acceptance of the order by e-mail, which is sent without delay.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the website www.plantes-medicinales-bio.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
In the absence of proof to the contrary, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer may follow the progress of his order on the website www.plantes-medicinales-bio.com.
The Seller does not intend to sell the Products on the website www.plantes-medicinales-bio.com to professionals, but only to consumers or non-professionals, for their personal needs.
The Seller therefore reserves the right to refuse orders of the same Product in large quantities.
No order of less than 10 euros including VAT will be accepted.
5-2 . Modification of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
5-3 . Cancellation of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the event of the exercise of the right of withdrawal or force majeure.
ARTICLE 6 - Prices
The Products are supplied at the prices in force on the website www.plantes-medicinales-bio.com, at the time the order is registered by the Seller. The prices are expressed in Euros, exclusive of tax and VAT.
The prices take into account any discounts that may be granted by the Seller on the website www.plantes-medicinales-bio.com.
These prices are firm and non-revisable during their period of validity, as indicated on the website www.plantes-medicinales-bio.com, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the website www.plantes-medicinales-bio.com and calculated before the order is placed.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional shipping costs, as they appear at the time the Customer confirms the order, are entirely at his expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 7 - Terms of payment
The price is payable in cash, in full, on the day the order is placed by the Customer, by secure payment, by bank card only, such as: Bank Card, Visa, MasterCard, American Express, other bank cards.
Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding amounts.
Payment data is exchanged in encrypted mode using the Mercanet protocol.
In the event of late payment and payment of the sums due by the Customer beyond the deadlines set out above, and after the payment date shown on the invoice sent to the Customer, late payment penalties calculated at a monthly rate of 5% of the amount including VAT of the purchase price, plus shipping costs, shown on the said invoice, shall be automatically and by operation of law due to the Seller, without any formality or prior formal notice.
In addition, any delay in payment shall automatically result in the application of a fixed indemnity of forty Euros, without prejudice to late payment penalties.
Late payment shall also result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Seller may be entitled to take against the Customer in this respect.
Payments made by the Customer shall not be considered final until the Seller has actually collected the sums due.
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of orders in progress placed by the Customer.
The Customer shall not be charged any additional costs beyond those incurred by the Seller for the use of a payment method.
ARTICLE 8 - Deliveries
The Products ordered by the Customer will be delivered in Metropolitan France (and in European countries - European Continent) within the delivery time indicated on the Product sheet, to which is added the processing and delivery time, to the address indicated by the Customer when ordering on the website www.plantes-medicinales-bio.com.
Except in the case of special circumstances or the unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these deadlines are given as an indication. If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L216-2 L216-3 L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
In case of non-conformity of the delivered Product, the Seller - undertakes to remedy it or to reimburse the Customer, as indicated in the article - "Liability of the Seller - Guarantee"».
The Seller assumes the transport risks and is obliged to reimburse the Customer in case of damage caused during transport.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs associated with this will be subject to specific additional invoicing, based on a quotation previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. The Customer has a period of 3 days from the date of delivery to indicate any reservations or claims for non-conformity or apparent defects of the Products delivered (for example, a damaged package that has already been opened, etc.), using the form provided online on the website www.plantes-medicinales-bio.com, with all the relevant supporting documents (in particular, photographs). After this period and if these formalities are not respected, the Products will be deemed to be in conformity and free of any apparent defect and no claim can be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proved the defects of conformity or the apparent or hidden defects, under the conditions provided for in Articles L217-4 et seq. of the French Consumer Code and those provided for in the present General Terms and Conditions of Sale (see warranties, in particular).
ARTICLE 9 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Vendor's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 10 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from the date of receipt of the Product to exercise his right of withdrawal from the Seller, without having to give any reason or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within ten (10) days of the notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted.
The right of withdrawal may be exercised online, using the withdrawal form available on the website www.plantes-medicinales-bio.com, in which case the Seller shall immediately send the Customer an acknowledgement of receipt on a durable medium, or any other unambiguous statement expressing the wish to withdraw.
If the right of withdrawal is exercised within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs shall be reimbursed; the cost of returning the Product(s) shall be borne by the Customer.
The reimbursement will be made within 14 days of the notification to the Seller of the decision to withdraw.
ARTICLE 11 - Responsibility of the Seller - Guarantee
The Products sold on the website www.plantes-medicinales-bio.com comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit by right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions,
The legal guarantee of conformity, for apparently defective, damaged or damaged Products or those that do not correspond to the order,
The legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,
Under the conditions and in accordance with the terms set out in the box below and defined in the appendix to these General Terms of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum of 3 days from the delivery of the Products or of the discovery of the hidden defects within the above-mentioned time limits and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions...).
The Seller will refund, replace or repair the Products or parts under warranty deemed non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.
Refunds for Products found to be non-conforming or defective will be made as soon as possible and no later than 14 days after the non-conformity or latent defect is discovered by the Seller.
Refunds shall be made by crediting the Customer's bank account or by bank check sent to the Customer.
The responsibility of the Seller cannot be engaged in the following cases
Non-respect of the legislation of the country where the products are delivered, which it is up to the Customer to check,
In case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear of the Product, accident or force majeure.
The Seller's warranty is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
ARTICLE 12 - Protection of personal data
In accordance with Law 78-17 of January 6, 1978, as amended by Law 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the preparation of invoices, in particular.
This data may be communicated to any partner of the Seller in charge of the execution, processing, management and payment of orders.
The processing of information communicated through the site www.plantes-medicinales-bio.com meets the legal requirements in terms of protection of personal data, the information system used ensuring optimal protection of such data.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him.
This right can be exercised under the conditions and according to the methods defined on the site www.plantes-medicinales-bio.com.
ARTICLE 13 - Intellectual property
The content of the site www.plantes-medicinales-bio.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.
ARTICLE 14 - Unforeseen circumstances
In case of change of unforeseeable circumstances at the time of the conclusion of the contract, in accordance with the provisions of article 1195 of the Civil Code, the party who did not agree to assume the risk of a too expensive execution can ask for a renegotiation of the contract to his cocontractor.
ARTICLE 15 - Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
ARTICLE 16 - Applicable law - Language
The present General Conditions of Sale and the operations which result from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 17 - Litigation
All the disputes to which the operations of purchase and sale concluded in application of the present general conditions of sale could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their continuations and which would not have been able to be solved between the salesman and the customer will be subjected to the courts of competent jurisdiction under the conditions of common law.
The Customer is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of consumption (C. conso. art. L612-1) or with the existing authorities of sectorial mediation, and whose references appear on the Internet site www.plantes-medicinales-bio.com or with any alternative mode of settlement of the disputes (conciliation, for example) in the event of dispute.
The Customer, noting that a violation of the general regulation on the protection of personal data would have been committed, has the possibility of mandating an association or an organization mentioned in IV of the article 43 ter of the data-processing law and freedom of 1978, in order to obtain against the person in charge of treatment or subcontractor, repair in front of a civil or administrative jurisdiction or in front of the national commission of the data processing and freedoms.
ARTICLE 18 - Pre-contractual information - Acceptance of the Customer
The fact that a natural person (or legal entity) places an order on the Internet site www.plantes-medicinales-bio.com implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to invoke any contradictory document, which would be unenforceable against the Vendor.
ANNEXE I - Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code
To be in conformity with the contract, the good must :
Be fit for the purpose usually expected of similar goods and, where appropriate :
correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model
Present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling
Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
ANNEXE II - Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.plantes-medicinales-bio.com except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of:
SCEA LA FERME DE SAINT SYLVAIN
Mr Gilles MAUPIN
5 CHEMIN DE LA PLAINE LOUBRESSAC
email : firstname.lastname@example.org
Order from : ...........................................................
Order number : ...........................................................
Customer's name : ...........................................................................
Customer's adress : .......................................................................
Customer's signature (only in case of notification of this form on paper) :