Preliminary Article: Offer Publisher
The following provisions establish the general terms and conditions of sale for the products offered for sale on the website www.frenchfarm.ac (hereinafter referred to as “the Site”), Between, The company FRENCHFARM.AC A simplified joint-stock company with a capital of €1,250 Registered with the Paris Trade and Companies Register under number 837 547 884 Publication Director: Benoit GAILDRAUD Website host: OVH, 2 rue Kellermann – 59100 Roubaix (hereinafter referred to as “FRENCHFARM.AC”). And, Any natural person of legal age, with the legal capacity to contract, exclusively residing in Metropolitan France (hereinafter referred to as “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 GTC apply exclusively to the online sale of products listed on the site, which is freely and gratuitously accessible to any adult internet user.
1.2. Scope of Application The GTC 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, brochures, catalogs, or product photographs, which are for indicative purposes only. The GTC are exclusively applicable to products delivered to customers located in France and/or in a European Union member country. The GTC are written, as well as all contractual information mentioned on the site, in French.
1.3. Enforceability of the GTC The GTC 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 GTC in force on the day of the order.
1.4. Modification of the GTC FRENCHFARM.AC reserves the right to modify its GTC at any time. In the event of modification of the GTC, the applicable GTC are those in force on the date of the order, a dated copy of which can be provided to the customer upon request.
1.5. Clauses of the GTC The nullity of a contractual clause does not entail the nullity of the GTC. The temporary or permanent non-application of one or more clauses of the GTC by FRENCHFARM.AC shall not constitute a waiver of its rights to the other clauses of the GTC, which continue to produce their effects.
Article 2 – Products
The products offered for sale and presented in the catalog published on the site are each the subject of a description mentioning their essential characteristics as defined by 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 catalog or at the latest upon delivery. Products are offered and delivered subject to available stock. In the event of unavailability of the ordered product, FRENCHFARM.AC will immediately inform the customer and proceed with a refund of the order within 7 days. Apart from the refund 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 selling prices are indicated, for each of the products listed in the electronic catalog, in euros including all taxes, excluding delivery and transport costs. Delivery and transport costs are mentioned before validation of the order and are billed separately. They are set on the order form. The selling price of the product is the one in effect on the day of the order. The selling price of the products does not include shipping costs, which are billed in addition to the price. The total amount due by the customer is indicated on the order confirmation page. In the event of a promotional price, FRENCHFARM.AC undertakes to apply the promotional price to any order placed during the advertising period 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 European Union member country, and for deliveries in these same geographical areas. The online sales offers presented on the site are valid, unless otherwise specified, as long as the products are listed in the electronic catalog and subject to available stock. Acceptance of the offer by the customer is validated, in accordance with the double-click procedure, by the confirmation of the order.
Article 5 – Order
5.1. Steps for Concluding the Contract To place an order, the customer, after filling their virtual cart by indicating the selected products and desired quantities, then clicks on the “Proceed to Checkout” button and provides information relating to delivery and payment method. Before clicking on the button, the customer has the opportunity to check the details of their order and its total price, and to return to the previous pages to correct any errors or possibly modify their order. The sales contract is formed at the time the customer sends the confirmation of their order.
5.2. Modification of Order Any modification of the order by the customer after confirmation of their order is subject to the acceptance of the professional seller.
5.3. Order Confirmation An email acknowledging receipt of the order and its payment is sent by FRENCHFARM.AC as soon as possible. FRENCHFARM.AC reserves the right to refuse any order for legitimate reasons, and particularly if the quantities of products ordered are abnormally high for customers with the status of customers.
5.4. Archiving The archiving of communications, order forms, and invoices is carried out on a reliable and durable medium in accordance with Article L. 134-2 of the Consumer Code, so as to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code. These communications, order forms, and invoices can 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 Methods Payment is made online, at the customer’s choice, in euros, by bank card or via PayPal. For PayPal, the PayPal General Terms of Use 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 bank card payments, the site is equipped with an online payment security system, VivaWallet, 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 redirected to the secure VivaWallet payment site. The customer only needs their bank details. Financial information is never shared with the merchant, thus providing 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 any order to Metropolitan France and the European Union territory. 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 after receipt of the order.
7.3. Delivery Costs Delivery costs are the responsibility of the customer.
7.4. Delivery Methods Products are delivered to the address indicated by the customer on the order form. Delivery is carried out by direct handover of the product to the customer or, failing that, by sending a notice of availability to the customer by FRENCHFARM.AC or one of its service providers. Within fifteen days from the notice of availability, the customer must collect the ordered product. In the absence of collection within the specified period, FRENCHFARM.AC may, after a formal notice to the customer that has remained without effect, proceed with the collection, terminate the order by right, and retain the deposit paid as compensation.
7.5. Product Compliance When the product is delivered to the indicated address, it is the customer’s responsibility to check, in the presence of the delivery person, the condition of the delivered product and, if necessary, to make reservations on the delivery note or on the transport receipt. If the product does not conform to the order, the customer must send a complaint to the professional seller in order to obtain the replacement of the product or possibly the cancellation 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 risk and peril of the seller. The risks of loss or damage to the goods are transferred to the customer at the time they, or a third party they have designated, physically take possession of the goods, regardless of their nature.
7.8. Transfer of Ownership From the effective delivery, ownership of the product is transferred to the customer.
Article 8 – Legal Guarantee of Conformity and Guarantee of Hidden Defects
All products supplied by FRENCHFARM.AC 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. 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 them by their national law under the directive of May 25, 1999, concerning the sale and guarantees of consumer goods. The professional seller’s liability cannot be engaged for non-conformity of the product with the legislation of the customer’s country, to which it is incumbent to verify whether the product is not prohibited for sale in their country.
Article 9 – Right of Withdrawal and Return of Ordered Items
In accordance with Articles L. 221-5 et seq. of the Consumer Code, the customer has a period of 14 days from receipt, by themselves or a third party, of the ordered items to exercise their right of withdrawal without having to justify reasons or pay penalties. To exercise the right of withdrawal, the customer must send the withdrawal form or an email containing their name, first name, address, and order number, and clearly indicating that they are exercising their right of withdrawal to the following address: contact@frenchfarm.ac The costs of returning the ordered and delivered product to the customer shall be borne by the customer. It is the customer’s responsibility to keep proof of this return. The customer will be refunded the full amount of their order, at the invoiced price, excluding delivery costs, within 15 days from receipt by FRENCHFARM.AC of the returned order. This refund will be made by credit to the customer’s bank account corresponding to the bank card used to pay for the order or via the VivaWallet account if the order was paid via VivaWallet. Returned products must be new, unused, and, if applicable, in their original packaging. Any item returned soiled and/or damaged by the customer will not be taken back. If the return is refused by FRENCHFARM.AC for the above reasons, the products will then be returned to the customer at their expense, without the customer being able to claim any compensation or right to refund, except for the subsequent exercise of their warranty rights on the products sold.
Article 10 – Complaints and Mediation
10.1. Prior Complaint In the event of a dispute, the customer must first file an amicable complaint with FRENCHFARM.AC by email: contact@frenchfarm.ac
10.2. Mediation Request In the event of failure of the complaint request or in the absence of a response within two months, the customer has the possibility to resort 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 MEDIATION EN SEINE association (No. 02031320), whose headquarters are located at Immeuble le 17, 17/25 avenue du Maréchal Joffre – 92000 NANTERRE. To file a complaint with the mediator, the customer can contact MEDIATION EN SEINE electronically (or by post) by completing the form available at: consommation@mediation-en-seine.org The parties to the contract remain free to accept or refuse mediation and, in the event of 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 object to the processing of their personal data in accordance with Law No. 78-17 of January 6, 1978, relating to information technology, files, and freedoms, known as the “Informatique et Libertés” 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 transmit personal data. The user is informed that during their visits to Frenchfarm.ac, a cookie may be installed on their computer. These cookies allow:
- Easier navigation on the site by recording information about the user’s computer navigation (pages viewed, date and time of consultation) to remember preferences and facilitate future visits.
- Personalization of content and advertisements displayed during the site consultation.
- Counting the articles viewed. The user can oppose the recording of cookies or be notified before accepting cookies by configuring their computer.
General SMS Marketing Conditions: We use a text messaging platform, which is subject to the following general conditions. By subscribing to our SMS marketing and notifications, you accept these conditions. By entering your phone number at checkout and initiating a purchase, subscribing via our subscription form or a keyword, you agree that we may send you SMS notifications (for your order, including abandoned cart reminders) and SMS marketing offers. You acknowledge that consent is not a precondition for any purchase. Your phone number, name, and purchase information will be shared with our SMS platform “SMSBump Inc, a European Union company based in Sofia, Bulgaria, EU. This data will be used to send you targeted marketing messages and notifications. When sending SMS, your phone number will be transmitted to an SMS operator to ensure their delivery. If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply with STOP to any mobile message sent by us or use the unsubscribe link we have provided in one of our messages. You understand and agree that alternative unsubscribe methods, such as using alternative words or requests, will not be considered a reasonable means of unsubscribing. Message and data rates may apply. For any questions, please send “HELP” by SMS 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, know-how, and all other elements composing the site are the exclusive property of the company FRENCHFARM.AC or its partners who have granted it a license. Any total or partial reproduction of this site by any person, without the express authorization of the company FRENCHFARM.AC, is prohibited and would constitute an infringement punishable under the Intellectual Property Code. The distinctive signs of the company FRENCHFARM.ACand its partners, such as domain names, trademarks, 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 the 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 shall be suspended in whole or in part. Force majeure is understood as any external, unpredictable, and insurmountable event preventing FRENCHFARM.AC from fulfilling 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 GTC 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, shall be subject to the jurisdiction of the court of the defendant’s domicile (Article 42 of the Code of Civil Procedure) or that of the place of actual delivery of the goods or performance of the service (Article 46 of the Code of Civil Procedure).
