Preamble
These general terms and conditions of sale apply to all sales concluded on the website cbd.fr.
The website www.cbd.fr is a service:
• located in Paris, 75002, France
• website URL: www.cbd.fr
• email: contact@cbd.fr • telephone: +33 7 82 62 59 55 The website
cbd.fr
sells the following products: All types of products related to the CBD molecule.
The customer declares having read and accepted these general terms and conditions of sale prior to placing their order. Order confirmation therefore constitutes acceptance of these general terms and conditions of sale.
Article 1 – Principles
These general terms and conditions express the entirety of the parties’ obligations. In this respect, the buyer is deemed to have accepted them without reservation.
These general terms and conditions of sale apply to the exclusion of all other terms and conditions, including those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the website cbd.fr and shall prevail, where applicable, over any other conflicting version or document.
The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify these general terms and conditions from time to time. They will be applicable as soon as they are published online.
If any sales condition is found to be invalid, it shall be deemed to be governed by the practices in force in the distance selling sector for companies headquartered in France.
These general terms and conditions of sale are valid until January 1, 2020.
Article 2 – Content
These general terms and conditions define the rights and obligations of the parties within the framework of the online sale of goods offered by the seller to the buyer, via the website cbd.fr.
These terms and conditions apply only to purchases made on the cbd.fr website and delivered exclusively within mainland France or Corsica. For deliveries to French overseas departments and territories (DOM-TOM) or abroad, please send an email to contact@cbd.fr.
These purchases concern the following products: All types of products related to the CBD molecule.
Article 3 – Pre-contractual Information
The buyer acknowledges having received, prior to placing their order and concluding the contract, in a legible and understandable manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the French Consumer Code.
The following information is provided to the buyer in a clear and understandable manner:
– the essential characteristics of the goods;
– The price of the goods and/or the method of calculating the price;
– and, where applicable, any additional transport, delivery, or postage costs and any other applicable charges.
– If the contract is not performed immediately, the date or period within which the seller undertakes to deliver the goods, regardless of their price;
– Information relating to the seller’s identity, postal, telephone, and electronic contact details, and business activities, as well as information relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, the existence and implementation of guarantees, and other contractual terms.
Article 4 – The Order
The buyer may place an order online, using the online catalog and the form provided therein, for any product, subject to availability.
The buyer will be informed of any unavailability of the ordered product or goods.
For the order to be validated, the buyer must accept these terms and conditions by clicking in the designated area. They must also choose the delivery address and method, and finally confirm the payment method.
The sale will be considered final:
– after the seller sends the buyer an email confirming acceptance of the order;
– and after the seller receives full payment. All orders imply acceptance of the prices and descriptions of the products available for sale. Any dispute regarding this will be addressed within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, particularly non-payment, an incorrect address, or another problem with the buyer’s account, the seller reserves the right to block the buyer’s order until the issue is resolved.
For any questions regarding order tracking, the buyer should call the following telephone number: 0782625955 (cost of a local call), during the following days and times: Monday to Friday, 8:00 AM to 6:00 PM, or send an email to the seller at the following email address: contact@cbd.fr.
Article 5 – Electronic Signature
The online provision of the buyer’s bank card number and the final validation of the order shall constitute proof of the buyer’s agreement to:
– the payment of the sums due under the order form,
– the express signature and acceptance of all transactions carried out.
In the event of fraudulent use of the bank card, the buyer is asked to contact the seller immediately upon discovering such use at the following telephone number: 0782625955.
Article 6 – Order Confirmation
The seller provides the buyer with a copy of the contract by email.
Article 7 – Proof of the transaction
Computerized records, stored in the seller’s computer systems under reasonable security conditions, shall be considered proof of communications, orders, and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.
Article 8 – Product Information
The products governed by these terms and conditions are those listed on the seller’s website and indicated as sold and shipped by the seller. They are offered subject to availability.
The products are described and presented as accurately as possible. However, if any errors or omissions occur in this presentation, the seller cannot be held liable.
Product photographs are not contractual.
Article 9 – Prices
The seller reserves the right to change its prices at any time but undertakes to apply the prices in effect at the time of the order, subject to availability on that date.
Prices are quoted in euros. They do not include delivery charges, which are billed separately and indicated before order confirmation. Prices include VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of products in the online store.
If one or more taxes or contributions, particularly environmental ones, are created or modified, whether increased or decreased, this change may be reflected in the selling price of the products.
Article 10 – Payment Method
This is a binding order, meaning that placing the order implies payment by the buyer.
To pay for their order, the buyer may choose from all payment methods offered by the seller and their banking partner, Banque Populaire. The buyer guarantees to the seller that they have all necessary authorizations to use the payment method chosen when validating the order. The seller reserves the right to suspend order processing and delivery in the event of a payment authorization refusal by officially accredited organizations or in the event of non-payment. The seller also reserves the right to refuse to make a delivery or fulfill an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is pending.
Payment is due in full on the day the order is placed, according to the following terms:
by payment card.
Payment is due in full, according to the following terms: by payment card via the Banque Populaire system.
Article 11 – Product Availability – Refunds – Cancellation
Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the website’s homepage, shipping times will be, subject to stock availability, as indicated below. Shipping times begin from the order registration date indicated on the order confirmation email.
For deliveries within Metropolitan France and Corsica, the delivery time is 4 days from the day after the buyer places their order, using the following method: Priority Mail. The maximum delivery time will be 30 business days after the contract is concluded.
For deliveries to French overseas departments and territories (DOM-TOM) or other countries, delivery terms will be specified to the buyer on a case-by-case basis.
If the agreed delivery date or deadline is not met, the buyer must, before terminating the contract, formally request the seller to fulfill it within a reasonable additional period.
If the seller fails to fulfill the contract by the expiry of this new period, the buyer may freely terminate the contract.
The buyer must carry out these successive formalities by registered letter with acknowledgment of receipt or by written notice on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or written notice informing them of this termination, unless the seller has fulfilled their obligations in the meantime.
However, the buyer may terminate the contract immediately if the dates or deadlines mentioned above constitute an essential condition of the contract for them. In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, no later than 14 days following the date on which the contract was terminated.
If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of payment, or an exchange of the product.
Article 12 – Delivery Terms
Delivery is defined as the transfer to the consumer of physical possession or control of the goods. The ordered products are delivered according to the terms and within the timeframe specified above.
Products are delivered to the address provided by the buyer on the order form; the buyer is responsible for ensuring its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer may request that the invoice be sent to the billing address instead of the delivery address by selecting the corresponding option on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, indicating where and when the package can be collected.
If, upon delivery, the original packaging is damaged, torn, or open, the buyer must check the condition of the items. If they are damaged, the buyer must refuse the package and note this on the delivery slip (package refused because it was open or damaged). The buyer must indicate on the delivery note, in the form of handwritten comments accompanied by their signature, any anomaly concerning the delivery (damage, missing items compared to the delivery note, damaged packaging, broken products, etc.).
This verification is considered complete once the buyer, or a person authorized by them, has signed the delivery note.
The buyer must then confirm these comments to the carrier by registered mail within two business days of receiving the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the website’s legal notices.
If products need to be returned to the seller, a return request must be submitted to the seller within 14 days of delivery. Any claim made after this period will not be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 13 – Delivery Errors
The buyer must notify the seller of any delivery errors and/or non-conformity of the products in terms of type or quality compared to the order form, either on the day of delivery or at the latest on the first business day following delivery. Any claim made after this period will be rejected.
The claim may be made, at the buyer’s discretion:
– telephone number: 0782625955;
– email address: contact@cbd.fr.
Any claim not made in accordance with the rules defined above and within the specified time limits will not be considered and will release the seller from all liability towards the buyer.
Upon receipt of the claim, the seller will assign an exchange number to the product(s) concerned and will communicate it to the buyer by email. A product exchange can only take place after the exchange number has been assigned.
In the event of a delivery error or an exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, via Colissimo Recommandé (registered mail), to the following address: 22 avenue des Paulines, 63000 Clermont-Ferrand, France.
Return shipping costs are the responsibility of the seller.
Article 14 – Product Warranty
Legal guarantee of conformity and legal guarantee against hidden defects
cbd.fr guarantees the conformity of the goods to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code or the guarantee against hidden defects in the goods sold as defined in Articles 1641 et seq. of the French Civil Code. In the event of a claim under the legal guarantee of conformity, please note that:
– the buyer has two years from the date of delivery of the goods to make a claim;
– the buyer may choose between repair or replacement of the goods, subject to the cost conditions stipulated in Article L. 217-17 of the French Consumer Code;
– the buyer is not required to provide proof of the non-conformity of the goods for 24 months following delivery in the case of new goods.
Furthermore, please note that:
– the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
– The buyer may choose to invoke the warranty against hidden defects in the item sold, as defined in Article 1641 of the French Civil Code. In this case, they may choose between canceling the sale or obtaining a price reduction, in accordance with Article 1644 of the French Civil Code.
Article 15 – Right of Withdrawal
Application of the Right of Withdrawal
In accordance with the provisions of the French Consumer Code, the buyer has 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, except for the return shipping costs, which remain the buyer’s responsibility.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.), allowing for their resale as new, and must be accompanied by the purchase invoice.
Damaged, soiled, or incomplete products will not be accepted.
The right of withdrawal can be exercised online using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately sent to the buyer. Any other method of declaring withdrawal is also accepted, provided it is unambiguous and clearly expresses the intention to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the price of the purchased product(s) and the delivery costs will be refunded.
Return shipping costs are the responsibility of the buyer.
An exchange (subject to availability) or a refund will be processed within , and at the latest, within 14 days of the seller’s receipt of the returned products from the buyer under the conditions stipulated above.
Exceptions
According to Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts:
– for the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
– for the supply of goods made to the consumer’s specifications or clearly personalized;
– for the supply of goods liable to deteriorate or expire rapidly;
– for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
– for the supply of goods which, after delivery, are, by their nature, inseparably mixed with other items;
– for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
– Emergency maintenance or repair work to be carried out at the consumer’s home and expressly requested by them, limited to the spare parts and work strictly necessary to address the emergency;
– The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
– The supply of a newspaper, periodical, or magazine, except for subscription contracts for these publications;
– The supply of digital content not supplied on a tangible medium where performance has begun after the consumer’s express prior consent and express waiver of their right of withdrawal.
Article 16 – Force Majeure
Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered grounds for exemption from those obligations and shall result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and their cessation.
Force majeure shall be defined as any irresistible event or circumstance beyond the control of the parties, unforeseeable, unavoidable, and independent of their will, which cannot be prevented by them despite all reasonable efforts. Specifically, in addition to those typically recognized by French courts, the following shall be considered force majeure or fortuitous events: blockages of transportation or supply routes, earthquakes, fires, storms, floods, lightning, and the disruption of telecommunications networks or difficulties specific to telecommunications networks external to the client.
The parties will consult to examine the impact of the event and agree on the conditions under which the contract will continue. If the force majeure event lasts for more than three months, these terms and conditions may be terminated by the affected party.
Article 17 – Intellectual Property
The website content remains the property of the seller, who is the sole holder of the intellectual property rights to this content.
Buyers agree not to use this content in any way; any reproduction, in whole or in part, of this content is strictly prohibited and may constitute an infringement.
Article 18 – Data Processing and Liberties
The personal data provided by the buyer is necessary for processing their order and issuing invoices.
This data may be shared with the seller’s partners responsible for the execution, processing, management, and payment of orders.
The processing of information provided through the website cbd.fr has been declared to the CNIL (French Data Protection Authority).
The buyer has a permanent right to access, modify, rectify, and object to information concerning them. This right may be exercised under the conditions and according to the procedures defined on the website cbd.fr.
Article 19 – Partial Invalidity
If one or more provisions of these terms and conditions are held to be invalid or declared as such pursuant to a law, regulation, or final decision of a competent court, the other provisions shall remain in full force and effect.
Article 20 – No Waiver
The failure of either party to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision.
Article 21 – Headings
In the event of any conflict between the headings of the clauses and the clauses themselves, the headings shall be disregarded.
Article 22 – Language of the Contract
These terms and conditions are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 23 – Mediation
The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or existing sector-specific mediation bodies, or to any other alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 24 – Applicable Law
These general terms and conditions are governed by French law. The competent court is the local court (tribunal d’instance) for disputes where the amount in dispute is €10,000 or less, and the regional court (tribunal de grande instance) for disputes where the amount in dispute exceeds €10,000.
This applies to both substantive and procedural rules. In the event of a dispute or claim, the buyer should first contact the seller to seek an amicable solution.
Article 25 – Protection of Personal Data
Data Collected:
The personal data collected on this site is as follows:
Account Creation: When a user creates an account, their surname, first name, email address, telephone number, and postal address are collected.
Login: When a user logs in to the website, the site records, among other things, their first and last name, login details, usage data, location data, and payment information.
Profile: Using the services offered on the website allows users to create a profile, which may include an address and phone number.
Payment: When processing payments for products and services offered on the website, the site records financial data related to the user’s bank account or credit card.
Communication: When the website is used to communicate with other members, data concerning the user’s communications is temporarily stored.
Cookies: Cookies are used when using the site. Users can disable cookies in their browser settings.
Use of Personal Data
The personal data collected from users is used to provide and improve the website’s services and to maintain a secure environment. More specifically, the uses are as follows:
– User access to and use of the website;
– Management of website operation and optimization;