CGV DELI HEMP
GENERAL CONDITIONS OF SALE
products online to specific consumers
These general terms and conditions of sale apply to all sales entered into on the Intemet site
• Is a service of: DH FRANCE
• E-mail: firstname.lastname@example.org
• Telephone number: (+33) 01 76 21 79 27
The Intenet site https://www.delihemp-pro.fr/gb/ sells wellness products based on Hemp
The customer declares to have read and accepted the general terms and conditions of sale prior to the issuance of the order. The validation of the order is therefore acceptable to the general terms and conditions of sale.
Article I - Principles
These general terms and conditions express the full obligations of the parties. In this sense, the buyer is deemed to accept them unconditionally.
These general terms and conditions of sale apply to the exclusion of any other conditions, including those applicable to in-store sales or other distribution and marketing circuits.
They are available on the www.deli-hemp.fr website and will prevail, if any, on any other version or other contradictory document.
The seller and the buyer agree that these Terms and Conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions on an ad hoc basis. They will be applicable as soon as they are posted.
If a condition of sale fails, it would be considered to be governed by the usages in force in the field of remote sale of which companies have their headquarters in France.
These general terms and conditions of sale are valid until 31/12/2022.
Article 2 - Content
The purpose of these Terms and Conditions is to define the rights and obligations of the parties as part of the online sale of goods offered by the seller to the buyer, from the website www.deli-hemp.fr.
These conditions apply only to purchases made at www.deli-hemp.fr and delivered exclusively in metropolis or Corsica. For any delivery in DOM-TOM or abroad, the following e-mail address should be addressed:
DELI HEMP FRANCE - 13 rue Commines - 75003 PARIS FRANCE
These purchases relate to products of well-being based in Hevre.
Article 3 - Pre-contractual information
The purchaser acknowledges having had communication: prior to the placing of his order and the conclusion of the contract: in a legible and understandable way, these general terms and conditions of sale and all information listed in article L. 221-5 of the consumer code.
The following information is transmitted to the buyer in a clear and understandable manner.
- the essential characteristics of the good ;
- the price of the good and the method of calculating the price ;
- if applicable, all additional transportation, delivery or postage costs and any other charges payable ;
- in the absence of immediate execution of the contract: the date or time at which the seller undertakes to deliver the property, regardless of its price ;
- information on the identity of the seller, its postal, telephone and electronic contact information, and its activities. those relating to legal guarantees, the functionality of digital content and, where appropriate, its interoperability, the existence and the modalities for the implementation of guarantees and other contractual conditions.
Article 4 - The command
The purchaser has the option to place his order online, from the online catalogue and using the form in it, for any product: within the limits of the stock available.
The buyer will be informed of any Unavailable product or property ordered.
In order for the order to be validated, the purchaser will have to accept, by clicking on the place indicated, these terms and conditions. It will also have to choose the address and delivery mode, and finally validate the payment method.
The sale will be considered final:
- after sending to the buyer confirmation of acceptance of the order by the seller by email
- and after receipt by the seller of the entire price.
Any order is to accept the prices and description of the products available for sale. Any contestation on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In some cases, especially in the absence of payment, wrong address or other problem on the buyer's account: the seller reserves the right to block the purchaser's order until the problem is resolved.
For any questions regarding the follow-up of an order, the purchaser may call the following telephone number: (+33) 01 76 21 79 27 (cost of local call), the following days and times: **********
or send an email to the seller at the following email address:
Article 5 - Electronic signature
The online supply of the buyer's bank card number and the final validation of the order will prove the buyer's agreement:
- Requirement of amounts due under the order form ;
- Signature and express acceptance of all transactions performed.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is found, to contact the seller at the following telephone number (+33) 01 76 21 79 27
Article 6 - Order confirmation
The seller provides the purchaser with an order confirmation by e-mail.
Article 7 - Proof of the transaction
Computerized records, stored in the vendor's computer systems under reasonable security conditions, will be considered as evidence of communications: orders and payments made between the parties. The archiving of orders and invoices is carried out on a reliable and durable support that can be produced as evidence.
Article S - Product Information
The products governed by these Terms and Conditions are those listed on the seller's website and are indicated as sold and shipped by the seller. They are proposed within available stocks.
The products are described and presented with the greatest accuracy possible However: if errors or omissions have occurred as to the presentation, the seller's liability could not be incurred.
The photographs of the products are not contractual.
Article 9 - Price
The seller reserves the right to modify its prices at any time but agrees to apply the applicable rates indicated at the time of order, subject to availability that date.
Prices are shown in euros. They do not take into account shipping costs, invoiced in addition: and indicated before order validation. The prices take into account the VAT applicable to the day of the order and any change in the applicable VAT rate will automatically be reflected on the price of the products of the online store.
If one or more taxes or contributions, including environmental, come to be created or modified: upwards and downwards, this change may be impacted on the selling price of the products.
Article 10 - Method of payment
This is an order with an obligation to pay, which means that the purchaser's order is passed Implique a regulation.
To settle the order, the purchaser has, at his choice, all the payment methods made available to him by the seller and listed on the seller's website. The purchaser guarantees to the seller that he has the necessary authorizations to use the payment method chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in the event of a refusal to pay by credit card from the officially accredited bodies or in case of non-payment.
In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who would not have paid a previous order in full or in part or with which a payment dispute is being administered.
Article Il - Product Availability - Refund - Resolution
Except in the event of force majeure or during the closing periods of the online store that will be clearly announced on the homepage of the site, the shipping times will, within the limits of the available stocks, be those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in Metropolitan France and Corsica, the deadline is 48 hours from the day after the day the buyer placed his order, as follows:
.The deadline will be 30 working days after the contract is concluded.
For deliveries in DOM-TOM or another country, the terms and conditions of delivery will be specified to the buyer on a case-by-case basis.
In case of non-compliance with the agreed date or delivery time: the buyer must, before breaking the contract, direct the seller to execute the contract within a reasonable additional time.
In the absence of execution at the expiry of this new period, the buyer may freely break the contract.
The buyer will have to perform these formalities by registered letter with acknowledgement of receipt or by writing on another sustainable medium.
The contract will be considered to be resolved at the receipt by the seller of the letter or writing the informant of this resolution, unless the professional performed in the meantime.
However, the purchaser may immediately resolve the contract, if the above dates or deadlines constitute an essential condition of the contract.
In this case, when the contract is resolved, the seller is required to refund the buyer of all the amounts paid: no later than 14 days after the date on which the contract was denounced.
In the event of unavailability of the ordered product, the purchaser will be informed as soon as possible and will be able to cancel the order. The buyer will then have the choice to request either the refund of the amounts paid within 14 days of their payment or the exchange of the product.
Article 12 - Method of delivery
Delivery refers to the transfer to the consumer of physical possession or control of the property. The products ordered are delivered in accordance with the terms and time specified above.
The products are delivered to the address indicated by the purchaser on the order form the purchaser must ensure its accuracy. Any parcels returned to the seller because of an erroneous or incomplete delivery address will be returned to the buyer's fees. The purchaser may: upon request, obtain the sending of an invoice to the billing address and not the delivery address, by validating the option provided for this purpose on the order form.
If the purchaser is absent on the day of delivery, the delivery will leave a notice of passage in the mailbox, which will allow to remove the parcel at the place and time specified.
If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If damaged, the purchaser must absolutely refuse the parcel and note a reservation on the delivery slip (colis refused because opened or damaged)
The purchaser must indicate on the delivery voucher and in the form of hand-written reserves accompanied by its signature any anomaly concerning the delivery (avarie, product missing from the damaged package voucher, broken products).
This verification is considered to be performed once the purchaser, or a person authorized by him, has signed the delivery form.
The buyer must then confirm by registered mail these reservations to the carrier no later than two working days after the receipt of the goods(s) and forward a copy of this mail by fax or simple mail to the seller to the address Indicated in the legal records of the site.
If the products need to be returned to the seller, they must be returned to the seller within 14 days of delivery. Any claim made out of this period may not be accepted. The return of the product can only be accepted for products in their original condition (packing, accessories, instructions)
Article 13 - Shipping errors
The purchaser must formulate with the seller the same day of delivery or no later than the first business day following any claim for error in the delivery and/or non-compliance of the products in kind or in quality with respect to the indications on the order form. Any claim beyond this period will be rejected.
The claim may be made at the buyer's choice:
- by phone to the following number: (+33) 01 76 21 79 27
- by email at 1' following address: email@example.com
Any claim not made in the rules defined above and within the specified time limits shall not be taken into account and shall release the seller from any liability to the buyer.
Upon receipt of the claim: the seller will assign an exchange number of the product(s) concerned and send it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.
In the event of an error of delivery or exchange, any product exchange or refund must be returned to the seller as a whole and in its original packaging, in Colissimo Recommended, the following address
Return costs are borne by the seller.
Article 14 - Guarantee of products
14-1 Legal Compliance Guarantee
The seller is responsible for the conformity of the property sold to the contract, allowing the purchaser to make an application under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code.
In the event of the implementation of the legal guarantee of compliance, it is recalled that:
- the buyer has a period of 2 years from the grant of the property to act ;
- the purchaser may choose between repair or replacement of the property, subject to the cost conditions provided for in article L. 217-17 of the code of consumption ;
- the purchaser does not have to demonstrate the non-compliance of the property within 24 months in the case of new property (6 months in the case of used goods), following the issuance of the property.
14-2 Legal guarantee of hidden defects
In accordance with articles 1641 and following of the Civil Code, the seller is responsible for hidden defects that may affect the property sold. It will be up to the purchaser to prove that the defects existed at the sale of the property and are of a nature to render the good unfit for the use to which it is intended. This guarantee must be implemented within two years of the discovery of the vice.
The buyer may choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Article 15 - Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the purchaser has 14 days from the date of delivery of the order, to return any item that is not suitable for him and to request exchange or refund without penalty, the exception of the return fees that remain the buyer's charge.
Returns are made in their original and complete condition (packing, accessories, instructions. allowing their remarketing in the new state, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not recovered.
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 sustainable support will be immediately communicated to the buyer. Any other form of withdrawal declaration is accepted. It must be devoid of ambiguity and express the will to withdraw.
In the event of the exercise of the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the delivery fee shall be refunded.
The return fee is at the expense of the buyer.
The exchange (subject to availability) or refund will be made within and within 14 days of receipt by the seller of the goods returned by the purchaser under the conditions specified above.
According to Article L221-2S of the Law of Revocation Code cannot be exercised for contracts:
- provision 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 ;
- the supply of goods made according to the specifications of the consumer or clearly customized ;
- provision of goods that may deteriorate or perish quickly ;
- provision of goods that have been sealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection ;
- the supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles:
- provision of alcoholic beverages whose delivery is delayed beyond thirty days and whose agreed value at the conclusion of the contract depends on market fluctuations beyond professional control ;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limits of spare parts and work strictly necessary to respond to the emergency ;
- provision of audio or video recordings or computer software when unsealed by the consumer after delivery ;
- providing a newspaper, periodical or magazine, except for subscription contracts these publications ;
- provision of a digital content not provided on a material medium whose execution began after express prior agreement of the consumer and expressly waived its right of withdrawal.
Article 16 - Force majeure
Any circumstances beyond the will of the parties preventing the performance under normal conditions of their obligations are considered to be causes of exemption from the obligations of the parties and result in their suspension.
The party who invokes the above circumstances must immediately notify the other party of their occurrence and of their disappearance.
Any facts or circumstances Irresistible: outside the parties, unpredictable, inevitable:
independent of the will of the parties and cannot be prevented by the parties, despite all reasonable efforts In a specific way, are considered as a case of force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies: earthquakes, fires, storms, floods, lightning, stopping telecommunications networks or difficulties specific to the external telecommunications networks to customers.
The parties will be closer to examining the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the force majeure case lasts more than three months, these general conditions may be terminated by the injured party.
Article 17 - Intellectual property
The content of the website remains the property of the seller, the sole holder of intellectual property rights on this content.
Buyers undertake to make no use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offence of counterfeiting.
Article I8 - Information and Freedoms
The nominal data provided by the purchaser are necessary for the processing of his order and for the preparation of invoices.
They can be communicated to vendor partners responsible for processing: management and payment of orders.
The processing of information provided through the website was the subject of a statement to CNIL.
The buyer has a right of permanent access, modification, rectification and opposition with respect to the information concerning him. This right may be exercised under the conditions and terms defined on the site.
Article 19 - Partial invalidation
If one or more stipulations of these General Terms and Conditions are held for non-declared under a law, by-law or following a final decision of a competent court, the other stipulations shall retain all their strength and scope.
Article 20 - No waiver
The fact that one of the parties does not avail itself of any breach by the other party of any of the obligations referred to in these Terms and Conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 21 - Title
In the event of a difficulty of interpretation between any of the titles in the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 - Language of contract
These general conditions of 'sale' are in French In the event that they are translated into one or more foreign languages: only the French text would be credible in the event of a dispute.
Article 23 - Mediation and settlement of disputes
The purchaser may resort to conventional mediation, including with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution (e.g., affiliation) in the event of a dispute. The names, contact information and e-mail address of the mediator are available on our website.
In accordance with Article 14 of Regulation (EU) No. 524 2013 , the European Commission has set up a platform for Online Litigation Regulation, facilitating the informal settlement of online disputes between consumers and professionals of the European Union. This platform is accessible to the following link: https://webgate.ec.europa.eu/odr/
Article 24 - Applicable law
These general conditions are subject to the application of French law. The competent court is the court.
It is so for substantive rules as for formal rules. In case of dispute or claim: the buyer will address the seller first to obtain a friendly solution.
Article 25 - Protection of personal data
The personal data collected on this site are as follows:
- account opening : when creating the user account, its
- connection: when connecting the user to the website, the user registers, in particular, his name, first name: connection data, use: location and payment data ;
- profile: the use of the services provided on the website allows to inform a profile, which can include an address and telephone number ;
- payment: as part of the payment of the products and services offered on the website, the website records financial data relating to the bank account or the credit card of the user ;
- communication: when the website is used to communicate with other members: data concerning the user's communications are subject to temporary storage ;
- cookies: cookies are used as part of the use of the site. The user has the option to disable cookies from the browser settings.
Use of data:
The purpose of the personal data collected from users is to provide the services of the website, improve and maintain a secure environment. Specifically, uses are as follows:
- user access and use of the website ;
- operation management and website optimization ;
- organization of the terms and conditions of use of Payment Services ;
- identification and authentication of data transmitted by the user ;
- proposal the user of the ability to communicate with other users of the website ;
- implementation of user assistance ;
- personalization of services by displaying advertisements according to the user's browsing history, according to its preferences ;
- fraud prevention and detection, malware (malicious software or malware) and security incidents management ;
- management of possible disputes with users ;
- delivery of commercial and advertising information, depending on user preferences.
Sharing personal data with third parties:
Personal data may be shared with third-party companies in the following cases:
- when the user uses payment services, for the implementation of these services, the website is in relation to third-party banking and financial companies with which it has contracted ;
- when the user publishes information accessible to the public in the free comments areas of the website ;
- when the user authorizes a third party's website to access its data ;
- when the website uses service providers to provide user support, advertising and payment services. These providers have limited access to the user's data, as part of the performance of these benefits: and have a contractual obligation to use them in accordance with the provisions of the applicable data protection regulations;
- if required by law, the website may transmit data to respond to claims against the website and comply with administrative and judicial procedures ;
- if the website is involved in an acquisition, disposal of assets or judicial recovery procedure, it may be required to assign or share all or part of its assets, including personal data. In this case, users would be informed before the personal data is transferred to a third party.
Security and confidentiality
The website implements organisational, technical, software and physical measures for digital security to protect personal data from unauthorized alterations, destruction and access. However, it is noted that the internet is not a fully secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of user rights:
In accordance with the regulations applicable to personal data, users have the following rights: they may exercise by applying to the following address:
• the right of access: they can exercise their right of access: to know the personal data concerning them. In this case, prior to the implementation of this right, the website may request proof of the user's identity to verify its accuracy.
• the right to rectification: if the personal data held is inaccurate, they may request the update of the information
• the right to delete data: users may request the deletion of their personal data:
in accordance with applicable data protection laws.
• the right to limitation of processing: Users may request the website to limit the processing of personal data in accordance with the assumptions provided by the GDPR.
the right to object to data processing: users may object to the processing of their data in accordance with the assumptions provided by the GDPR.
• the right to portability: they may request that the website give them the personal data provided to them to pass on a new website.
Evolution of this clause:
The website reserves the right to make any changes to this privacy clause at any time If an amendment is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail, within a minimum period of 15 days before the effective date If the user does not agree with the terms of the new wording of the personal data protection clause: it has the option to delete its account.
Revocation form to be counted by the consumer and send by registered letter with acknowledgement of receipt within the maximum period of 14 days after the date of conclusion of the benefit contract.
Article L. 217-4: "The seller delivers a property in accordance with the contract and responds to existing compliance defects when issued It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when the packaging was loaded by the contract or was carried out under its responsibility. "
Article L. 217-5: "The property complies with the contract:
1° If it is specific to the usually expected use of a similar property and: if applicable:
- if it corresponds to the description given by the seller and has the qualities that it has presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately wait with regard to the public statements made by the seller: by the producer or its representative, in particular in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the knowledge of the seller and that the seller has accepted."
Article L. 217-6: "The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately unable to know them"
Article L. 217-7: "Conformity defects that appear within a period of twenty-four months from the issuance of the property are presumed to exist at the time of issue, unless otherwise proved. For used goods, this period is set at six months, the seller may fight this presumption if it is not compatible with the nature of the property or the default of compliance invoked.
Article L. 217-8: "The buyer is entitled to demand the conformity of the good to the contract. However, he cannot challenge compliance by invoking a defect that he knew or could not ignore when he contracted. The same is true when the defect originates in the materials that he himself provided "
Article L. 217-9: "In the event of a lack of conformity: the buyer chooses between the repair and the replacement of the property.However: the seller may not proceed according to the buyer's choice if this choice results in a clearly disproportionate cost to the other modality, given the value of the property or the importance of the default. It is then obliged to proceed, except Impossibility: according to the mode not chosen by the buyer."
Article L. 217-10: "If the repair and replacement of the property are impossible, the buyer can render the good and be returned the price or
keep the good and get a part of the price. Find 0 If the solution requested, proposed or agreed under section L. 217-9 cannot be implemented within one month of the buyer's claim; 2° Or if this solution cannot be without any major disadvantage to it given the nature of the good and the use it seeks. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor. "
Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place without any charge to the buyer. These same provisions do not impede the allocation of damages.
Article L. 217-12: "The action resulting from the failure to comply is prescribed by two years from the issuance of the property."
Article L. 217-13: "the provisions of this section do not deprive the purchaser of the right to exercise the action resulting from the prohibited defects as it arises from articles 1641 to 1649 of the civil code or any other act of a contractual or extra contractual nature which is recognized by the law."
Article L. 217-14: "The recursory action fears to be exercised by the final seller against successive vendors or intermediaries and the producer of tangible property according to the principles of the civil code.
Article L. 217-15: "The commercial guarantee means any contractual commitment of a professional to the consumer for the refund of the purchase price, replacement or repair of the property or the provision of any other service in relation to the property: in addition to its legal obligations to guarantee the conformity of the property.
The commercial guarantee is the subject of a written contract, a copy of which is handed over to the buyer.
The contract specifies the contents of the guarantee: the terms and conditions of its implementation, its price: its duration, its territorial scope and the name and address of the guarantor.
In addition, it makes clear and precise mention that, regardless of the commercial warranty, the seller remains bound by the legal compliance guarantee referred to in sections L. 217-4 L. 217-12 and the defect of the thing sold under the conditions provided for in sections 1641 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4: L _ 217-5: L. 217-12 and L. 217-16 as well as Article 1648 and the first paragraph of Article 1648 of the Civil Code are fully reproduced in the contract.
In the event of non-compliance, the guarantee remains valid. The buyer is entitled to avail himself of it. "
Article L. 217-16: "When the buyer asks the seller, during the course of the commercial guarantee that was granted to him during the acquisition or repair of a furniture property, a remediation covered by the guarantee, any period of immobilization of at least seven days shall be added to the duration of the remaining warranty.
This short period from the request for intervention of the purchaser or the provision for repair of the subject property SI this provision is after the request for intervention.
Article 1641: "The seller is bound by the guarantee because of the hidden defects of the thing sold that make it unfit for the use to which it is intended or that so diminish this use, that the buyer would not have acquired it, or would have given it only a lesser price, if he had known them."
Article 1648: "The action resulting from redhibitral defects must be brought by the purchaser, within two years of the discovery of the vice. In the case provided by section 1642-1: the action shall be brought, barely forfeited, in the year after the date on which the seller may be discharged from apparent defects or defects in conformity”