General terms and conditions of sale
GENERAL CONDITIONS OF SALE
ARTICLE ONE - Champ application
The online store " Growshops.fr" online store has been created and is operated by the company Growshops.
The present General Conditions of Sale apply, without restriction nor reserve to the whole of the sales concluded by the company Growshops to non-professional buyers, wishing to acquire the products offered for sale by the Seller on its website Growshops.fr
These conditions apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or by means of other distribution and marketing channels.
These General Terms and Conditions of Sale are accessible at any time on this website and will prevail, if necessary, over any other version or any other contradictory document.
Unless proven otherwise, the data recorded by the company Growshops constitute the proof of all transactions.
In accordance with Article L.111-1 of the Consumer Code, the content of " Growshops.fr " allows, before the conclusion of an order, the customer to know the essential characteristics of the selected products
The product offers are within the limits of available stocks. The indications on the availability of the products are provided at the time of the placing of the order.
The modifications of these General Conditions of Sale are opposable to the users of the site as from their setting on line and cannot apply to the transactions concluded previously The validation of the order by the buyer is worth acceptance without reserve of the present General Conditions of Sale.
ARTICLE 2 - Right of withdrawal
The Buyer has, in accordance with the provisions of Article L 121-21 of the Consumer Code, a period of 14 working days from the delivery of the products to inform the company Growshops of his intention to exercise his right of withdrawal. The buyer must then return the products to the Seller for exchange or reimbursement, provided that the products are returned in their original packaging and in perfect condition within 14 days of the communication of his decision to withdraw. Damaged, soiled or incomplete items will not be refunded or exchanged. The return costs will be the exclusive responsibility of the Buyer. The return of the products must be accompanied by the invoice. The exchange (subject to availability) or refund will be made within 14 working days of receipt by the Seller of the items returned by the Buyer. The refund will be made according to the original method of payment, by credit card, paypal or bank transfer.
Any request to the company Growshops can be made
- by mail via the form of email@example.com.
- by phone at 0809100420 from Monday to Friday from 10:30 to 12:30 and from 14:30 to 16:00.
Products for oral use will not be returned or exchanged, for safety and hygiene reasons Any product to be exchanged or refunded must be returned in its entirety (including accessories and instructions) and in its original packaging in perfect condition by a carrier with insurance covering the market value of the returned products, to the following address
Entrepôt logistique - GS
Rue du Tourteret
60880 Le Meux
ARTICLE 3 - Validation of orders
It is up to the Customer to select on the site the products which he wishes to order.
Any order form signed by the customer by "double click" constitutes an irrevocable acceptance which can be called into question only in the cases restrictively envisaged in the present general conditions of sale like the right of retractation and the shortage of stock.
According to the law of March 13, 2000 on the electronic signature, from the moment the customer registers his order or "double click" on any order form, the customer's order is considered as accepted with full knowledge of the facts and irrevocable, both in terms of prices, volumes and quantities.
The acceptance of the order is subject to the payment and collection of it in its entirety.
In case of cancellation of the order by the Customer after its acceptance by the Provider, beyond the 14 days resulting from the right of withdrawal, for any reason except force majeure, a sum corresponding to 10% of the total invoice will be acquired to the Provider, as damages, in compensation for the loss thus suffered.
ARTICLE 4 - Price
The products are supplied at the prices in force appearing on the site, at the time of the recording of the order by the Salesman. The prices are expressed in Euros and inclusive of all taxes.
These prices are firm and non revisable during their period of validity, as indicated on the site of the Seller. They do not include the costs of processing, shipping, transportation and delivery, which are charged in addition.
An electronic invoice is established by the Seller and sent to the customer on the email address that the latter has communicated to the Seller.
Growshops the Seller reserves the right to cancel any orders on which the prices would be erroneous following a computer bug, hacking, error of seizure or other internal or external malice to the company Growshops will be required to warn the customer, to cancel the order and to proceed, if necessary, to the refund. If you notice an error, please contact us by email at firstname.lastname@example.org.
A fixed participation Eco-wrapping of 1.90€ TTC is applied to each order, whatever its amount.
(**) prices per liter / per kilogram and any other unit of measure are indicated excluding promotional prices.
ARTICLE 5 - Terms of payment
The price is payable in full on the day the order is placed by the Buyer.
To pay his order, Growshops proposes to the buyer various methods of payment referred to in the order form, namely: credit card with secure payment, paypal and bank transfer
Payments by credit card are debited at the time of placing the order.
Any order paid by bank transfer will be processed upon receipt of payment. The availability and shipping times are recalculated from the date of receipt of the payment method
Gowshops reserves the right to suspend all order processing and deliveries in case of refusal to authorize payment by credit card by the officially accredited organizations. The company Growshops reserves the right to refuse to make a delivery or to honor an order from a customer who has not paid in full or in part a previous order or with whom a payment dispute is being administered
Growshops shall not be held responsible for any embezzlement or fraudulent use of any means of payment that has not been detected by the verification procedure
Growshops the company retains full ownership of the products sold until full payment of all sums due by the customer in connection with his order, including expenses and taxes
The transfer of property of a good bought at Growshops by the customer to a third person, will not be taken in charge by the company Growshops
Only the original purchaser of this good can claim to reach the clauses of the present general conditions of sale.
ARTICLE 6 - The loyalty program Growshops
Products eligible for the loyalty program Growshops are indicated on the product sheet
They give right to the following discounts:
10€ = 1 loyalty point
1 loyalty point = 0.20 cents
The vouchers are available after delivery of the last order and can be deducted during the next order and are valid for 365 days
ARTICLE 7 - Preparation / Delivery
a) Delivery time
The delivery time depends on the type of payment chosen by the customer.
The preparation (indicative time 1 to 3 working days) of the order will take place upon receipt and collection of payment.
The products purchased by the Buyer will be shipped in metropolitan France within a maximum of 5 to 6 working days to the address indicated by the Buyer when ordering on the website, subject to available stocks.
Deliveries are made by an independent carrier.
The delivery of all products is made up to the curb, at the maximum point where the carrier cannot drive his vehicle: entrance of your house or main door of your building, which implies that the carrier does not carry the goods to your house or apartment.
Certain products or certain order volumes may nevertheless justify a longer delivery time.
b) Damage and partial loss
In case of delivery of a package obviously and visibly damaged, it is up to the customer to refuse it in order to enjoy the guarantee offered by the carrier. The user must also inform the publisher without delay, so that a new package can be prepared and sent upon receipt of the damaged package. In such a case, the delivery times indicated above in these terms and conditions will no longer apply.
Likewise, the user must refuse any incomplete package or one with damaged items. In accordance with Article L 133-3 of the French Commercial Code, the receipt of the transported items extinguishes any action against the carrier for damage or partial loss if, within three days, not including public holidays, following the day of receipt, the recipient has not notified the carrier, by registered letter, of his justified protest. In the absence of proceeding to this formality, the user cannot be compensated.
ARTICLE 8 - Errors of delivery - Non-conforming products - Return of products
The customer will have to formulate with the company Growshops within 48 hours following the delivery, any claim of error of delivery and/or non-conformity of the products in nature or in quality compared to the indications on the order form. Any complaint formulated beyond this deadline will be rejected without possibility of appeal
Any complaint to the company Growshops can be made
- by e-mail email@example.com
- by phone at 0809100420 from Monday to Friday from 10:00 to 12:30 and from 14:30 to 16:00.
Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the company Growshops of any responsibility towards the customer.
It is reminded that the customer benefits from the legal guarantee against hidden defects (art 1641 to 1649 of the civil code) and the legal guarantee of conformity (art L211-1 and following code of consumption). The buyer can act within 2 years from the delivery of the goods. The buyer can choose between repair or replacement of the good under the guarantee of conformity. When implementing the guarantee against hidden defects, the buyer can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Any product to be exchanged or refunded must be returned within 14 working days following receipt of the return agreement to the company Growshops in its entirety (including accessories and instructions) and in its original packaging in perfect condition, in a carrier with insurance covering the market value of the returned products, to the following address Entrepôt logistique GS Rue du Tourteret 60880 Le Meux. All returns must be reported in advance to the Customer Service of the company Growshops. The printed return form must be slipped inside the package
In case of delivery errors or non-conforming products, the shipping costs advanced by the customer will be refunded by the company Growshops (on receipts and within the limit of the cost of a sending in colissimo recommended), except in the case where it would prove that the taken back product does not correspond to the declaration of origin made by the customer in the good of return
If the above procedure is not followed, no claim for non-conformity or apparent defect of the delivered products will be accepted.
The exchange (subject to availability) or refund will be made within 14 working days from receipt by the Seller of the items returned by the Buyer. The refund will be made according to the original method of payment, by credit card, paypal or bank transfer.
In all other cases, the return of the product will be exclusively at the expense of the customer.
ARTICLE 9 - Transfer of ownership - Transfer of risks
The transfer of property of the products of the Salesman, with the profit of the Purchaser, will be carried out only after complete payment of the price by this last, and this whatever the date of delivery of the aforementioned products.
ARTICLE 10 - Responsibility of the Seller - Guarantee
The products supplied by the Seller benefit, in accordance with the legal provisions,
- the legal guarantee of conformity,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
- the manufacturer's warranty, depending on the products and brands concerned.
Any warranty is excluded in case of misuse, negligence or lack of maintenance by the Buyer, as well as in case of normal wear and tear of the goods, accident or force majeure and the Seller's warranty is limited to the replacement or reimbursement of the non-conforming products or those affected by a defect.
In order to assert its rights, the Buyer shall, under penalty of forfeiture of any action relating thereto, inform the Seller, in writing, of the existence of the defects within a maximum period of 8 days from their discovery.
The Seller will replace or repair the products or parts under warranty deemed defective
The products sold on the website comply with the regulations in force in France. The responsibility of the Seller cannot be engaged in case of non respect of the legislation of the country in which the products are delivered, which it is up to the Buyer to check.
The Buyer is solely responsible for the choice of the products, their conservation and their use.
The Seller shall not be considered responsible or liable for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French jurisprudence.
All electrical equipment supplied in kit form must be connected by a qualified professional electrician. The responsibility of Growshops will not be held responsible for any failure to comply with these installation instructions.
As an essential condition of the sale, it is recalled that the Buyer is solely responsible for the use of the Seller's Products, their suitability for the use that is made and their destination. The Buyer shall refrain from any use of the Seller's Products that would be contrary to public order, to the prescriptions of the Public Health Code, and more generally to the legal or regulatory provisions applicable under French and European law.
Article 11: Partial non-validation
If one or several stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
ARTICLE 12 - Data processing and Freedoms
In application of the law 78-17 of January 6, 1978, it is recalled that the personal data which are requested to the Purchaser are necessary to the treatment of its order and the establishment of the invoices, in particular.
The processing of information communicated through the Seller's site has been declared to the CNIL under the number 1863147.
The Buyer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to the information concerning him.
ARTICLE 13 - Intellectual property
The content of the site 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 infringement of copyright.
In addition, Growshops remains the owner of all the intellectual property rights on the studies, drawings, models, prototypes, etc., carried out (even at the request of the Customer) with a view to providing the services to the Customer. The Customer shall therefore refrain from any reproduction or exploitation of the said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of Growshops which may make it conditional on a financial consideration.
ARTICLE 14 - Applicable law - Language
By express agreement between the parties, this contract is governed by and subject to French law.
It is written in French. In the event that it is translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 15 - Litigation
All disputes to which the present contract could give rise, concerning its validity, its interpretation, its execution, its cancellation, their consequences and their consequences will be submitted to the competent courts under the conditions of common law.
In the event of litigation with professionals and/or traders, the competent commercial court will be that of the place of the company's registered office Growshops.
In accordance with the article L 616-1 of the code of consumption any consumer has the right to have recourse free of charge to a mediator of consumption in order to resolve amicably the dispute which opposes it to a professional.
The competent mediator is :
12 rue Euler
Tel. 01 44 43 99 00
Email : firstname.lastname@example.org
ARTICLE 16 - Acceptance by the Buyer
The fact that a natural person (or legal entity) places an order on the Vendor's Internet site implies full and complete acceptance of these General Terms and Conditions of Sale, which is expressly recognized by the Buyer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Vendor.