General terms and conditions of sale
GENERAL CONDITIONS OF SALE
ARTICLE 1 - Scope of application
The online store " Growshops.co.uk " 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 near non-professional purchasers, wishing to acquire the products proposed with the sale by the Salesman on its Internet site 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 circuits.
These General Conditions of Sale are accessible at any time on this Internet site and will prevail, if necessary, on any other version or any other contradictory document.
Except contrary proof, the data recorded by the company Growshops constitute the proof of the whole of the transactions.
According to the Article L.111-1 of the code of consumption, the content of " Growshops.fr " allows, before the conclusion of an order, the customer to know the essential characteristics of the selected product(s)
The offers of products get along within the limit of the 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 purchaser implies acceptance without reserve of these General Conditions of Sale.
ARTICLE 2 - Right of withdrawal
The Buyer has, according to the dispositions of the article L 121-21 of the Code of Consumption, a period of 14 working days from the delivery of the products to inform Growshops of his intention to exercise his right of withdrawal. The buyer must then return the goods to the Seller for exchange or refund, provided that the goods 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 reimbursement will be made according to the original method of payment, by credit card, by paypal or by 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.
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 he wishes to order.
Any order form signed by the customer by "double click" constitutes an irrevocable acceptance which can be questioned only in the cases limitativement envisaged in the present general conditions of sale like the right of retractation and the out-of-stock condition.
According to the law of March 13, 2000 on 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 by the 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 provided 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 reserves the right to cancel any orders where the prices are wrong due to computer bugs, hacking, input errors or other internal or external malice. Growshops will be obliged to notify the customer, cancel the order and proceed to a refund if necessary. If you notice an error, please contact us by email at firstname.lastname@example.org.
A flat rate Eco-Packaging fee of 1.90€ TTC is applied to each order, regardless of the 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 cash, in full on the day the order is placed by the Buyer.
In order to pay for the order, Growshops offers the buyer different methods of payment mentioned in the order form, namely: credit card with secure cash 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
The company Gowshops reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by bank card from the officially accredited organizations. The company Growshops reserves the right to refuse to carry out a delivery or to honour an order emanating from a customer who would not have regulated completely or partially a preceding order or with which a litigation of payment would be in the course of administration
Growshops cannot be held responsible for any misuse or fraudulent use of any means of payment that has not been detected by the verification procedure
Growshops retains full ownership of the products sold until all sums due by the customer in connection with the order have been paid in full, including costs and taxes
The transfer of ownership of goods bought from Growshops by the customer to a third party will not be taken over by Growshops
Only the original purchaser of the goods can claim access to the clauses of these general conditions of sale.
ARTICLE 6 - The Growshops loyalty program
The products eligible for the Growshops loyalty program are indicated on the product sheet
They give the 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 from 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 availability.
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 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 to the company Growshops at the latest in the 48hrs following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications being reproduced on the order form. Any complaint formulated beyond this delay will be rejected without possibility of appeal
Any complaint with the company Growshops can be made
- by mail email@example.com
- by telephone 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 with respect to 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 from 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 he/she implements 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 will have to be returned within 14 working days following the reception of the agreement of return to the company Growshops in its entirety (accessories and notes included) and in its original packing in perfect state, in carrier with insurance covering the market value of the returned products, at the following address Entrepôt logistique GS Rue du Tourteret 60880 Le Meux. Any return will have to be announced beforehand to the Customer Service of the company Growshops. The printed return form, will have to be slipped inside the parcel
In case of delivery errors or non-conforming products the shipping costs advanced by the customer will be reimbursed by Growshops (on proof and within the limit of the cost of a registered colissimo shipment), except in the case that the returned product does not correspond to the original declaration made by the customer in the return form
If the above procedure is not respected, no claim for non-conformity or apparent defect of the delivered products can 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.
Seller shall replace or repair any products or parts under warranty found to be defective
The products sold on the Internet site are in conformity 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. Growshops will not be held responsible for any failure to comply with these installation instructions.
As an essential condition of the sale, it is reminded that the Buyer is solely responsible for the use of the Seller's products, their suitability for the purpose 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 Vendor'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 offence of counterfeiting.
Furthermore Growshops remains the owner of all intellectual property rights on studies, drawings, models, prototypes, etc., made (even at the request of the Customer) in view of the provision of the services to the Customer. The Customer is therefore forbidden to reproduce or exploit the said studies, drawings, models, prototypes etc. without the express written permission of Growshops, which may be conditional on a financial consideration.
ARTICLE 14 - Applicable law - Language
By express agreement between the parties, the present contract is governed by and subject to French law.
It is written in French language. 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 case of litigation with professionals and/or traders, the competent court of commerce will be the one of the place of the head office of the company 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 for the amicable resolution of the litigation 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 website 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.