Terms and conditions of sale
TERMS AND CONDITIONS OF SALE
ARTICLE ONE - Champ application
The online store " Growshops.fr" online store was created and is operated by the company Growshops.
The present General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company Growshops to non-professional buyers wishing to purchase the products offered for sale by the Vendor on its website Growshops.fr website
These conditions apply to the exclusion of all other conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.
These General Terms and Conditions of Sale are accessible at all times on this website and shall prevail, where applicable, over any other version or any other contradictory document.
In the absence of proof to the contrary, the data recorded by the company Growshops constitute proof of all transactions.
In accordance with Article L.111-1 of the French Consumer Code, the content of " Growshops.fr" allows the customer to know the essential characteristics of the selected product(s) before placing an order.
Product offers are subject to availability. Information on product availability is provided at the time the order is placed.
Modifications to these General Terms and Conditions of Sale are enforceable against users of the site from the date they are placed online, and cannot be applied to transactions concluded previously. Validation of the order by the purchaser implies unreserved acceptance of these General Terms and Conditions of Sale.
ARTICLE 2 - Right of withdrawal
In accordance with the provisions of article L 121-21 of the French Consumer Code, the Buyer has a period of 14 working days from 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 Vendor for exchange or reimbursement, provided they are returned in their original packaging and in perfect condition within 14 days of informing the Vendor of his or her decision to withdraw. Damaged, soiled or incomplete items will not be refunded or exchanged. Return shipping costs are the sole responsibility of the Buyer. Products must be returned with the invoice. The exchange (subject to availability) or refund will be made within 14 working days of receipt by the Vendor of the items returned by the Buyer. Refunds will be made according to the original method of payment, by credit card or bank transfer.
Any request to the company Growshops may be made :
- by e-mail using the firstname.lastname@example.org form.
- by telephone on 0 809 100 420 from Monday to Friday, 10:30am to 12:00pm and 2:30pm to 4:00pm.
Products for oral use cannot be returned or exchanged, for reasons of safety and hygiene. 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 - Order validation
It is the Customer's responsibility to select the products he/she wishes to order on the site.
Any order form signed by the customer by "double-clicking" constitutes an irrevocable acceptance which can only be challenged in the cases exhaustively provided for in the present general terms and conditions of sale, such as the right of retraction and out-of-stock condition.
In accordance with the French law of March 13, 2000 on electronic signatures, from the moment the customer registers his order or "double clicks" on any order form, the customer's order is considered to have been accepted with full knowledge of the facts and is irrevocable, as regards prices, volumes and quantities.
Acceptance of the order is subject to full payment and collection.
In the event of cancellation of the order by the Customer after its acceptance by the Service Provider, beyond the 14 days resulting from the right of withdrawal, for any reason whatsoever except force majeure, a sum corresponding to 10% of the total invoice will be retained by the Service Provider, by way of damages, in compensation for the loss thus suffered.
ARTICLE 4 - Prices
Products are supplied at the current prices shown on the site when the order is registered by the Vendor. Prices are expressed in Euros and include VAT (all taxes), with the exception of deliveries to countries outside the European Union, where prices are expressed in Euros and exclude VAT (all taxes). All costs, duties and taxes associated with customs clearance operations are the responsibility of the Customer.
These prices are firm and non-revisable during their period of validity, as indicated on the Vendor's website. They do not include processing, shipping, transport and delivery charges, which are invoiced in addition.
An electronic invoice is drawn up by the Vendor and sent to the customer at the e-mail address that the latter has communicated to the Vendor.
Growshops reserves the right to cancel any order for which the price is incorrect as a result of a computer bug, hacking, input error or other malicious act, whether internal or external to the company. Growshops will be obliged to inform the customer, cancel the order and proceed to a refund if necessary. If you notice an error, please contact us by e-mail at email@example.com.
A flat-rate Eco-Packaging charge of €1.90 inc. VAT is applied to each order, regardless of its value.
(**) prices per liter/per kilogram and all other units of measurement 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 for your order, Growshops offers the Buyer various methods of payment as indicated on the order form, namely: credit card with secure cash payment and bank transfer.
Payment by bank card with secure payment is made with Payplug.
Payment in installments/deferred is available via our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.
For payment in 2x, 3x or 4x, snly purchases between €50 and €3,000 are eligible for payment with Alma.
By paying in instalments with Alma, the customer does not pay any fees.
Alma is a tele-payment manager and issues an electronic certificate that will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the Civil Code.
Termination: Any termination of the General Terms and Conditions binding the Vendor and the customer shall result in the termination of the General Terms and Conditions between Alma and the customer.
Credit card payments are debited at the time the order is placed.
Orders paid by bank transfer will only be processed on receipt of payment. Availability and shipping times are recalculated from the date of receipt of payment.
Gowshops reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations. The company Growshops in particular, the company 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 for a previous order, or with whom a payment dispute is in progress.
Growshops shall not be held responsible for any misappropriation or fraudulent use of any means of payment not detected by the verification procedure.
Growshops retains full ownership of the products sold until full payment has been received for all sums due by the customer in respect of the order, including charges and taxes.
The transfer of ownership of goods purchased from Growshops by the customer to a third party shall not be assumed by the company Growshops
Only the original purchaser of the goods is entitled to access the clauses of the present terms and conditions of sale.
ARTICLE 6 - Loyalty program Growshops
Products eligible for the loyalty program Growshops are indicated on the product sheet
They entitle you to the following discounts:
10€ = 1 loyalty point
1 loyalty point = 0.20 cents
Vouchers are available after delivery of the last order and can be deducted from the next order. They are valid for 365 days
ARTICLE 7 - Preparation / Delivery
a) Delivery time
Delivery times depend on the type of payment chosen by the customer.
Preparation of the order (indicative lead time 1 to 3 working days) takes place upon receipt of payment.
Products purchased by the Buyer will be dispatched in mainland 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.
All products are delivered right up to the kerb, or at the point where the carrier cannot drive his vehicle: the entrance to your house or the main door of your building. This means that the carrier does not carry the goods to your house or apartment.
Certain products or order volumes may nevertheless justify a longer delivery time.
b) Damage and partial loss
In the event of delivery of an obviously and visibly damaged parcel, it is the customer's responsibility to refuse it in order to benefit from the guarantee offered by the carrier. The user must also inform the publisher without delay, so that a new parcel can be prepared and dispatched on receipt of the damaged parcel. In such a case, the delivery times indicated above in these terms and conditions will no longer apply.
Likewise, the user must refuse any package that is incomplete or contains damaged items. In accordance with article L 133-3 of the French Commercial Code, receipt of transported items extinguishes any action against the carrier for damage or partial loss if, within three days (not including public holidays) of receipt, the consignee has not notified the carrier by registered letter of his justified protest. Failing to do so, the user will not be entitled to compensation.
ARTICLE 8 - Delivery errors - Non-conforming products - Product returns
The customer must notify the company of Growshops within 48 hours of delivery at the latest, any claim of delivery error and/or non-conformity of the products in question nature or quality in relation to the information on the order form. Any claim made after this deadline will be rejected without possibility of appeal.
Any complaint to the company Growshops may be made :
- by e-mail firstname.lastname@example.org
- by telephone on 0809100420 from Monday to Friday, 10.00am to 12.30pm and 2.30pm to 4.00pm.
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.
Customers are reminded that they benefit from the legal guarantee against hidden defects (art 1641 to 1649 of the French Civil Code) and the legal guarantee of conformity (art L211-1 et seq. of the French Consumer Code). The buyer has 2 years from the date of delivery to take action. Under the warranty of conformity, the buyer can choose between repair or replacement. When invoking the warranty against hidden defects, the purchaser may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
Any product to be exchanged or refunded must be returned within 14 working days of receipt of the return agreement to the company Growshops in its entirety (including accessories and instructions) and in its original packaging in perfect condition, by 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 notified in advance to the company's Customer Service Department Growshops. The printed returns form must be enclosed in the parcel.
In the event of delivery errors or non-conforming products, the shipping costs advanced by the customer will be reimbursed by the company Growshops (upon presentation of proof and within the limit of the cost of registered parcel post), except in the event that the product taken back does not correspond to the original declaration made by the customer in the returns form.
If the above procedure is not followed, no claim for non-conformity or apparent defect of the products delivered will be accepted.
The exchange (subject to availability) or refund will be made within 14 working days of receipt by the Vendor of the items returned by the Buyer. Refunds will be made according to the original method of payment, by credit card or bank transfer.
Hygiene and cosmetic health products (including sprays), which have been unsealed and/or used by the consumer, cannot be returned for reasons of hygiene and health protection.
In all other cases, the return of the product will be the sole responsibility of the customer.
ARTICLE 9 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Vendor's products to the Buyer will only take place after full payment of the price by the latter, regardless of the date of delivery of said products.
ARTICLE 10 - Seller's liability - Warranty
Products supplied by the Vendor benefit, in accordance with legal provisions,
- the legal guarantee of conformity,
- the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
- the manufacturer's warranty, depending on the products and brands concerned.
All warranties are excluded in the event of misuse, negligence or lack of maintenance on the part of the Buyer, as well as in the event of normal wear and tear, accident or force majeure, and the Seller's warranty is limited to the replacement or reimbursement of non-conforming or defective products.
In order to assert his rights, the Buyer must, under penalty of forfeiture of any action relating thereto, inform the Vendor in writing of the existence of the defects within a maximum period of 8 days from their discovery.
The Vendor will replace or repair any products or parts under warranty found to be defective.
The products sold on the website comply with the regulations in force in France. The Vendor may not be held liable in the event of non-compliance with the legislation of the country to which the products are delivered, which it is up to the Buyer to check.
The Buyer is solely responsible for the choice of products, their conservation and use.
The Vendor shall not be held responsible or liable for any delay or non-performance resulting from the occurrence of a case of force majeure as usually recognized by French jurisprudence.
All electrical equipment supplied in kit form must be connected by a qualified professional electrician. The responsibility of Growshops shall not be held liable for any failure to comply with these installation instructions.
As an essential condition of sale, it is reminded that the Buyer is solely responsible for the use of the Seller's Products, their suitability for the use made of them and their destination. The Buyer shall refrain from any use of the Seller's Products which would be contrary to public policy, to the provisions of the French 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 more stipulations of the present terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations shall retain their full force and scope.
ARTICLE 12 - Data protection
Pursuant to the French Data Protection Act 78-17 of January 6, 1978, the Buyer is reminded that the personal data requested from him/her is necessary for the processing of his/her order and, in particular, for the preparation of invoices.
The processing of information communicated via the Vendor's site has been declared to the CNIL under number 1863147.
In accordance with current national and European regulations, the Buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him/her.
ARTICLE 13 - Intellectual property
The content of the site is the property of the Vendor and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.
In addition, Growshops remains the owner of all intellectual property rights on studies, drawings, models, prototypes, etc., produced (even at the Customer's request) with a view to providing services to the Customer. The Customer is therefore prohibited from reproducing or exploiting said studies, drawings, models, prototypes, etc., without the express prior written authorization of Growshops which may require financial compensation.
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. Should it be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 15 - Disputes
All disputes arising from the present contract, concerning its validity, interpretation, performance, termination, consequences and follow-up, shall be submitted to the competent courts under the conditions of common law.
In the event of litigation with professionals and/or merchants, the competent commercial court will be that of the location of the company's registered office Growshops.
In accordance with article L 616-1 of the French Consumer Code, any consumer has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of a dispute with a professional.
The competent mediator is :
Fédération e-commerce et vente à distance
60 rue La Boétie
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 acceptance of these General Terms and Conditions of Sale, which is expressly acknowledged by the Buyer, who notably waives the right to invoke any contradictory document that may be unenforceable against the Vendor.