terms and conditions of use – UNI-VERT-BIEN-ÊTRE
1.1 UNI-VERT-BIENÊTRE, a simplified joint-stock company with share capital of €2,500, whose registered office is located at 305, rue du Château d'eau in Pannes (45700), registered with the Trade and Companies Register of Orléans under number 895 129 252 (“UNI-VERT-BIENÊTRE”, “we”, “us”, “our”) is the publisher of the UNI-VERT-BIENÊTRE e-commerce website, accessible at the addresses www.univertbienetre .com (hereinafter the “Site”). Access to and use of the Site are subject to these “General Terms and Conditions of Sale” (or “GTC”) as well as to applicable laws and regulations.
1.2 These T&Cs are applicable between UNI-VERT-BIENÊTRE and users of the Site who place an order and purchase a Product (hereinafter the “Customers”, “you”, “your”, “your”).
2.1 The terms and expressions defined below have the following meaning:
(a) Customer: means any user who places an order and purchases a Product on the Site.
(b) User Account: refers to the account that each user may have on the Site in order to place an order.
(c) Parties: designates together UNI-VERT-BIENÊTRE and the Customer.
(d) UNI-VERT-BIENÊTRE: refers to the company UNI-VERT-BIENÊTRE, a simplified joint-stock company with capital of €2,500, whose registered office is located at 305 rue du Château d'eau in Pannes (45700), registered in the Orleans Trade and Companies Register under number 895 129 252.
(e) Product: refers to food products, cosmetics, oils, herbal medicine, herbal teas, infusions and products made from ecological textile fibres.
(f) User: means any person who uses the Site.
3. ACCEPTANCE AND OPPOSABILITY
3.1 These T&Cs are intended to define the terms of the contract concluded at a distance between you and us. The GCS define the obligations and commitments of the Parties in the process of ordering the Products.
3.2 These T&Cs are binding on the Customer as soon as the latter has accepted them when placing an order on the Site.
3.3 The T&Cs may be modified or amended at any time by UNI-VERT-BIENÊTRE. The new version of the T&Cs will be notified to the Customer.
4. ORDER ON THE SITE
4.1 Order taking
(a) The Customer who wishes to order on the Site must have previously created his User Account, by entering his surname, first name, email, password and telephone number.
(b) After identifying himself via his User Account, the Customer enters the delivery address to have access to the Products which can be delivered to this address. Then the Customer can place an order by choosing the Products on the Site and adding them to his shopping cart.
(c) Once the shopping cart has been validated, the Customer must confirm or modify the delivery address and select the desired delivery time.
(d) By continuing with his order, the Customer acknowledges having read and accepted the GCS accessible by a hypertext link on the Site. This continuation of the order constitutes proof that the Customer has read the T&Cs and constitutes unreserved acceptance.
(e) In order to finalize the order, the Customer must enter his bank details in order to make payment by credit card.
(f) UNI-VERT-BIENÊTRE acknowledges receipt of the order upon validation by sending the Customer an order confirmation email summarizing the Products ordered and the delivery address.
(g) In certain cases, in particular for non-payment, incorrect address or any other problem related to the User Account, UNI-VERT-BIENÊTRE reserves the right to block the order until the problem is resolved.
4.2 Change of order
(a) For any order modification (delivery address, delivery date or content of the order), the Customer must contact customer service no later than three (3) working days before the desired delivery date and four ( 4) working days for international deliveries.
(b) The Customer can contact customer service by sending an email to email@example.com or by calling 06-74-92-72-46.
(c) In the event of modification of the order within the period provided for in this article, UNI-VERT-BIENÊTRE will invoice or reimburse the difference in amount to the Customer. In the event of modification outside the period provided for in this article, no modification and no refund will be made.
5.1 The Products are offered to the Customer according to his delivery address and within the limits of available stocks. Each Product offered is accompanied by a photograph, as well as a presentation and technical description of the Product. The descriptions are intended to present the Product and to provide its essential characteristics to the Customer and can in no way engage the responsibility of UNI-VERT-BIENÊTRE.
5.2 The photographs of the Products are provided for information only and do not enter into the contractual field.
5.3 The products offered on the Site are not medicines, and are not intended to diagnose, treat, cure or prevent any disease or medical condition.
5.4 All products come from varieties of hemp, listed in the European catalog, whose cultivation is authorized in France and in the rest of Europe, and have a THC level of less than 0.2% in the finished raw material, in accordance with the legislation in force.
6. DELIVERY CONDITIONS
6.1 Orders are delivered to the home of Customers in metropolitan France, French islands (in particular Corsica, Île de Ré, Île de Bréhat, Île d'Ouessant, Île Molène, Île de Batz, Belle Île en mer, Groix, Île aux Moines, Ile de Noirmoutier and Ile d'Yeu) and Monaco by Colissimo, TNT and FEDEX
6.2 Orders are also delivered to Canada, the United States and Guadeloupe (France) by Fedex.
6.3 Deliveries take place within the period specified when ordering.
6.4 The Customer is responsible for the information relating to the name and delivery address. These mentions must be precise, exact, and complete to allow a delivery under the normal conditions.
6.5 UNI-VERT-BIENÊTRE cannot be held liable in the event of a return of delivery due to an error in the address or an impossibility to deliver to the address indicated.
6.6 In the event that a delivery address is incomplete or imprecise, UNI-VERT-BIENÊTRE reserves the right to contact the recipient directly by telephone, in order to complete the missing delivery information with him insofar as the telephone number does not would not be wrong and the addressee available. If this were the case, the recipient would be charged additional delivery costs for the new delivery.
6.7 In the event of a delay in delivery due to UNI-VERT-BIENÊTRE, the Customer will be informed via the contact details provided. This is why it is important that contact details are complete and accurate. In the event of a breach of this delivery obligation on the date indicated or within the time limit provided, UNI-VERT-BIENÊTRE undertakes to set a new delivery date with the Customer and to replace the Products which are no longer consumable.
6.8 All Products purchased from UNI-VERT-BIENÊTRE are delivered to Customers through a transport company. Any risk of loss or damage to the Products is transferred to the Customer when the Customer or a third party designated by him, and other than the carrier of UNI-VERT-BIENÊTRE, takes physical possession of the Products.
6.9 Since the Products are perishable, UNI-VERT-BIENÊTRE cannot keep an order that has been forgotten by the Customer. Any forgotten order cannot be refunded under any circumstances.
7.PRICE AND PAYMENT
7.1 Payment for the Products is made by VISA, MASTERCARD or AMERICAN EXPRESS credit card, online from the Site, using the secure payment system. For more information, we invite you to consult the general conditions and the confidentiality policy available on our Site at the time of payment.
7.2 Delivery costs
Product prices do not include delivery charges.
The delivery costs of the Products depend on their place of delivery.
7.3 Payment must be made in euros. All prices displayed on the Site are in euros and include the amount of VAT applicable in France. For metropolitan France and the countries of the European Union, the prices are inclusive of all taxes (TTC), the VAT applied being that of the day of the order. Any change in the VAT rate will be automatically reflected in the price of the Products. For other countries, prices are exclusive of VAT.
7.4 In the event of non-payment, UNI-VERT-BIENÊTRE reserves the right to block the order until the problem is resolved. In the event of prolonged non-payment, UNI-VERT-BIENÊTRE reserves the right to terminate the sale as of right, without prejudice to any other damages.
UNI-VERT-BIENÊTRE is liable for lack of conformity of the Products in accordance with articles L.217-4 and following of the Consumer Code and for hidden defects of the thing sold, under the conditions provided for in articles 1641 and following of the Civil Code.
8.1 Legal guarantee of conformity
(i) The Customer has a period of two (2) years from the delivery of the goods to act on the basis of the legal guarantee. As such, the Customer must demonstrate the date and place of purchase (Site for example) of the Product.
(ii) In the event of a lack of conformity, the Customer may choose between repairing or replacing the goods, in accordance with Article L. 217-9 of the Consumer Code. UNI-VERT-BIENÊTRE may however choose not to proceed according to the Customer's choice if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the goods or the importance of the defect.
(iii) If the repair or replacement of the goods is impossible, the Customer may choose between the refund of part of the price or the termination of the contract, in accordance with Article L. 217-10 of the Consumer Code.
(iv) During the two (2) years following the delivery of the goods covered by the order, the Customer is exempted from providing proof of the existence of the lack of conformity. This guarantee of conformity does not apply to normal wear and tear of the Products.
8.2 Warranty against defects in the item sold
(i) The Customer may also exercise the guarantee against hidden defects of the thing sold as provided for in article 1641 of the Civil Code.
(ii) In this case, the Customer can choose between rescinding the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
9.RIGHT OF WITHDRAWAL
9.1 What is the right of withdrawal?
(a) In accordance with article L.221-18 of the Consumer Code, the Customer may withdraw from his order without having to give any reason and without penalty, within a period of fourteen (14) days from the receipt of the Products covered by the order, by the Customer or by a third party designated by the latter.
9.2 Cases where the right of withdrawal cannot be exercised
(a) The exercise of the right of withdrawal is excluded for the following products:
products made to consumer specifications or clearly personalized;
products liable to expire rapidly or deteriorate rapidly;
products only unsealed after delivery and which cannot be returned for reasons of hygiene or health protection; and
products which, after being delivered and by their nature are inseparably mixed with other items.
9.3 Conditions for exercising the right of withdrawal
(a) To exercise the right of withdrawal for the Products concerned, the Customer must notify his decision to withdraw by means of an unambiguous declaration:
by post to the address UNI-VERT-BIENÊTRE, 305 rue du Château d’eau in Pannes (45700);
by email at firstname.lastname@example.org
by returning the withdrawal form below in accordance with the appendix to article R.221-1 of the Consumer Code.
For the attention of UNI-VERT-BIENÊTRE, 305, rue du Château d'eau in Pannes (45700), email@example.com
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only in case of notification of this form on paper):
(*) Strike out the useless mention.
(b) Once their wish to withdraw has been communicated, the Customer must return the Product purchased on the Site to UNI-VERT-BIENÊTRE at the address UNI-VERT-BIENÊTRE, 305 rue du Château d'eau in Pannes (45700), without undue delay and in any case within a maximum period of fourteen (14) days after communication of the decision to withdraw. The Customer must bear the cost of returning the Products.
(c) The Products must be returned in their original form, i.e. without having been used, damaged, and without their merchantability having been compromised. UNI-VERT-BIENÊTRE will not accept the return of opened, unpacked, damaged or used Products.
(d) In the event of withdrawal by the Customer from these GCS and after having checked the condition of the Product returned by the Customer, UNI-VERT-BIENÊTRE will reimburse the Customer for all payments received from it, without undue delay and, in any case, no later than fourteen (14) days from the day UNI-VERT-BIENÊTRE is informed of the decision to withdraw hereof.
(e) The time within which the refund of this amount will be reflected on the Customer's credit / debit card may vary according to the practices of each bank, and UNI-VERT-BIENÊTRE cannot be held responsible in this respect. UNI-VERT-BIENÊTRE will reimburse using the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to a different means; in any case, this refund will not incur any costs for the Customer.
(f) UNI-VERT-BIENÊTRE may defer reimbursement until receipt and verification of the Product.
10.1 UNI-VERT-BIENÊTRE shall not be liable for consequential damages that may arise from any violation of the GCS, access to or use of the Site, or any other data or program on the Site.
10.2 UNI-VERT-BIENÊTRE assumes no responsibility for any interruption of transactions carried out via the Site, any failure or negligence which is attributable to the consumer or to the unforeseeable and insurmountable fact of a third party to the GCS or to a case of force majeure.
11.1 In the event of problems relating to the order or the Products, or in the event of questions, it is possible to contact customer service using the form available on the Site under the "contact" tab or by sending an e-mail to the address firstname.lastname@example.org or by calling 06-74-92-72-46.
12. NULLITY AND INDEPENDENCE OF THE CLAUSES
12.1 In the event that one of the provisions of these T&Cs proves to be illegal, void or without object, the other provisions of these general conditions shall remain unchanged and shall continue to apply as if the illegal, void or without object provisions no longer appear herein.
12.2 Similarly, in the event that one of the provisions of these GCS proves to be inapplicable or invalidated for any reason, the other provisions hereof shall remain unchanged and continue to apply as if the inapplicable or invalidated provisions no longer appear herein.
13.1 The failure of one of the Parties to assert a right or to exercise an action may in no case be considered as a waiver of this right or this action.
14. FORCE MAJEURE
14.1 UNI-VERT-BIENÊTRE cannot be held responsible in the event of delay or non-compliance with one of the obligations under the terms of the GCS, which would be due to a case or a situation of force majeure, as defined in l 1218 of the Civil Code and understood by the case law of the Court of Cassation.
14.2 If the execution of these T&Cs is prevented for a continuous period of one (1) month due to a case or situation of force majeure, the T&Cs may be terminated immediately by email.
15.1 In accordance with the provisions in force of the Consumer Code relating to the mediation of consumer disputes, we offer you an effective remedy through a consumer mediation system.
15.2 The mediator we offer you is AME CONSO in cases where we are unable to resolve a dispute using our internal dispute resolution procedure (customer service) or if you are not satisfied with the solution offered by our customer service , and if your complaint was made less than a year ago, you can address your complaint to Albert Nicolas, Hanania Lilian, Imbert Alix, Makhlouf Amel, Pourre Jean-§Bernarde, Temple Boyer Sarah by:
by post to the address: AME Conso, 11 place Dauphine, 75001 Paris
electronically by clicking on https://www.mediationconso-ame.com In any event, we will:
communicate our inability to resolve the dispute between us; and
will at that time provide the legally required information about our ombudsman, including contact details, as set out above.
15.3 You can also use the online dispute resolution platform to resolve the dispute between us via: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR
16. APPLICABLE LAW AND JURISDICTION
16.1 These T&Cs are governed by French law.
16.2 IN THE EVENT OF A DISPUTE, PLEASE CONTACT POILÂNE CUSTOMER SERVICE IN PRIORITY BY CALLING 06-74-92-72-46 OR BY EMAIL AT email@example.com. ANY DISPUTE BETWEEN POILÂNE AND THE USER ARISING FROM THE INTERPRETATION, EXECUTION OR TERMINATION OF THESE TERMS AND CONDITIONS WHICH CANNOT BE RESOLVED AMICABLY WILL BE SETTLED BY THE COMPETENT COURTS WITHIN THE JURISDICTION OF THE PARIS COURT OF APPEAL , NOTWITHSTANDING ANY INCIDENTAL CLAIM OR GUARANTEE, OR IN CASE OF MULTIPLE DEFENDANTS, EXCEPT AS OTHERWISE GENERAL LAW RULES.
“In the event of a dispute between the professional and the consumer, they will endeavor to find an amicable solution.
In the absence of an amicable agreement, the consumer has the possibility of seizing free of charge the mediator of consumption to which the professional reports, namely the Association of European Mediators (AME CONSO), within a period of one year from the complaint. writing addressed to the professional.
Referral to the consumer ombudsman must be made:
- either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;
- or by mail addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS. »
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