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Terms and conditions of sale
CONTENTS :
Article 1: Definitions
Article 1: Purpose of these General Terms and Conditions of Sale
Article 2: Pre-contractual information - Acceptance of the general terms and conditions of sale
Article 3: Product information
Article 4: Ordering - Access - Customer account
Article 5: Electronic signature
Article 6: Order confirmation
Article 7: Prices Article 8: Order settlement
Article 9: Late payment
Article 10: Tracking and delivery
Article 11: Late delivery - Refund - Resolution
Article 12: Right of withdrawal Article 13: Force majeure
Article 14: Warranties
Article 15: Intellectual property rights
Article 16: Information technology and civil liberties - personal data
Article 17: Partial non-validation Article 18: Applicable law
Article 19: Disputes - Mediation
These General Terms and Conditions of Sale are entered into by DH (hereinafter "DH"), a simplified joint stock company with a share capital of 100 euros, located at 105, rue Raymond Barbet - 92000 Nanterre, registered with the Nanterre Trade and Companies Register under number 848 389 698, and the Buyer.
Article 1: Definitions
The terms defined below shall have the following meaning between the Parties:
"Buyer": Any non-commercial individual over the age of majority located in a delivery zone served and wishing to make a purchase on the Site.
"Parties": in the singular, refers indistinctly to DH or the Buyer, and in the plural to DH and the Buyer together.
"Site": website published by DH, accessible at URL https://boutique.deli-hemp.fr/
Article 1: Purpose of these General Terms and Conditions of Sale
The purpose of these General Terms and Conditions of Sale is to define the contractual relations between the Parties, as well as the general terms and conditions applicable to any purchase of products (order) and services (order preparation, delivery, etc.) made on the Site.
Any order placed by the Buyer in this context is made by him for his personal and non-professional needs.
The contract resulting from the Buyer's actual order is subject to the regulations governing distance selling, as they result from legislative and regulatory provisions in France, as well as the provisions set out below.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions. They are available on the website https://boutique.deli-hemp.fr/
DH reserves the right to adapt or modify the present General Terms and Conditions of Sale. In the event of modification, the general terms and conditions of sale in force on the day the order is placed will apply to each order.
Article 2: Pre-contractual information - Acceptance of the general terms and conditions of sale
Prior to any sales contract made on the Site, the Buyer acknowledges having read and understood the general terms and conditions of sale and all information listed in articles L111-1 and L221-5 of the French Consumer Code.
The Buyer is thus provided with information relating to :
- the essential characteristics of the good or service ;
- the price of the good or service; - the method of calculating the price, and additional costs (transport, delivery, customs, etc.) ;
- the date or time by which the trader undertakes to deliver the goods or perform the service ;
- payment and delivery terms ;
- the existence of the right of withdrawal and the conditions for exercising it ;
- the professional's identity, postal address, telephone number and e-mail address;
- the existence and terms of legal warranties and any commercial warranties, as well as any after-sales service ;
- the possibility of recourse to a consumer mediator.
By placing an order on the site, the Buyer certifies that he/she is a non-commercial individual of legal age acting for his/her own personal needs. He/she certifies that he/she has the capacity to enter into a contract, and acknowledges that he/she has previously read and accepted, without restriction, the conditions of sale at the time of placing the order.
Article 3: Product information
The products subject to these Terms and Conditions of Sale are those listed on the DH website.
They are offered for sale while stocks last and as long as they are visible on the site. The items offered for sale are described in particular detail. The images representing said products are not contractual.
Each product offered on the Site is the subject of an information sheet which can be consulted by clicking on the description or photograph of the product.
This sheet presents the essential characteristics of the product selected in accordance with article L.111-1 of the French Consumer Code.
Article 4: Ordering - Access - Customer account
The Buyer may place an order directly online on the Site: https://boutique.deli-hemp.fr/
4.1 Access to Site Products and Services - Buyer's Customer Account
The purchase of products and services offered on the Site presupposes that the Buyer has a computer or a smartphone and access to the Internet. Any costs incurred for connection to and use of the Site are the sole responsibility of the Buyer.
The Buyer expressly undertakes not to use false information or information from third parties. To make a purchase on the Site, the Buyer must create a personal customer account by clicking on "My account", either before or after creating his/her basket.
To do so, the Buyer must complete the registration form and indicate his or her title, first name, surname, date of birth, valid cell phone number and e-mail address, password, delivery address and town.
After registration, the Buyer may at any time access the functionalities offered by his Customer Account, enabling him to consult :
- personal information,
- its current order,
- order history.
4.2 Ordering processes
To finalize and validate an order, the Buyer must identify himself via his Customer Account. They can then select the products and services they wish to purchase, which will then appear in their shopping cart.
The Buyer undertakes to check the accuracy of the information provided and to correct any errors before validating the order.
To finalize the sale, the customer must also accept the general terms and conditions of sale, by ticking the box in the space provided.
The contractual information is presented in French and will be confirmed when the order is validated.
For any questions relating to order tracking, the Buyer may contact customer service at the following address: contact@deli-hemp.fr or by telephone at 01.76.21.79.22 from 10am to 6pm.
Article 5: Electronic signature
Validation and payment of the order constitutes an electronic signature and acceptance of the sale between the Parties.
Article 6: Order confirmation
DH provides the Buyer with the summary information of his/her order by means of a written confirmation by email.
Article 7: Prices
All prices of products and services offered for sale on the Site https://boutique.deli-hemp.fr are indicated in euros, all taxes included (including VAT on the day of the order), excluding (delivery costs.) invoiced in addition, and indicated before the validation of the order.
DH reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time the order is validated.
The price must be paid in full at the time of ordering by bank transfer or credit card, in accordance with the following terms and conditions
Article 8: Order payment
Payment can be made by credit card: the following credit cards are accepted by DH: Carte Bleue, Visa, Master Card,
The Buyer guarantees DH that he/she has all the necessary authorizations to use the method of payment he/she has chosen.
Payment must be made at the time the order is placed.
The data collected concerning payment by credit card is subject to secure processing, via the server of DH's service provider: PAYZEN.
The communication by the Buyer of his/her bank card number is considered as authorisation to debit his/her bank account up to the amount of the order placed.
The order is considered effective when the payment center concerned has confirmed its agreement.
In the event of fraud or attempted fraud when ordering or using the Site, DH reserves the right to interrupt delivery of the products ordered. The Buyer will be informed by e-mail.
Article 9: Late payment
When validating the order, the Buyer ensures that he/she has sufficient funds to pay for the order. In the event of non-payment of the order in accordance with article 8 of these GCS, DH reserves the right to suspend the order and, in the absence of any possible regularization, to cancel it.
Article 10: Tracking and delivery
Products ordered are delivered as follows, depending on the delivery choice made on the Purchaser's Site, it being specified that products are dispatched within five (5) working days of the order being placed:
- Delivery via Colissimo (within 48 to 72 hours of dispatch),
- Delivery via Chronopost (within 24 to 48 hours of dispatch),
- Delivery via DH's in-house delivery service (Paris and inner suburbs only - within 24 hours of order) by appointment only,
- External courier delivery (Paris and inner suburbs only - within 3 hours of order).
Delivery by DH's internal service or by external courier is made between 10 am and 6 pm. No deliveries will be made on Sundays or public holidays.
Products are delivered to the address indicated by the Buyer at the time of ordering.
If the Purchaser is absent on the day of delivery, for deliveries via Chronopost and Colissimo, a delivery notice will be left in the letterbox. For deliveries via DH's internal service or via an external courier, the Purchaser is invited to contact customer service to arrange a new delivery.
At the time of delivery, the Buyer is invited to check the condition and contents of the package before signing any delivery documents. In accordance with current regulations, any risk of loss or damage to the goods is transferred to the consumer at the moment the latter takes physical possession of the goods (article L216-2 of the French Consumer Code).
The buyer may refuse delivery.
Article 11: Late delivery - Refund - Resolution
1. If DH fails to comply with the delivery date or deadline mentioned in these conditions, the Buyer may require the Professional to carry out the delivery within a reasonable additional period.
Should the Buyer fail to meet its delivery obligation within this new deadline, it may terminate the contract by registered letter or in writing on a durable medium.
The contract is considered terminated upon receipt by the professional of the letter or writing informing him of this termination, unless he has performed in the meantime.
The purchaser is entitled to cancel the contract immediately if the seller refuses to deliver the goods or provide the service, or if the above-mentioned dates are an essential condition of the contract for the consumer.
2. If the contract is cancelled, DH is obliged to refund all sums paid by the purchaser.
Under the terms of article L242-4 of the French Consumer Code, if the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased:
● the legal interest rate if reimbursement is made no later than 10 days after the expiry of a period of 14 days following the date on which the contract was terminated ;
● 5% if the delay is between 10 and 20 days ;
● 10% if the delay is between 20 and 30 days; ● 20% if the delay is between 30 and 60 days ;
● 50% between 60 and 90 days ;
● an additional 5 points for each new month of delay, up to the price of the product, then the legal interest rate.
Article 12: Right of withdrawal
12.1 Statutory cooling-off period
In accordance with the provisions of Articles L.221-18 et seq. of the French Consumer Code, the Buyer has a fourteen (14) day cooling-off period without having to justify his decision.
This period runs from the day the product(s) is (are) received or collected from a relay point.
The Buyer has a period of fourteen (14) days from the exercise of his right of withdrawal to return the products in their original packaging and intact.
12.2 Conditions for exercising the right of withdrawal
The Buyer exercising his/her right of withdrawal may obtain a refund of the product(s) returned as well as the delivery costs of the Order corresponding to the prorata of the value of the product(s) returned in relation to the amount of the order and excluding any additional costs.
The refund will be made by the same means of payment as the one used by the Buyer for the initial transaction, unless specifically indicated by the latter.
Reimbursement will be made as soon as possible and at the latest within fourteen (14) days of the effective exercise of the right of withdrawal by the Customer.
This period may however be extended by DH until DH has received the goods returned by the Buyer to the address indicated on the return form.
When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day .
In accordance with article L.221-23 of the French Consumer Code, the cost of returning products shall be borne by the Buyer, except in the event of non-conformity of the products delivered in relation to the order (in this case, the cost of return shall be borne by DH)
12.3 Products excluded from the right of withdrawal
In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal does not apply:
- perishable food products which, because of their nature, are likely to deteriorate or expire rapidly ;
- items unsealed after delivery by the consumer and which cannot be returned for reasons of hygiene or health protection ;
12.4 How to exercise your right of withdrawal
The Buyer may contact Customer Service within fourteen (14) days of receipt of the products.
The Buyer may use the withdrawal form in Appendix 2 of these General Terms and Conditions of Sale and send it to the following address: DH - Service client 105 rue Raymond Barbet 92000 NANTERRE or by e-mail to: contact@deli-hemp.fr
If it does so, in accordance with article L.221-23 of the French Consumer Code, the Buyer undertakes to return the products concerned within a maximum period of fourteen (14) days from the date of this information to DH.
DH will not be able to reimburse the customer if the time limits are not respected. The delivered product must be returned in its original packaging, complete (accessories, instructions, etc.) and in perfect condition for resale.
Cancellation may never be exercised if the products delivered have been, even partially, consumed, soiled, damaged or used.
Similarly, items returned incomplete, damaged or soiled by the Buyer will not be taken back or exchanged.
The Buyer may only be held liable in the event of product depreciation resulting from handling other than that necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products.
Article 13: Force majeure
DH cannot be held liable if the non-performance or delay in the performance of any of its obligations described in these General Terms and Conditions of Sale is due to force majeure.
Force majeure, as defined in article 1218 of the French Civil Code, is any event beyond the debtor's control, which could not reasonably have been foreseen at the time the contract was concluded, and whose effects cannot be avoided by appropriate measures, preventing the debtor from fulfilling its obligation.
Article 14: Warranties
1. Legal warranty of conformity and legal warranty against hidden defects
DH, a simplified joint stock company, located at 105 rue Raymond Barbet - 92000 Nanterre, France, is liable for any lack of conformity of the goods with the contract, in accordance with Articles L217-4 et seq. of the French Consumer Code, and for any hidden defects in the goods sold, in accordance with Articles 1641 et seq. of the French Civil Code.
If the legal warranty of conformity is invoked, the consumer :
● has a period of 2 years from the date of delivery of the property to act ;
● may choose between repairing or replacing the good or, failing that, reducing the price or rescinding the contract, subject to the cost conditions set out in article L217-12 of the French Consumer Code. The good must be brought into conformity within a reasonable period of time, which may not exceed 30 days following the consumer's request, and without any major inconvenience to the consumer, given the nature of the good and the use intended by the consumer ;
● is exempt from proving the existence of a lack of conformity for 2 years from the date of delivery. This period is extended to 12 months for second-hand goods.
The legal warranty of conformity applies independently of any commercial warranty.
The consumer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, he may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.
It is up to the buyer to prove the existence of a hidden defect.
2. Warranty exclusions
Products modified, repaired, integrated or added by the Buyer are excluded from the warranty. The warranty does not cover visible defects. The warranty does not cover products returned damaged in transit or as a result of misuse.
Article 15: Intellectual property rights
The content of the Site (texts, logos, images, graphic or sound elements, software, icons, layout, databases, etc.) is protected by national (and international) intellectual property and copyright law.
This content remains the property of DH.
Any total or partial reproduction of this content is prohibited and may constitute a criminal offence.
The creation of a link to the home page of the Site is subject to the prior agreement of DH.
Article 16: Information technology and civil liberties - personal data
DH, located 105 rue Raymond Barbet, Nanterre 92000, is responsible for processing and collecting the Buyer's personal data.
The data thus collected by the Site https://boutique.deli-hemp.fr/ aim to manage orders and propose targeted commercial offers.
The Buyer has the right to access, modify, rectify and oppose any personal data concerning him/her.
In the event of a dispute concerning the use of personal data, the Buyer may lodge a complaint with the CNIL (Commission Nationale de l'Informatique et des Libertés)
To find out more about this processing of personal data and the extent of their rights, the Buyer may refer to the Privacy Policy, accessible at the following address: https://boutique.deli-hemp.fr/content/1637-mentions-legales
Article 17: 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 will retain all their force and scope.
Article 18: Applicable law
The present General Terms and Conditions of Sale are subject to the application of French law. All disputes relating to online sales contracts subject to the aforementioned General Terms and Conditions shall be subject to the jurisdiction of the French courts.
Article 19: Disputes - Mediation
In the event of a dispute concerning a purchase made on the site https://boutique.deli-hemp.fr/, in the event of a complaint, the Buyer may contact customer service at the following address: contact@deli-hemp.fr or by telephone on 01.76.21.79.22 from 10am to 6pm.
In the event that an amicable solution cannot be found between the Parties, the Buyer may have recourse to mediation by the Fédération du E-Commerce et de la Vente A Distance.
The Buyer may therefore contact the mediation service of FEVAD (Fédération du E-Commerce et de la vente à distance) by clicking on https://www.mediateurfevad.fr
Finally, if the dispute persists and no amicable agreement can be reached, it may be submitted to the competent French courts.