TERMS OF SALES
ARTICLE 1 - Scope of application
These General Conditions of Sale (known as “CGV”) apply, without restriction or reservation, to all sales concluded by the Seller to professional buyers (“Customers or the Customer”), wishing to acquire the products offered. for sale (“The Products”) by the Seller HEMPERIOUS and on the site www.madehellin.com.
The Products offered for sale are as follows: Hemp Cannabis and other derived products.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.madehellincbd.com and in the catalog which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are within the limits of available stocks, as specified when placing the order.
These General Terms and Conditions are accessible at any time on the website www.madehellincbd.com and will take precedence over any other document.
The Customer declares to have read these General Terms and Conditions and to have accepted them by placing an order.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
HEMPERIOUS, SASU
Share capital of 700 euros
Registered with the RCS of Villefranche sur Saone-Tarare B 892 744 012, under number 89274401200014
15 C RUE DES FONTAINES 69550 AMPLEPUIS
Email: contact@hemperious.com
Intracommunity VAT number FR65892744012
ARTICLE 2 - Price
The Products are supplied at the current prices appearing on the site www.madehellin.com, in the catalog and when the order is registered by the Seller.
Prices are expressed in Euros, excluding tax and including tax.
The prices take into account any reductions that may be granted by the Seller.
These prices are firm and cannot be revised during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices may not include processing, shipping, transport and delivery costs, which are charged additionally, under the conditions indicated on the site or on the invoice and calculated before placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
Certain orders may be subject to a previously accepted quote. Quotes established by the Seller are valid for a period of 10 days after their establishment.
ARTICLE 3 – Orders
It is up to the Customer to select on the site www.madehellin.com or in the catalog the Products he wishes to order. The customer informs the items and quantities he wishes to order. An invoice is then produced and sent to the customer. The order is validated once full payment is received. .
Product offers are valid while stocks last.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed with HEMPERIOUS constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order.
ARTICLE 3 Bis - Customer area - Account
In order to place an order, the Customer is invited to create an account.
To do this, he must register by completing the form which will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his company, his marital status and his contact details, in particular his email address.
The Customer is responsible for updating the information provided. He is informed that he can modify them by informing the seller. As such, the Client refrains from any disclosure. Otherwise, he will remain solely responsible for the use made of it.
The Customer may also request unsubscription by sending an email to: contact@hemperious.com. This will be effective within a reasonable time.
In the event of non-compliance with the general conditions of sale and/or use, the site www.madehellin.com will have the possibility of suspending or even closing a customer's account after formal notice sent electronically and remaining without effect.
Any event due to force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.
The creation of the account entails acceptance of these general conditions of sale.
ARTICLE 4 - Payment conditions
The price is paid by secure payment method, according to the following terms:
payment by credit card.
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the site. www.madehellin.com.
Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.
The Seller will not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered in mainland France and internationally.
Deliveries take place according to the time indicated when ordering to the address indicated by the Customer when ordering.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.
If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's actions, the sale may be canceled at the Customer's written request within conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
Deliveries are ensured by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.
When the Customer himself is responsible for using a carrier he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who accepted them without reservation. The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.
In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a quote previously accepted in writing by the Seller. Customer.
The Customer is required to check the condition of the delivered products. He has a period of 14 days from delivery to submit complaints by contact@hemperious.com, accompanied by all relevant supporting documents (photos in particular). After this period and failing to have complied with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. Consumer Code and those provided for in these General Terms and Conditions.
The transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk except when the Customer has chosen the carrier himself. As such, the risks are transferred when the goods are handed over to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 - Right of withdrawal
Given the nature of the Products sold, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore definitively concluded upon placing the order by the Customer according to the terms specified in these General Terms and Conditions.
ARTICLE 8 - Responsibility of the Seller - Guarantees
The Products supplied by the Seller benefit from:
the legal guarantee of conformity, for defective, damaged or damaged Products or those that do not correspond to the order,
the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
Article L217-5 of the Consumer Code
“The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »
Article 1641 of the Civil Code.
“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or He would have given only a lower price if he had known about them. »
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
Article L217-16 of the Consumer Code.
“When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention. »
In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the non-conformity of the Products or of the existence of hidden defects from their discovery.
The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 60 days following the Seller's discovery of the lack of conformity or hidden defect. This reimbursement can be made by transfer or bank check.
The Seller cannot be held liable in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and cannot engage the liability of the Seller.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
ARTICLE 11 - Applicable law - Language
These General Terms and Conditions and the operations resulting from them are governed and subject to French law.
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
ARTICLE 12 - Disputes
For any complaints, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these General Terms and Conditions.
The Customer is informed that he can in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
The Customer is also informed that he can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home .show
All disputes relating to purchase and sale operations concluded in application of these General Terms and Conditions and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. common.