General Terms and Conditions of Sale
Preamble
These general terms and conditions of sale apply to all sales concluded on the website lordofcbd.fr.
The website lordofcbd.fr is an AWS Ltd service
Website URL: https://lordofcbd.fr
· e-mail: contact@lordofcbd.fr
The website lordofcbd.fr sells the following products: All types of products related to the CBD molecule.
The customer declares having read and accepted the general terms and conditions of sale prior to placing their order. Therefore, order confirmation constitutes acceptance of the general terms and conditions of sale.
Article 1 – Principles
These terms and conditions constitute the entire agreement between the parties. By placing an order, the buyer is deemed to have accepted them without reservation.
These general terms and conditions of sale apply to the exclusion of all other conditions, including those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the website cbd.fr and will prevail, where applicable, over any other version or contradictory document.
The seller and the buyer agree that these terms and conditions govern their relationship exclusively. The seller reserves the right to modify these terms and conditions from time to time. They will be applicable as soon as they are published online.
If a sales condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
These general terms and conditions of sale are valid until January 1, 2022.
Article 2 – Content
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website lordofcbd.fr.
These terms and conditions apply only to purchases made on the lordofcbd.fr website and delivered exclusively within mainland France or Corsica. For deliveries to French overseas departments and territories (DOM-TOM) or abroad, please send an email to contact@lordofcbd.fr.
These purchases concern the following products: All types of products related to the CBD molecule
Article 3 – Pre-contractual information
The buyer acknowledges having received, prior to placing his order and concluding the contract, in a legible and understandable manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code.
The following information is provided to the buyer in a clear and understandable manner:
– the essential characteristics of the property;
– the price of the item and/or the method of calculating the price
– and, if applicable, all additional transport, delivery or postage costs and any other possible charges that may be due.
– in the absence of immediate execution of the contract, the date or period within which the seller undertakes to deliver the goods, regardless of their price;
– information relating to the identity of the seller, their postal, telephone and electronic contact details, and their activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.
Article 4 – The order
The buyer has the option to place their order online, from the online catalogue and using the form provided therein, for any product, within the limits of available stock.
The buyer will be informed of any unavailability of the product or item ordered.
For the order to be validated, the buyer must accept these terms and conditions by clicking in the designated area. They must also choose the delivery address and method, and finally confirm the payment method.
The sale will be considered final:
– after the seller sends the buyer confirmation of acceptance of the order by email;
– and after the seller has received full payment.
All orders imply acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be addressed within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any questions regarding order tracking, the buyer should call the telephone number (cost of a local call), on the following days and times: Monday to Friday from 8:00 a.m. to 6:00 p.m., or send an email to the seller at the following email address: contact@lordofcbd.fr.
Article 5 – Electronic Signature
Providing the buyer's bank card number online and the final validation of the order will constitute proof of the buyer's agreement:
– payment of sums due under the purchase order,
– signature and express acceptance of all transactions carried out.
In the event of fraudulent use of the bank card, the buyer is asked to contact the seller at the telephone number as soon as this use is noticed.
Article 6 – Order Confirmation
The seller provides the buyer with a copy of the contract via email.
Article 7 – Proof of the transaction
The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered proof of communications, orders, and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.
Article 8 – Product Information
The products governed by these terms and conditions are those listed on the seller's website and indicated as sold and shipped by the seller. They are offered subject to availability.
The products are described and presented as accurately as possible. However, if any errors or omissions have occurred in this presentation, the seller cannot be held liable.
Product photographs are not contractual.
Article 9 – Price
The seller reserves the right to change its prices at any time but undertakes to apply the rates in effect at the time of the order, subject to availability on that date.
Prices are shown in euros. They do not include delivery charges, which are billed separately and shown before order confirmation. Prices include VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the prices of products in the online store.
If one or more taxes or contributions, particularly environmental ones, were to be created or modified, whether increased or decreased, this change may be passed on to the selling price of the products.
Article 10 – Payment Method
This is an order with an obligation to pay, which means that placing the order implies payment by the buyer.
To pay for their order, the buyer may choose from all payment methods offered by the seller and their banking partner, Banque Populaire. The buyer guarantees to the seller that they have all necessary authorizations to use the payment method chosen when validating the order. The seller reserves the right to suspend order processing and delivery in the event of a payment authorization refusal by officially accredited organizations or in the event of non-payment. The seller also reserves the right to refuse to make a delivery or fulfill an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is pending.
Payment of the price is due in full on the day of the order, according to the following terms:
by payment card.
The price is paid in full, according to the following terms: by payment card via Vivawallet secure payment.
Article 11 – Product Availability – Refund – Resolution
Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the website's homepage, shipping times will be, subject to stock availability, as indicated below. Shipping times begin from the order registration date shown on the order confirmation email.
For deliveries in Metropolitan France and Corsica, the delivery time is 4 to 6 working days from the day after the buyer placed their order, according to the following method: Max letter. At the latest, the delivery time will be 30 working days after the conclusion of the contract.
For deliveries to French overseas departments and territories (DOM-TOM) or other countries, delivery arrangements will be specified to the buyer on a case-by-case basis.
In the event of failure to meet the agreed delivery date or deadline, the buyer must, before terminating the contract, give the seller notice to perform within a reasonable additional period.
If the contract is not executed by the expiry of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by a written document on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or written notice informing him of this termination, unless the professional has performed in the meantime.
The buyer may, however, immediately terminate the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for him.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of payment, or an exchange of the product.
Article 12 – Delivery Terms
Delivery is defined as the transfer of physical possession or control of the goods to the consumer. Ordered products are delivered according to the terms and within the timeframe specified above.
Products are delivered to the address provided by the buyer on the order form; the buyer is responsible for ensuring its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may request that the invoice be sent to the billing address instead of the delivery address by selecting the corresponding option on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the package to be collected at the place and during the time period indicated.
If, upon delivery, the original packaging is damaged, torn, or open, the buyer must check the condition of the items. If they are damaged, the buyer must refuse the package and note this on the delivery slip (package refused because it was open or damaged).
The buyer must indicate on the delivery note, in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail no later than two working days following receipt of the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the legal notices of the site.
If products need to be returned to the seller, a return request must be submitted to the seller within 14 days of delivery. Any claim made after this period will not be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 13 – Delivery Errors
The buyer must notify the seller of any delivery errors and/or non-conformity of the products in terms of type or quality compared to the order form, either on the day of delivery or at the latest on the first business day following delivery. Any claim made after this period will be rejected.
The claim may be made, at the buyer's discretion:
– telephone number
– Email address: contact@lordofcbd.fr.
Any claim not made in accordance with the rules defined above and within the specified time limits will not be taken into account and will release the seller from all liability towards the buyer.
Upon receipt of the claim, the seller will assign an exchange number to the product(s) in question and communicate it to the buyer by email. A product exchange can only take place after the exchange number has been assigned.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, via Colissimo Registered Mail, to the following address: 201 Route Nationale 10, 78310 Coignières.
Return shipping costs are the responsibility of the seller.
Article 14 – Product Warranty
Legal guarantee of conformity and legal guarantee against hidden defects
lordofcbd.fr guarantees the conformity of the goods to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code or the guarantee against hidden defects in the goods sold as defined in Articles 1641 et seq. of the French Civil Code. In the event of a claim under the legal guarantee of conformity, please note that:
– the buyer has a period of 2 years from the delivery of the goods to take action;
– the buyer may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
– the buyer does not have to provide proof of non-conformity of the goods during the 24 months following delivery of the goods in the case of new goods.
Furthermore, it is noted that:
– the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
– The buyer may decide to invoke the warranty against hidden defects in the item sold, as defined in Article 1641 of the Civil Code. In this case, they may choose between rescinding the sale or obtaining a price reduction, in accordance with Article 1644 of the Civil Code.
Article 15 – Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any item which does not suit him and request an exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the buyer.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing for their resale as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted for return.
The right of withdrawal can be exercised online using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately sent to the buyer. Any other method of declaring withdrawal is also accepted, provided it is unambiguous and clearly expresses the intention to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be refunded.
Return shipping costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within a period of , and at the latest, within 14 days from the date of receipt by the seller of the products returned by the buyer under the conditions provided above.
Exceptions
According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for the following contracts:
– the supply of goods whose price depends on fluctuations in the financial market which are beyond the control of the professional and which may occur during the withdrawal period;
– the supply of goods made to the consumer's specifications or clearly personalized;
– the supply of goods liable to deteriorate or expire rapidly;
– the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
– the supply of goods which, after delivery, are, by their nature, inseparably mixed with other articles;
– the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
– maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
– the supply of audio or video recordings or computer software which were unsealed by the consumer after delivery;
– the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
– the supply of digital content not supplied on a tangible medium where performance has begun after the consumer’s prior express consent and express waiver of their right of withdrawal.
Article 16 – Force majeure
Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered as grounds for exemption from the parties' obligations and shall result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
Force majeure shall be defined as any irresistible event or circumstance beyond the control of the parties, unforeseeable, unavoidable, and independent of their will, which cannot be prevented by them despite all reasonable efforts. Specifically, in addition to those typically recognized by French courts, the following shall be considered force majeure or fortuitous events: blockages of transportation or supply routes, earthquakes, fires, storms, floods, lightning, and the disruption of telecommunications networks or difficulties specific to telecommunications networks external to the client.
The parties will consult to examine the impact of the event and agree on the conditions under which the contract will continue to be performed. If the force majeure event lasts for more than three months, these terms and conditions may be terminated by the affected party.
Article 17 – Intellectual Property
The website content remains the property of the seller, who is the sole holder of the intellectual property rights to this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.
Article 18 – Data Processing and Freedoms
The personal data provided by the buyer is necessary for processing their order and issuing invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website lordofcbd.fr has been declared to the CNIL.
The buyer has a permanent right to access, modify, rectify, and object to information concerning them. This right can be exercised under the conditions and according to the procedures defined on the website lordofcbd.fr.
Article 19 – Partial invalidation
If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other provisions shall remain in full force and effect.
Article 20 – Non-waiver
The failure of either party to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision.
Article 21 – Title
In case of any difficulty of interpretation between any of the headings appearing at the beginning of the clauses, and any of the clauses themselves, the headings shall be declared non-existent.
Article 22 – Language of the contract
These general terms and conditions of sale are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 23 – Mediation
The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 24 – Applicable Law
These terms and conditions are governed by French law. The competent court is the district court for disputes where the amount in dispute is less than or equal to €10,000, or the regional court for disputes where the amount in dispute exceeds €10,000.
This applies to both substantive and procedural rules. In the event of a dispute or complaint, the buyer should first contact the seller to seek an amicable solution.
Article 25 – Protection of personal data
Data collected:
The personal data collected on this site are as follows:
Account opening: when creating a user account, their surname, first name, email address; telephone number; postal address;
Login: When a user logs into the website, the website records, among other things, their name, surname, login data, usage data, location data and payment data.
Profile: Using the services provided on the website allows you to fill in a profile, which may include an address and a telephone number.
Payment: as part of the payment for products and services offered on the website, the website records financial data relating to the user's bank account or credit card.
Communication: When the website is used to communicate with other members, data concerning the user's communications is temporarily stored.
Cookies: Cookies are used when using this website. Users can disable cookies through their browser settings.
Use of personal data
The personal data collected from users is used to provide and improve the website's services and to maintain a secure environment. More specifically, the uses are as follows:
– access to and use of the website by the user;
– management of website operation and optimization;
– organization of the terms of use of the Payment Services;
– verification, identification and authentication of data transmitted by the user;
– offering the user the possibility of communicating with other users of the website;
– implementation of user support;
– personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
– prevention and detection of fraud, malware (malicious software) and management of security incidents;
– handling any disputes with users;
– sending commercial and advertising information, based on user preferences.
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
– when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
– when the user publishes information accessible to the public in the website's free comment sections;
– when the user authorizes a third-party website to access their data;
– when the website uses the services of providers to provide user support, advertising and payment services. These providers have limited access to user data, within the framework of the performance of these services, and have a contractual obligation to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
– if required by law, the website may transmit data to respond to claims made against the website and to comply with administrative and judicial procedures;
– If the website is involved in a merger, acquisition, asset sale, or insolvency proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before their personal data is transferred to a third party.
Security and confidentiality
The website implements organizational, technical, software, and physical security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the website cannot guarantee the security of information transmitted or stored online.
Implementation of user rights
In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by sending their request to the following address: contact@lordofcbd.fr.
• The right of access: they can exercise their right of access to know what personal data concerning them is held. In this case, before implementing this right, the website may request proof of the user's identity to verify its accuracy.
• the right to rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.
• The right to data deletion: users can request the deletion of their personal data, in accordance with applicable data protection laws.
·: justify; »>· the right to object to data processing: users can object to their data being processed in accordance with the conditions set out in the GDPR.
·: justify; »>Evolution of this clause
The website reserves the right to modify this personal data protection clause at any time. If this personal data protection clause is modified, the website will publish the new version on its site. The website will also inform users of the modification by email at least 15 days before the effective date. If a user does not agree with the terms of the new version of the personal data protection clause, they may delete their account.
Appendix:
Withdrawal form
(to be completed by the consumer,
and to be sent by registered mail with return receipt requested,
(within a maximum period of 14 days following the date of conclusion of the service contract)
Withdrawal form
To the attention of Lord Of CBD
located at: 201 Route Nationale 10, 78310 Coignières
Email address: contact@lordofcbd.fr
I hereby notify you of my withdrawal from the contract for the provision of services, ordered on: ………
Consumer's first and last name: ……………..
Consumer address: ……………..
Date : ………………
Consumer signature
_________________________________________________________________________
Appendices
Consumer Code
Article L. 217-4: “The seller delivers goods that conform to 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 packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his supervision.”
Article L. 217-5: “The property conforms to the contract:
1° If it is suitable for the purpose usually expected of similar goods and, where applicable:
– if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;
– if it possesses the qualities that a buyer can legitimately expect, having regard to the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
2° Or if it possesses the characteristics defined by mutual agreement between the parties or is suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.”
Article L. 217-6: “The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them”.
Article L. 217-7: “Any lack of conformity which appears within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may rebut this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity.”
Article L. 217-8: “The buyer is entitled to demand that the goods conform to the contract. However, he may not contest conformity by invoking a defect that he knew of or could not have been unaware of when he entered into the contract. The same applies when the defect originates from materials that he himself supplied.”
Article L. 217-9: “In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may refuse to proceed according to the buyer's choice if that choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In that case, the seller is required to proceed, unless impossible, according to the option not chosen by the buyer.”
Article L. 217-10: “If repair and replacement of the goods are impossible, the buyer may return the goods and receive a full refund or keep the goods and receive a partial refund. The buyer has the same option: 1° If the solution requested, offered, or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's claim; 2° Or if this solution cannot be implemented without significant inconvenience to the buyer, taking into account the nature of the goods and the intended use. However, the sale cannot be rescinded if the lack of conformity is minor.”
Article L. 217-11: The provisions of Articles L. 217-9 and L. 217-10 shall apply at no cost to the buyer. These same provisions do not preclude the awarding of damages.
Article L. 217-12: “The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.”
Article L. 217-13: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other contractual or extra-contractual action recognized by law."
Article L. 217-14: "The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.
Article L. 217-15: "A commercial guarantee means any contractual commitment by a professional towards the consumer for the purpose of reimbursing the purchase price, replacing or repairing the goods or providing any other service related to the goods, in addition to its legal obligations to guarantee the conformity of the goods.
The commercial warranty is subject to a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope, as well as the name and address of the guarantor.
In addition, it clearly and precisely states that, regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and by that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the civil code are reproduced in full in the contract.
If these provisions are not complied with, the warranty remains valid. The buyer is entitled to invoke it
Article L. 217-16: “When the buyer requests the seller, during the course of the commercial warranty granted to him during the acquisition or repair of a movable good, to carry out a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty.
This period begins from the date of the buyer's request for intervention or the date the item in question is made available for repair, if this latter date is later than the request for intervention.”
Civil Code
Article 1641: “The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.”
Article 1648: “The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of forfeiture, within one year following the date on which the seller can be released from liability for apparent defects or lack of conformity.”.