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General Conditions of Sale

ARTICLE 1 – Scope of Application

These General Terms and Conditions of Sale (hereinafter the “GTCS”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“the Client” or “the Clients”), wishing to purchase the products offered for sale (“the Products”) by the Seller on the website https://www.

The Products offered for sale on the site are as follows:

black vanilla

extracts

site visits

The main characteristics of the Products (specifications, illustrations, indications of dimensions or capacity) are presented on the website domain name, which the Client is required to review before ordering.

The choice and purchase of a Product are the sole responsibility of the Client. Product offers are valid within the limits of available stock.

These GTCS are accessible at any time on the website domain name and shall prevail over any other document.

The Client declares that they have read these GTCS and accepted them by ticking the box provided for this purpose before initiating the online ordering procedure on the site.

Unless proven otherwise, the data recorded in the Seller’s computer system constitute proof of all transactions concluded with the Client.

Seller’s contact details:
[Full name of the person in charge]
[Full address of the farm]
Registration number: [SIRET number – 14 digits]
Email: [Contact email address]
Telephone: [Phone number]
Intra-Community VAT number: [Intra-Community VAT number]

The cost of remote communication used to contact the Seller corresponds to the standard rate, without surcharge.

The Products presented on the website domain name are offered for sale in the following territories:

list of relevant countries

In the event of an order to a country other than [mainland France], the Client is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and the French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice. Customs duties or other local taxes may be payable and are the sole responsibility of the Client.

ARTICLE 2 – Price

The Products are supplied at the current rates shown on the website domain name, at the time the order is recorded by the seller. Prices are expressed in euros, exclusive of tax and inclusive of tax. The rates take into account any discounts that may be granted by the seller on the website domain name. These prices are firm and non-revisable during their period of validity, but the seller reserves the right, outside the period of validity, to modify prices at any time.

Prices do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order. The amount requested from the client corresponds to the total purchase price, including these costs. An invoice is issued by the seller and delivered to the client upon delivery of the ordered products.

Certain orders may be subject to a prior quotation accepted in advance. Quotations issued by the Seller are valid for a period of 6 months from their date of issue.

ARTICLE 3 – Orders

It is the Client’s responsibility to select on the website domain name the Products they wish to order, according to the following terms: The client chooses a product or a service and places it in their basket. A product or service that they may delete or modify before validating their order and accepting these General Terms and Conditions of Sale.

They will then enter their details or log into their account and choose the delivery method. After validation of the information, the order will be considered final and will require payment by the client under the terms provided. Product offers are valid as long as they are visible on the site, subject to available stock.

The sale will only be considered valid after full payment of the price. It is the Client’s responsibility to verify the accuracy of the order and to report any errors immediately. Any order placed on the website domain name constitutes the formation of a distance contract between the Client and the Seller. The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order. The Client may track the progress of their order on the site.

ARTICLE 3 bis – Client Area / Account

To place an order, the Client is invited to create an account (personal space). To do so, they must register by completing the form that will be offered to them at the time of their order and undertake to provide sincere and accurate information concerning their identity and contact details, in particular their email address.

The Client is responsible for updating the information provided. They are informed that they can modify it by logging into their account. To access their personal space and order history, the Client must identify themselves using their username and password which will be communicated to them after registration and which are strictly personal. As such, the Client is prohibited from disclosing them. Otherwise, they will remain solely responsible for any use made of them. The Client may also request deregistration by going to the dedicated page in their personal space or by sending an email to: wildforest971@gmail.com This will take effect within a reasonable time.

In the event of non-compliance with the general conditions of sale and/or use, the website domain name will have the option to suspend or even close a client’s account after formal notice sent electronically has remained without effect. Any deletion of an account, regardless of the reason, results in the pure and simple deletion of all the Client’s personal information.

Any event due to a case of 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 Seller’s liability. The creation of the account entails acceptance of these general terms and conditions of sale. No deposit or financial guarantee is required from the Client under these GTCS. No specific code of conduct applies to this contract.

ARTICLE 4 – Terms of Payment

The price is paid by secure payment, according to the following methods:

bank card

bank transfer to the Seller’s account (Bank details)

The price is payable in full by the Client on the day the order is placed. Payment data are exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the site https://www.. Payments made by the Client will only be considered final after actual receipt by the Seller of the sums due. The Seller will not be required to deliver the Products ordered by the Client if the latter does not pay the price in full under the conditions indicated above.

ARTICLE 5 – Delivery

The Products ordered by the Client will be delivered in mainland France or in the following area(s): Entire EU and its outermost regions and Didreau’s choices

Deliveries are made within a maximum period of 30 days to the address indicated by the Client when placing the order on the site. Delivery consists of the transfer to the Client 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 a single shipment. The Seller undertakes to use its best efforts to deliver the products ordered by the Client within the time limits specified above. If the Products ordered have not been delivered within 60 days after the indicative delivery date, for any reason other than force majeure or the Client’s fault, the sale may be cancelled at the Client’s written request under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Client will then be refunded no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.

In the event of a specific request by the Client concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a prior quotation accepted in writing by the Client. The Client is required to check the condition of the delivered products. They have a period of 3 working days from delivery to submit claims by registered email with acknowledgement of receipt or registered mail with acknowledgement of receipt, accompanied by all relevant supporting documents (photos in particular). After this period and if these formalities are not complied with, the Products will be deemed to be in conformity and free from any apparent defect and no claim can be validly accepted by the Seller.

The Seller will refund or replace as soon as possible and at its expense the delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTCS. The transfer of the risks of loss and deterioration relating thereto will only be carried out when the Client physically takes possession of the Products. The Products therefore travel at the Seller’s risk, except where the Client has chosen the carrier themselves. In this respect, the risks are transferred at the time 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 Client will only take place after full payment of the price by the latter, regardless of the delivery date of said Products.

ARTICLE 7 – Right of Withdrawal

In accordance with the provisions of Article L221-18 of the French Consumer Code “For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.” The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the website, or by any other unambiguous statement expressing the will to withdraw and in particular by post addressed to the Seller at the postal or email contact details indicated in ARTICLE 1 of the GTCS.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice. Damaged, soiled or incomplete Products will not be taken back. Return costs are the responsibility of the Client.

The exchange (subject to availability) or refund will be made within 14 days from receipt by the Seller of the Products returned by the Client under the conditions provided for in this article.

ARTICLE 8 – Seller’s Liability / Warranties

The Products supplied by the Seller benefit from: the legal warranty of conformity, for Products that are defective, damaged or do not correspond to the order, the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use.

Provisions relating to legal warranties Article L217-4 of the French Consumer Code “The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing upon delivery. It shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation, where the contract makes it responsible therefor or where the installation has been carried out under its responsibility.”

Article L217-5 of the French Consumer Code “The goods conform to the contract:

1° If they are fit for the purpose ordinarily expected of similar goods and, where applicable: – if they correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model; – if they present the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, by the producer or by its representative, particularly in advertising or labelling;

2° Or if they present the characteristics defined by mutual agreement by the parties or are suitable for any special use sought by the buyer, made known to the seller and accepted by the latter.”

No after-sales service or additional commercial warranty is offered beyond the legal warranties described above.

Article L217-12 of the French Consumer Code “The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.”

Article 1641 of the French Civil Code. “The seller is bound by the warranty on account of the hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lower price for it, had they known of them.”

Article 1648 paragraph 1 of the French Civil Code “The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”

Article L217-16 of the French Consumer Code. “When the buyer requests from the seller, during the course of the commercial warranty granted upon the acquisition or repair of a movable good, a repair covered by the warranty, any immobilisation period of at least seven days shall be added to the duration of the warranty which remained to run. This period shall run from the buyer’s request for intervention or from the availability of the good for repair, if this availability is subsequent to the request for intervention.”

In order to assert their rights, the Client must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from the time of their discovery. The Seller will refund, replace or repair the Products or parts under warranty deemed non-conforming or defective.

Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents. Refunds, replacements or repairs of Products deemed non-conforming or defective will be carried out as soon as possible and at the latest within 24 hours following the Seller’s finding of the lack of conformity or the hidden defect.

This refund may be made by bank transfer or bank cheque.

The Seller’s liability cannot be engaged in the following cases: non-compliance with the legislation of the country in which the products are delivered, which it is the Client’s responsibility to verify, in the event of misuse, use for professional purposes, negligence or lack of maintenance by the Client, as in the case of normal wear and tear of the Product, accident or force majeure.

The photographs and graphics presented on the site are not contractual and shall not engage the Seller’s liability.

The Seller’s warranty is, in any event, limited to the replacement or refund of Products that are non-conforming or affected by a defect.

ARTICLE 9 – Personal Data

The Client is informed that the collection of their personal data is necessary for the sale of the Products and their handover / delivery, entrusted to the Seller. This personal data is collected solely for the performance of the sales contract. The Client is also informed that the collection of their personal data is also necessary in view of the following purposes: The processing of personal data must be justified in the following cases: – it is necessary for the performance of a contract with the data subject or pre-contractual measures such as a quotation and/or invoicing and then delivery.

9.1 Collection of personal data The personal data collected on the website domain name are as follows: account opening when creating the Client / user account: surname, first name, postal address, telephone number and email address. Payment in the context of payment for the Products offered on the website domain name, the latter records financial data relating to the Client’s / user’s bank account or credit card. The provision of certain data indicated as mandatory at the time of collection is necessary for processing the order. Failing this, the order cannot be validated.

9.2 Recipients of personal data

Personal data are reserved for the sole use of the Seller and its employees.

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and, from 25 May 2018, Regulation 2016/679 on the protection of personal data.

9.4 Limitation of processing

Unless the Client gives their express consent, their personal data are not used for advertising or marketing purposes.

9.5 Data retention period

The Seller will retain the data thus collected for a period of 5 years, covering the applicable limitation period for contractual civil liability.

9.6 Security and confidentiality

The Seller implements organisational, technical, software and physical measures in the field of digital security to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of Clients’ and users’ rights

In accordance with the regulations applicable to personal data, Clients and users of the website domain name have the following rights:

They may update or delete the data concerning them as follows: by logging into their account, under the account settings tab..

They may delete their account by writing to the email address indicated in Article 9.3 “Data controller”

They may exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 “Data controller”

If the personal data held by the Seller are inaccurate, they may request the update of the information by writing to the address indicated in Article 9.3 “Data controller”

They may request the deletion of their personal data, in accordance with the applicable data protection laws, by writing to the address indicated in Article 9.3 “Data controller”

They may also request the portability of the data held by the Seller to another service provider Finally, they may object to the processing of their data by the Seller These rights, insofar as they do not conflict with the purpose of the processing, may be exercised by sending a request by post or by email to the Data controller whose contact details are indicated above.

The data controller must respond within a maximum period of one month. In the event of refusal to grant the Client’s request, this must be justified. The Client is informed that, in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority. The Client may be invited to tick a box by which they agree to receive informational and advertising emails from the Seller. They will always have the possibility to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 – Intellectual Property

The content of the website domain name is the property of the Seller and its partners and is protected by French and international laws on intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.

ARTICLE 11 – Governing Law / Language

These GTCS and the transactions arising therefrom are governed by and subject to French law. These GTCS are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 12 – Disputes

For any complaint please contact the customer service department at the Seller’s postal or email address indicated in ARTICLE 1 of these GTCS. The Client is informed that they may in any event resort to conventional mediation, with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The Client is also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase and sale transactions concluded pursuant to these GTCS and which have not been settled amicably between the seller or through mediation, shall be submitted to the competent courts under the conditions of common law. // For didreau SMP (Professional Mediation Company) (€30 for 3 years) NOT MANDATORY

ANNEX I – Withdrawal Form

This form must be completed and returned only if the Client wishes to withdraw from the order placed on domain name unless exclusions or limits to the exercise of the right of withdrawal apply under the applicable General Terms and Conditions of Sale.

To the attention of [Name of the person in charge], [Full address]:

I hereby notify you of my withdrawal from the contract relating to the goods below:

Order placed on: …

Order number: …

Client’s name: …

Client’s address: …

Client’s signature (if paper version)

Details

97170 Petit-Bourg, Guadeloupe, France

+590 690 06-8228

wildforest971@gmail.com

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