Article 1 - General provisions relating to these general terms and conditions of sale (hereinafter the “GTC”)

1. 1. Purpose

The GTC are applicable exclusively to the online sale of products appearing on the sitewww.lafermeducbd.fr, access to which is freely available and free to any Internet user.

1. 2. Scope

The GTC exclusively govern the online sales contracts of GROW QUALITY SA products to customers and constitute, together with the online order, the contractual documents enforceable against the parties, to the exclusion of all other documents, prospectuses, catalogues or photographs of the products, which have only an indicative value.

The GTC are exclusively applicable to products delivered to customers established in metropolitan France, in the overseas territories, and/or in an EU member state.

The GTC, along with all the contractual information mentioned on the site, are written in French.

1. 3. Availability and enforceability of the GTC

The GTC are made available to consumers on the seller website, where they can be consulted directly.

The GTC are enforceable against the customer, who acknowledges, by ticking a box provided for this purpose, that they have been made aware of them and accepted them before validating the order.

The validation of the order, through the confirming thereof, amounts to the customer signing up to the GTC in force on the day the order is placed, the conservation and reproduction of which are ensured by the professional seller in accordance with Article 1127-2 of the Civil Code (formerly C. civ., art. 1369-4).

1. 4. Modification of the GTC

GROW QUALITY SA reserves the right to modify its GTC at any time.

In the event of modifications to the GTC, the applicable GTC are those in force on the date of the order, a copy of which, dated on the said date, can be given to the customer if they so request.

1. 5. Severability of the clauses of the GTC

The nullity of a contractual clause does not entail the nullity of the GTC, unless it was an impulsive and decisive clause that led one of the parties to conclude the sales contract.

The temporary or permanent non-application of one or more clauses of the GTC by GROW QUALITY SA shall not constitute a waiver on its part of the other clauses of the GTC, which shall continue to produce their effects.

Article 2 – Products

The products offered for sale presented in the catalogue published on the site are each the subject of a description that mentions their essential characteristics, within the meaning of Article L. 111-1 of the Consumer Code.

The photographs illustrating the products do not constitute a contractual document.

The method of use of the product, if it is an essential element, is mentioned in the electronic catalogue, or, at the latest, upon delivery.

The products are offered and delivered according to the limits of available stocks.

In the event that the product ordered is not available, GROW QUALITY SA shall offer the customer either:

• the dispatch of a substitute product with similar characteristics, the price of which is at least equal to that of the product initially chosen;
• the issuing of a voucher of the same value as the order;
• the refunding of the order within 7 days.

Apart from the refunding of the price of the product that is unavailable, GROW QUALITY SA is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.

Article 3 – Price

The sale prices are indicated, for each of the products listed in the electronic catalogue, in euros, all taxes included, excluding delivery and transport costs.

The sale price of the product is the one in force on the day of the order.

Delivery and transport costs are mentioned before validation of the order and invoiced as an additional charge, except when the order exceeds an amount previously announced on the “Delivery and payment” page of the site www.lafermeducbd.fr.

They are fixed in the summary of the order.

The total amount owed by the customer is indicated on the order confirmation page.

In cases of promotions through prices, GROW QUALITY SA undertakes to apply the promotional price to any order placed during the validity period of the advertisement created for the promotion.

GROW QUALITY SA reserves the right to modify its prices at any time, while guaranteeing to the Customer that the price in force on the date of the order will be applied.

For deliveries in the DOM TOM: there is no VAT but customs duties will potentially be payable.

Article 4 – Offer

The online sales offers presented on the site are reserved for customers residing in metropolitan France / overseas territories and / or in a member state of the European Union, and for deliveries in these same geographical areas.

The online sales offers presented on the site shall be valid, in the absence of any indication of a particular duration, for as long as the products appear in the electronic catalogue, and within the limits of available stocks.

The acceptance of the offer by the customer is validated, in accordance with the double-click process, through the confirmation of the order.

Article 5 - Customer account

Before placing an order on the site, the Customer can create a customer account. To this end, they must fill in a form in the “My Account” section with the information concerning them, and they undertake to provide accurate information and not to usurp the identity of a third party or to alter their age.

In particular, the Customer shall indicate their email address and a password that will later be used to identify them on the site. The username and password are personal and the Customer undertakes not to disclose them.

Article 6 – Order

6. 1. Stages of the concluding of the contract

To place an order, the customer, after filling their virtual basket indicating the products selected and the quantities desired, then clicks on the button “Validate cart” and provides information relating to delivery and the method of payment.

Before clicking on the “Validate cart” button, the customer has the opportunity to check the details of their order and its total price, and to go back to the preceding pages to correct any errors or potentially modify their order.

The sales contract is formed at the time that the customer sends the confirmation of their order.

6. 2. Changes to orders

Any changes to an order by the customer after their order has been confirmed are subject to acceptance by the professional seller.

6.3. Order confirmation

An e-mail acknowledging receipt of the order and the payment for it is sent out by GROW QUALITY SA as soon as possible.

GROW QUALITY SA reserves the right to refuse any order for legitimate reasons, and, in particular, if the quantities of products ordered are considered abnormally high for customers classified as consumers.

6.4. Archiving

The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code. These communications, purchase orders and invoices may be produced as proof of contract.

6.5. Loyalty points

For each validated and shipped order, the customer receives a number of points corresponding to the amount of their order. For example, for an order of €80, the customer receives 80 loyalty points, corresponding to a discount of €8. The customer can collect loyalty points and convert them into a discount for a future order.

The loyalty points received by the customer are valid for 365 days from the date they are registered on the customer’s account. After this period of 365 days, unused points that have not been converted into a voucher (discount) are automatically deleted and do not give the right to any compensation, indemnification or reduction, whether in financial or any other form. GROW QUALITY SA offers no guarantee of validity or maintenance of loyalty points, nor any compensation or reduction in financial or any other form, particularly in the event that loyalty points are deleted, erased or discontinued due to technical problems, administrative or technical changes.

Article 7 – Payment

The price of the products is due in full after confirmation of the order.

7.1 Terms of payment

Payment is made online by credit card or bank transfer.

7.2. Payment security

Our site is subject to mandatory 3D secure and PCI DSS security systems.

7.3. Non-payment

In the event of non-payment of the full price within ten days, the contract will be considered automatically terminated.

Article 8 – Delivery

8. 1. Delivery area

GROW QUALITY SA delivers any order to metropolitan France, overseas territories and the territory of the European Union.

8.2. Delivery deadlines

GROW QUALITY SA undertakes to deliver the products within the period indicated on the validation page of the order by the customer, namely:

• From 24 hours to 5 days in metropolitan France;
• From 3 days to 10 days in the countries of the European Union;
• 5 to 20 days in the Overseas Territories.

The delivery time is the shipping time indicated on the product page plus the processing and routing time.

The period starts to run from the time the order is paid for in full.

The deadlines do not apply in cases of force majeure or one-off event.

8. 3. Shipping costs

Delivery costs are the responsibility of the customer, except when the order exceeds a previously determined amount.

8.4. Terms of delivery

The products are delivered to the address indicated by the customer on the order form.

Delivery is effected through:

• the direct delivery of the product to the customer by the carriers, depending on the size of the object;
• by home delivery;
• by collection at a pick-up point.

If the package is made available, it must be collected by the customer within fifteen days of the notice of availability.

If collection has not occurred within the period indicated, GROW QUALITY SA may, after formal notice has been sent to the customer, and has remained without effect, proceed with the collection, and automatically terminate the order. The delivery costs will not be refunded, and any return costs will be borne by the customer.

8.5. Product conformity

When the product is delivered to the address indicated, it is up to the customer to check, in the presence of the delivery person, the condition of the product delivered and, if necessary, to express reservations on the delivery note or on the transport receipt.

If the product does not comply with the order, the customer must send a complaint to the professional seller, in order to obtain the replacement of the product or, as the case may be, cancellation of the sale.

8.6. Delivery and transfer of risk

The product, which is delivered to the customer by a carrier chosen by GROW QUALITY SA, travels at the risk and peril of the seller. The risk is transferred to the buyer when he takes physical possession of the goods.

The risk of loss or damage to the goods passes to the customer at the time he, or a third party designated by him, takes physical possession of the property, without distinction according to its nature.

8.8. Transfer of ownership

From the time of actual delivery, ownership of the product is transferred to the customer.

8.9. Delay in delivery

If delivery has not occurred within 30 days of the date of the online order, the customer may request a refund within 30 days.

This period does not apply in cases of force majeure.

8.10. Failure to deliver

Complete failure to deliver entails the automatic cancellation of the sales contract and the refunding of the price paid, including delivery costs.

A delivery incident will not be considered as failure to deliver.

Article 9 - Legal guarantee of conformity and guarantee of hidden defects

All products supplied by GROW QUALITY SA benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code.

The French law applicable to the contract cannot have the effect of depriving a customer residing in another Member State of the provisions on guarantees that are granted to him by his national law pursuant to the Directive of 25 May 1999 on the sale of consumer goods and associated guarantees.

GROW QUALITY SA cannot be held liable for any non-compliance of the product with the legislation of the customer’s country; it is up to the customer to check that the product is not prohibited for sale in his country.

GROW QUALITY SA is bound by the guarantee against hidden defects in the item sold which may render it unsuitable 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 paid a lower price, had it been known to him at the time.

The customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

Article 10 - Right of withdrawal and return of items ordered

In accordance with Articles L. 221-5 et seq. of the Consumer Code, the customer has a period of 14 days from the receipt, by himself or a third party, of the items ordered to exercise his right of withdrawal, without having to prove the reasons or pay any penalties.

To exercise the right of withdrawal, the customer must complete the withdrawal form on the following page https://www.lafermeducbd.fr/formulaire-de-retractation.html or send an email containing their surname, first name, address and order number and indicating unambiguously that they are exercising their right of withdrawal to the following address: sav @ lafermeducbd.fr.

The costs of returning the product ordered and delivered to the customer will be borne by the customer.

The customer can return the products to the following postal address: SUPPLYWEB Returns service - Grow Quality ZAC de la delle du clos neuf 14840 DEMOUVILLE

Returned products must be new, unused, and in their original box if necessary. Any item returned soiled and / or damaged by the customer will not be taken back.

The return is carried out after receipt and confirmation of the complaint by GROW QUALITY SA.

It is up to the customer to provide proof of this return.

The Customer will be refunded for the entire cost of the order, at the price invoiced, excluding delivery costs, within 15 days of receipt by GROW QUALITY SA of the returned order. This refund will be made by the same means of payment as that used for the initial transaction.

If the return is refused by GROW QUALITY SA for the reasons set out above, the products will then be returned to the customer at the customer’s expense, without the customer being able to demand any compensation or right to a refund, with the exception of the subsequent exercise of their warranty rights on the products sold.

Article 11 - Complaints

In the event of a dispute, the customer must file an amicable complaint with GROW QUALITY SA by email: sav @ lafermeducbd.fr or by post to the following address: GROW QUALITY SA Avenue de Rumine 13, 1005 Lausanne.

Article 12: Intellectual property

The content of the site www.lafermeducbd.fr, the general structure and the software, texts, images whether animated or not, photographs, its know-how and all the other elements of which the site is composed, are the exclusive property of the company GROW QUALITY SA or its partners who have granted it a license.

Any total or partial representation of this site by any person whatsoever, without the express authorization of the company GROW QUALITY SA, is prohibited and would constitute an infringement punishable by the Intellectual Property Code.

The distinctive signs of GROW QUALITY SA and its partners, such as domain names, trademarks, names and logos appearing on the site are protected by the Intellectual Property Code.

Any total or partial reproduction of these distinctive signs made from the elements of the site without the express authorization of the company GROW QUALITY SA is therefore prohibited.

Article 13: Force majeure

In cases of force majeure, as defined by the current case law, the performance of GROW QUALITY SA’s services will be suspended in full or in part. Force majeure means any external, unforeseeable and insurmountable event that prevents GROW QUALITY SA from fulfilling its contractual obligations.

In the event that an event classed as force majeure in accordance with the previous paragraph occurs, GROW QUALITY SA undertakes to notify the customer as soon as possible.

Article 14 - Disputes, competent court and applicable law

This contract and the GTC that govern it are subject to Swiss law, subject to the mandatory rules of the consumer’s country of residence.

In the absence of an amicable agreement, any dispute relating to the existence, interpretation, conclusion, performance or termination of the contract, and all documents related to this contract, will fall under the jurisdiction of the judicial court and / or the commercial court of the canton of Vaud.