CUS

1. APPLICATION – The present General Conditions of Sale apply to sales conducted via the website accessible via the url http://www.green4you.fr (hereinafter the ‘Site’), between the company AGRIVAL, a simplified joint-stock company with capital of €773,336, registered with the RCS in Brest under the number 497 580 605, whose registered office is Lieu dit Kérisnel, 29250 Saint-Pol-de-Leon (hereinafter the ‘Seller’) and any consumer purchaser defined as a natural person acting for purposes which are not part of their commercial, industrial, artisanal, self-employed or agricultural activity (hereinafter the ‘Customer‘).

The Seller specialises in the manufacture of natural ingredients of vegetable origin: vegetable waters, juices and concentrated extracts, powders, fibres and active ingredients, derived from vegetables, flowers and ornamental plants grown in the Brittany region or from algae harvested near its base. The Seller reserves the right to modify the General Conditions of Sale on occasion, which will then apply as soon as they are put online. The General Conditions of Sale applicable are those online at the time of the Customer’s order.

2. PRODUCTS – The products concerned are fresh juices based on different vegetables and/or fruits, prepared by the Seller, according to the vegetables and/or fruits available. The composition of these juice recipes is, by nature, destined to evolve, in particular with regard to the seasonality of harvests and the vagaries of production and climate. The Customer acknowledges that he/she has been warned that the taste and/or the colour of the ordered products are therefore liable to vary from one product to another, including products with the same commercial name. The main characteristics of the products, their specifications, compositions of recipes, indications of capacity and storage conditions are presented on the Site. The products are prepared in a workshop that may have traces of celery. The Customer is invited to take notice of this information before ordering.

New categories of products, or new recipes and compositions, may be introduced by the Seller and these Terms and Conditions shall apply to their sale as they are added to the Site. Product offerings are within the limit of available stocks, because, due to the nature of the products, their storage capacity is limited by time.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions do occur with respect to this presentation, the Seller has no liability. The photographs of the products are not contractual. It is specified that the products marketed by the Seller are not pasteurized and do not contain preservatives. The Customer is strictly obliged to respect the product storage conditions (sheltered from light, temperature conditions, cold chain etc.) which are indicated on the Site and on the bottle, and the expiry date indicated on the cap of each product. Any open product must be consumed within two days.

3. ORDERS – Any order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale, which must be read by the Customer and then accepted by ticking the box provided for this purpose before ordering online. In order to place an order, Customers must create a customer account by specifying a valid email address, exact mailing address and telephone number. For first orders, the Customer must follow the procedure for creating an account indicated on the Site. For all subsequent orders, the Customer must identify themselves via their email address and password. In the event of a password being lost or forgotten, the Customer can ask for it again by going to their account and clicking ‘I have forgotten my password’. They will then receive their password via the email address communicated at the time of registration. The password is strictly confidential. The Customer undertakes not to communicate it to a third party. The Seller cannot be held responsible for any action carried out by a third party to which the Customer has communicated their identification details or who would have had access to these details due to a fault or negligence by the Customer. The Customer shall ensure that the information provided at the time of registration is correct, complete, honest and genuine, and regularly updated by the Customer. Due to the nature of the products, their non-professional purpose and the storage conditions mentioned above, the Seller reserves the right to limit the number of products that can be ordered simultaneously.

The Customer can check details of their order, total price and correct any errors, before validating it. Once the order has been validated by the Customer, the Seller will send them an email confirming the order, to the address indicated on the customer account.

Any order placed on the Site and validated by the Seller constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

In certain cases, in particular in case of payment default, wrong address or other problem with the Customer’s account, the Seller reserves the right to suspend the Customer’s order until the problem is resolved. In addition, the Seller reserves the right not to validate the order for any legitimate reason, in particular in the event that the order does not comply with these General Conditions of Sale and/or one or more previous orders has not been paid in full by the due date, and/or several serious and concordant elements would give rise to a suspicion of fraud about the order, and/or if the quantities ordered, by means of one or more orders, would be abnormally high in relation to the quantities usually ordered by purchasing consumers.

The Customer is informed that, when ordering, the nominative data will be processed by computer. The Customer is invited to refer to article 15 of these General Conditions of Sale to obtain more information.

4. PRICES – The price of the Products is indicated on the Site, expressed in Euros, including and excluding tax. Prices including tax apply the VAT applicable on French territory on the day of the order. These prices are firm and remain in effect as long as the products are displayed on the Site. The applicable price is that in effect at the time of the Customer’s order. The Seller reserves the right to modify these prices at any time. The displayed price does not include the costs of shipping, transport and delivery, which are calculated in addition and indicated to the Customer prior to ordering.

5. PAYMENT – The price is payable in full, in Euros, on the date the order is placed by the Customer by means of secure payment, online by valid bank card or through the customer’s Paylib account.

Cards accepted are: Visa, MasterCard, other credit cards.

When finalising the order, the Customer is asked to enter their card number, card expiry date and the last 3 digits of the visual cryptogram on the back of the card.

Depending on the ‘3D Secure’ security system available to Visa (‘Verified By Visa’) or Mastercard (‘MasterCard SecureCode’) cardholders, the Customer’s bank will also ask the customer to authenticate their order with confidential information to be entered on the bank’s website.

When choosing Paylib payment, the Customer is redirected to Paylib’s secure server and will be able to access their Paylib account, an internet payment solution with mobile phone validation, if they have access to this functionality, to follow the purchasing process until validation of payment on their online banking space.

Payment data is exchanged in encrypted mode using Secure Socket Layer (SSL).

The Seller shall not be obliged to proceed with the delivery of products ordered by the Customer if the latter does not pay in full the price according to the conditions indicated above.

Bank card payments are debited at the time the order is validated, provided that authorisation has previously been obtained from the appropriate payment centre to debit the customer’s account, failing which the order cannot be taken into account. In the case where products are unavailable, only the total of the products actually sent will be debited.

When the payment is made via Paylib, the order is registered when the Customer has validated their payment on their online banking space.

Payments made by the Customer will be considered as final only after actual receipt by the Seller of the sums due.

The Seller reserves the right, in the event of non-compliance with the payment conditions mentioned above, to suspend or cancel the delivery of Customer orders in progress.

6. DELIVERY – Products are delivered in mainland France to the address indicated by the Customer at the time of their order or at the Point Relais® chosen by the Customer. All orders made before 8am will be delivered in mainland France before 1pm the following day. In the case of deliveries to islands off the mainland, the indicated period may be extended by one day depending on the geographical area concerned. In other cases, an indicative period may be given. The Seller will make every effort to respect the delivery time indicated to the Customer at the time of ordering. In accordance with Article L216-2 of the Consumer Code, in the case of a failure to fulfil delivery at the expiry of the indicated delivery period or, failing that, at the latest 30 days after the order, the Customer can resolve the order, by registered letter with acknowledgment of receipt or by writing in another durable medium, if, after having ordered the Seller to make the delivery within a reasonable period of time, the latter did not execute delivery within that period. In the event of a resolution of the order, the Seller will refund the Customer the sums paid, at the latest within 14 days following the date of denunciation of the order, excluding any additional compensation.

When ordering, the Customer must indicate any useful information, in particular their name, their precise address, as well as the place and the mode of delivery selected. In the absence of clearly stated instructions, the Seller shall choose the method of dispatch which it deems most appropriate without assuming any liability in this respect or admitting any claim concerning the carriage. Deliveries are made according to availability and in the order of arrival of orders and subject to technical capacities.

In case of force majeure affecting the execution of orders, no compensation, retention or cancellation of the orders in progress can be demanded by the Customer, in particular for partial delivery, non-delivery or a delay in delivery.

The Customer can contact the Seller by email, at the address contact@green4you.fr, to follow the execution of their order.

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 the subject of a specific additional invoice, at a price previously agreed in writing by the Customer.

7. RECEIPT – The Customer is obliged to check the apparent condition of the products delivered. They shall have two (2) days from receipt to inform the Seller in writing of any reservations or claims for non-conformity or apparent defect of the products delivered (missing product, damaged packaging), accompanied by any documentary evidence. After this period and failing to comply with these conditions, the products will be deemed to be free from any apparent defects and no claim can be validly accepted by the Seller.

8. TRANSFER OF OWNERSHIP AND RISKS – The transfer of ownership of the Products is carried out after full payment of the price by the Customer. The risk of loss or damage of the products is transferred to the Customer at the moment when the latter or a third party designated by them, and other than the carrier suggested by the Seller, physically takes possession of the products.

9. RIGHT OF WITHDRAWAL – In accordance with article L221-18 of the Consumer Code, the Customer has a period of fourteen days from the day of receipt of the product to exercise their right of withdrawal, without penalty, with the exception of the costs of return which remain the responsibility of the Customer. This right can be exercised online, using the retraction form available on the Site. The Seller will communicate, without delay, to the Customer an acknowledgment of the receipt of this retraction via a durable medium. The Customer may also proceed by any other unambiguous declaration expressing their will to withdraw. Returns are to be made in their original state and complete, allowing them to return to the market in new condition, accompanied by the purchase invoice. The Seller will then reimburse the Customer for all amounts paid, including delivery charges, no later than fourteen days from the date on which they are informed of the Customer’s decision to withdraw.

However, in accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for:

(4) The supply of goods liable to deteriorate or to perish rapidly;
(5) 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;
(6) The supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles.

Consequently, the Customer acknowledges and accepts that the product orders covered by these provisions are not subject to the right of withdrawal.

10. PROMOTION – DISCOUNT CODE – For any possible promotions on the Internet or offers sent by email to be applied to an order, a valid discount code (also known as a ‘promotional code’) must be entered in the corresponding section of the basket on the Site by the Customer. The Seller cannot be held responsible for not having applied the discount if no valid code has been entered. Discount codes for the Site are not valid in any physical shops. Promotional codes are not cumulative and do not apply to orders already registered.

When a discount code or promotional offer applies to multiple products, the total value of the promotional offer or reduction is divided proportionately between each product.

Seller’s promotional codes may be provided to affiliated third parties by email, catalogue, social media, research or other means of advertising. The Seller reserves the right to limit or modify at any time the conditions of use of these promotional codes.

Promotional codes are limited to one use per Customer and only one promotional code can be used per transaction. If the Seller is not able to accept a discount code entered, it is because it has expired or the maximum level of use for the promotion has been exceeded. The Seller then informs the Customer at the time of the purchase procedure if the reduction is not applied.

Promotional codes cannot be redeemed for cash or combined with other promotions or promotional codes. When the promotional code entitles the Customer to a percentage discount, it does not apply to the delivery cost. Discount codes do not apply to discounted items, promotions and/or destocking operations, unless otherwise specified.

11. GUARANTEES –
The products sold on the Site comply with the regulations in force in France and have the benefit of:

– Statutory warranty of conformity, for products which are apparently defective, spoiled or damaged or which do not correspond to the order,
– Of legal warranty against latent defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unsuitable for use.

Within the framework of the legal guarantee of conformity, the consumer Customer:
– Has a period of two years from the issue of the goods to act against the seller;
– Can choose between the repair or the replacement of the ordered product, subject to the conditions of cost stipulated by article L217-9 of the Consumer Code;
– Exemption from proof of the lack of conformity of the product during the 24 months following the delivery of the product.
– The legal guarantee of conformity applies irrespective of the commercial guarantee that may cover the product.
– The customer may decide to implement the guarantee against hidden defects in accordance with article 1641 of the Civil Code; In this case, they can choose between the resolution of the sale or a reduction of the sale price in accordance with article1644 of the Civil Code.

The Customer will take into account the ‘fresh’ nature of the products and their expiry date in order to formulate any request within a timeframe compatible with these elements.

The cost of sending products that are actually non-compliant or defective will be reimbursed on the basis of the invoiced price and the return costs will be refunded upon presentation of the documents within fourteen (14) days of the Seller finding a fault with compliance or hidden defect.

The Seller’s guarantee is in any case limited to the replacement or the reimbursement of the products which do not conform or have a defect. The Seller cannot be held liable for any misuse, use for which the product is not intended, use for professional purposes, negligence or lack of care by the Customer, as in the case of non-compliance with the deadline for consumption or force majeure.

The Customer is solely responsible for the choice of the Products, their conservation and their use.

12. EXEMPTION CLAUSE – Failure by any party to fulfil its obligations arising from this agreement shall automatically entail the other party’s right to refuse to execute or suspend the performance of its own obligations.

13. FORCE MAJEURE – The events defined in Article 1218 of the Civil Code and the cases usually recognised as such by French jurisprudence are considered as cases of force majeure. The obligations of each party shall resume as soon as the event constituting force majeure ceases. If the case of force majeure lasts more than fifteen (15) days or if the sale is definitively impossible, the order will be cancelled at the request of the most diligent party, without any compensation whatsoever.

14. PROOF OF TRANSACTIONS
– Computerised records kept in the Seller’s computer systems under reasonable safety conditions shall be considered as evidence of communications, orders and payments made. The archiving of orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

15. PERSONAL DATA – Personally identifiable information and personal data concerning the Customer are necessary for the management of their order and the commercial relations with the Seller. These data may be communicated to the companies responsible for executing orders. This information and data are kept for security purposes in order to comply with the Seller’s legal and regulatory obligations. In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access, rectify and oppose all personal data at any time by writing, justifying their identity, to the Seller’s address.

The processing of information communicated through the Seller’s website was the subject of a declaration with the CNIL on 16 June 2017 under the number 2074346 v 0.

The Customer is informed that the site uses cookies. The cookie is a computer file, stored on the hard disk of the user’s computer. Its purpose is to report a previous visit to the site. Cookies are used by the Seller only for the purpose of personalising the service offered to the Customer. Thus, the Seller offers the user the possibility of facilitating navigation by recording information relating to the navigation of their computer on the site, in particular their connection parameters for their account.

The Seller informs the user that they can oppose the registration of cookies by configuring their browser to this effect and by changing the parameters by clicking on a link to ‘Learn more and set cookies’ present in the information banner. They then lose the ability to customise the service that is delivered to them. It is stipulated that the continuation of their navigation, after appearance of the information banner, equals the agreement of the internet user to the deposition of cookies on their terminal.

The link ‘Learn more and set cookies’ leads to a page where solutions are presented to accept or refuse all or some cookies. This page is accessible without a cookie.

The user is also informed that certain web pages on the site may contain web beacons (hereinafter ‘beacons’) which allow the number of visitors to the site to be counted and/or to provide the Seller with a certain number of indicators. These beacons may be used with some of the Seller’s partners, in particular to measure and improve the site’s efficacy. In any event, the information obtained via these beacons is strictly anonymous and merely collects statistics on the use of certain pages of the site, in order to better serve site visitors.

16. INTELLECTUAL PROPERTY – The content of the site, including the illustrations, images and texts reproduced, is the property of the Seller. Any reproduction or total or partial representation of the site and its content is strictly prohibited and is liable to constitute an offence of counterfeiting. The Seller is the owner of the GREEN4YOU trademarks (French trademark no. 4359539 and European trademark no. 16700973), the reproduction and/or use of which is prohibited without authorisation. Reproduction and or unauthorised use of the PRINCE DE BRETAGNE trademark is also strictly prohibited. None of the documents and/or texts and/or images from the site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way, without the express written permission of the Seller. The recipes for the juices marketed by the Seller are the property of the Seller and/or its partners and their reproduction and/or use without authorisation is strictly prohibited.

17. APPLICABLE LAW, JURISDICTION – These conditions are subject to French law. All disputes arising out of the sale of the products hereunder, whether as to their validity, interpretation, execution, termination, consequences and repercussions and which could not be resolved between the Seller and the Customer, shall be subject to the courts competent under common law.

The consumer customer is informed that they can use conventional mediation, in particular with the Commission for consumer mediation or with the existing sectoral mediation bodies, or with any alternative means of dispute settlement in the event of a dispute.

ANNEX I
PROVISIONS RELATING TO LEGAL WARRANTIES

Article L217-4 of the Consumer Code
The Seller delivers goods conforming to the contract and is liable for defects of conformity existing at the time of issue. It also answers to defects in conformity resulting from the packaging, assembly instructions or the installation when this was charged to it by the contract or was carried out under its responsibility.

Article L217-5 of the Consumer Code
The goods comply with the contract:
(1) If it is suitable for the customary use of a similar good and, where appropriate:
– It corresponds to the description given by the Seller and possesses the qualities which they have presented to the buyer in the form of a sample or a model;
– If it presents the qualities that a buyer can legitimately expect in view of public statements made by the Seller, the producer or their representative, in particular in advertising or labelling;
(2) Or if it has the characteristics defined by mutual agreement by the parties or is specific to any special purpose sought by the Customer, brought to the knowledge of the Seller and which the latter has accepted.

Article L217-12 of the Consumer Code
Action resulting from the lack of conformity shall lapse after two years from the delivery of the goods.

Article L217-16 of the Consumer Code
Where the buyer asks the Seller, during the course of the commercial guarantee granted to them at the time of the acquisition or repair of a movable good, to repair under warranty, at least seven days in addition to the remaining warranty period. This period shall run from the buyer’s request to intervene or the making available for repair of the goods in question, if this availability is subsequent to the request for intervention.

Article 1641 of the Civil Code
The seller shall be liable for hidden defects in the goods sold which render them unsuitable for the purpose for which they are intended or which reduce their use so much that the purchaser would not have acquired them or would have paid a lesser price if they had been known.

Article 1648 paragraph 1 of the Civil Code
Action resulting from defects shall be instituted by the purchaser within two years of the discovery of the defect.

 

ANNEX II

WITHDRAWAL FORM

This form should be completed and returned only if the Customer wishes to withdraw from the order placed on the www.green4you.fr Website.

For the attention of:

AGRIVAL
A simplified joint-stock company
RCS Brest 497 580 605
Registered office : Lieudit Kérisnel, 29250 Saint-Pol-de-Léon

I hereby give notice of withdrawal from the contract for the order below:

– Order of
– Order number: …………………………………………………..
– Customer name: …………………………………………………………………
– Customer address: ……………………………………………………………..

Customer’s signature (required only when this withdrawal is presented in paper form)

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