Terms and conditions of sale
TERMS AND CONDITIONS OF SALE
ARTICLE ONE - Champ application
The online store " Growshops.fr" online store has been created and is operated by the company Growshops.
The present General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company Growshops to non-professional buyers wishing to purchase the products offered for sale by the Vendor on its website Growshops.fr website
These conditions apply to the exclusion of all other conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.
These General Terms and Conditions of Sale are accessible at all times on this website and shall prevail, where applicable, over any other version or any other contradictory document.
In the absence of proof to the contrary, the data recorded by the company Growshops constitute proof of all transactions.
In accordance with Article L.111-1 of the French Consumer Code, the content of " Growshops.fr" allows the customer to know the essential characteristics of the selected product(s) before placing an order.
Product offers are subject to availability. Information on product availability is provided at the time the order is placed.
Modifications to these General Terms and Conditions of Sale are enforceable against users of the site from the date they are placed online, and cannot be applied to transactions concluded previously. Validation of the order by the purchaser implies unreserved acceptance of these General Terms and Conditions of Sale.
ARTICLE 2 - Right of withdrawal
In accordance with the provisions of article L 121-21 of the French Consumer Code, the Buyer has a period of 14 working days from delivery of the products to inform the company Growshops of his intention to exercise his right of withdrawal. The buyer must then return the products to the Vendor for exchange or reimbursement, provided they are returned in their original packaging and in perfect condition within 14 days of informing the Vendor of his or her decision to withdraw. Damaged, soiled or incomplete items will not be refunded or exchanged. Return shipping costs are the sole responsibility of the Buyer. Products must be returned with the invoice. The exchange (subject to availability) or refund will be made within 14 working days of receipt by the Vendor of the items returned by the Buyer. Refunds will be made according to the original method of payment, by credit card or bank transfer.
Any request to the company Growshops may be made :
- by e-mail using the contact@growshops.fr form.
- by telephone on +33 809 100 420 from Monday to Thursday from 10:30am to 12:00pm and from 2:30pm to 4:00pm and on Friday from 10:30am to 12:00pm.
Products for oral use cannot be returned or exchanged, for safety and hygiene reasons. Any product to be exchanged or refunded must be returned in its entirety (including accessories and instructions) and in its original packaging in perfect condition by a carrier with insurance covering the market value of the returned products, to the following address:
Entrepôt logistique - GS
Rue du Tourteret
60880 Le Meux
ARTICLE 3 - Order validation
It is the customer's responsibility to select the products they wish to order on the site.
Any order form signed by the customer by "double-clicking" constitutes an irrevocable acceptance which can only be challenged in the cases exhaustively provided for in the present general conditions of sale, such as the right of withdrawal and out-of-stock condition.
In accordance with the French law of March 13, 2000 on electronic signatures, from the moment the customer registers his order or "double clicks" on any order form, the customer's order is considered to have been accepted with full knowledge of the facts and is irrevocable, as regards prices, volumes and quantities.
Acceptance of the order is subject to full payment and collection.
In the event of cancellation of the order by the Customer after its acceptance by the Service Provider, beyond the 14 days resulting from the right of withdrawal, for any reason whatsoever except force majeure, a sum corresponding to 10% of the total invoice will be retained by the Service Provider, by way of damages, in compensation for the loss thus suffered.
ARTICLE 4 - Prices
Products are supplied at the current prices shown on the site when the order is registered by the Vendor. Prices are expressed in Euros and include VAT (all taxes), with the exception of deliveries to countries outside the European Union, where prices are expressed in Euros and exclude VAT (all taxes). All costs, duties and taxes associated with customs clearance operations are the responsibility of the Customer.
These prices are firm and non-revisable during their period of validity, as indicated on the Vendor's website. They do not include processing, shipping, transport and delivery charges, which are invoiced in addition.
An electronic invoice is drawn up by the Vendor and sent to the customer at the e-mail address communicated to the Vendor by the customer.
Growshops reserves the right to cancel any order for which the price is incorrect as a result of a computer bug, hacking, input error or other malicious act, whether internal or external to the company. Growshops will be obliged to inform the customer, cancel the order and proceed to a refund if necessary. If you notice an error, please contact us by e-mail at contact@growshops.fr.
A packaging charge of €1.90 (inc. VAT) is applied to each order, regardless of its value.
(**) prices per liter/per kilogram and all other units of measure are indicated excluding promotional prices.
Depending on the place of delivery and the value of the order, the customer may benefit from free delivery (details here). Some products are not eligible for free delivery due to their weight. In such cases, a flat-rate charge per unit is invoiced to the customer when the order is placed (this information is indicated on the product sheet).
ARTICLE 5 - Terms of payment
The price is payable in full on the day the order is placed by the Buyer.
To pay for your order, Growshops offers the purchaser various methods of payment as indicated on the order form, namely: credit card with secure payment in cash, credit card with secure payment in instalments and bank transfer.
Payment by bank card with secure payment is made with Payplug.
Payment in instalments/deferred is available via our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.
For payment in 2x, 3x or 4x, snly purchases between 99€ and 3 000€ are eligible for payment with Alma.
By paying in instalments with Alma, the customer does not pay any fees.
Alma is a tele-payment manager and issues an electronic certificate that will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the Civil Code.
Termination: Any termination of the GCS between the Seller and the customer shall result in the termination of the GCU between Alma and the customer.
Orders paid by bank transfer will only be processed on receipt of payment. Availability and shipping times are recalculated from the date of receipt of payment.
Gowshops reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations. The company Growshops in particular, the company reserves the right to refuse to make a delivery or to honor an order from a customer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.
Growshops shall not be held responsible for any misappropriation or fraudulent use of any means of payment not detected by the verification procedure.
Growshops retains full ownership of the products sold until full payment has been received for all sums due by the customer in respect of the order, including charges and taxes.
The transfer of ownership of goods purchased from Growshops by the customer to a third party shall not be assumed by the company Growshops
Only the original purchaser of the goods is entitled to access the clauses of the present terms and conditions of sale.
ARTICLE 6 - Loyalty program Growshops
Products eligible for the loyalty program Growshops are indicated on the product sheet
They entitle you to the following discounts:
10€ = 1 loyalty point
1 loyalty point = 0.20 cents
Vouchers are available after delivery of the last order and can be deducted from the next order. They are valid for 365 days
ARTICLE 7 - Preparation / Delivery
a) Delivery time
Delivery times depend on the type of payment chosen by the customer.
Preparation of the order (indicative lead time 1 to 3 working days) takes place upon receipt of payment.
Products purchased by the Purchaser will be shipped within a maximum of 5 to 6 working days to the address indicated by the Purchaser when placing his/her order on the website, subject to stock availability.
Deliveries are made by an independent carrier.
All products are delivered right up to the kerb, or at the point where the carrier cannot drive his vehicle: the entrance to your house or the main door of your building. This means that the carrier does not carry the goods to your house or apartment.
Certain products or order volumes may nevertheless justify a longer delivery time.
It is the customer's responsibility to check the completeness and accuracy of the information provided to Growshops. The latter cannot be held responsible for any data entry errors and the consequences thereof in terms of delivery delays or errors. In this context, all costs incurred for the reshipment of the order will be entirely at the customer's expense.
Growshops cannot be held responsible for delays in delivery due to errors in address or telephone number communicated by the purchaser, or in cases of force majeure.
b) Damage and partial loss
The customer is responsible for checking the condition of the packaging and the contents of the goods on delivery. We strongly recommend that any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.) be noted on the transport receipt in the form of "significant and complete handwritten reservations", accompanied by the customer's signature, in the presence of the delivery person.
The customer must notify Growshops by sending a copy of this document: by post to Growshops Route de Noailles 60730 Cauvigny or by e-mail to contact@growshops.fr as soon as possible to enable us to take effective action.
ARTICLE 8 - Delivery errors - Legal guarantee
Any complaint to the company Growshops may be made :
- by e-mail contact@growshops.fr
- by telephone on +33 809 100 420 from Monday to Thursday from 10:30am to 12:00pm and from 2:30pm to 4:00pm and on Friday from 10:30am to 12:00pm
Any claim not made in accordance with the above rules and within the specified time limits will not be taken into account and will release the company from any liability Growshops from any liability to the customer.
a) Delivery errors
The customer must notify the company of Growshops as soon as possible after delivery, any claim of error in delivery of the products in question nature or quantity compared with the information given on the order form.
Any product to be exchanged or reimbursed must be returned to the company within 14 working days of receipt of the return agreement Growshops in its entirety (including accessories and instructions) and in its original packaging in perfect condition, by carrier with insurance covering the market value of the returned products, to the following address: Entrepôt logistique GS Rue du Tourteret 60880 Le Meux. All returns must be notified in advance to the company's Customer Service Department Growshops. The printed return form must be enclosed in the parcel.
In the event of delivery errors, any shipping costs advanced by the customer will be reimbursed by the company Growshops (subject to proof and within the limit of the cost of a registered colissimo delivery), except in the event that the product taken back does not correspond to the original declaration made by the customer on the returns form.
The exchange (subject to availability) or refund will be made within 14 working days of receipt by the Vendor of the items returned by the Purchaser.
Refunds will be made according to the original method of payment, by credit card or bank transfer.
b) Legal warranty
In accordance with Articles L-221-2-I and D.211-2 :
The consumer has a period of two years from the date of delivery of the good to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.
Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance. The legal warranty of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the good. The legal warranty of conformity entitles the consumer to repair or replacement of the good within thirty days of his request, free of charge and without any major inconvenience for him. If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty. If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good. The consumer may obtain a reduction in the purchase price by keeping the good, or terminate the contract by obtaining a full refund against return of the good, if :
- 1° The professional refuses to repair or replace the good
- The goods are repaired or replaced after a period of thirty days
- 3° The repair or replacement of the good causes a major inconvenience to the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming good, or where the consumer bears the cost of installing the repaired or replacement good
- The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in the price of the goods, or to rescission of the contract, if the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand.
The consumer is not entitled to have the sale rescinded if the lack of conformity is minor. Any period of immobilization of the good with a view to its repair or replacement suspends the warranty which remained in force until the delivery of the reconditioned good.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
Any seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).
Consumers are also covered by the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund if the good is returned.
**Hygiene and cosmetic health products (including sprays), which have been unsealed and/or used by the consumer, cannot be taken back for reasons of hygiene and health protection.
ARTICLE 9 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Vendor's products to the Buyer will only take place after full payment of the price by the latter, regardless of the date of delivery of said products.
ARTICLE 10 - Seller's liability - Warranty
Customers are reminded that they benefit from the legal warranty against hidden defects (art 1641 to 1649 of the French Civil Code) and the legal warranty of conformity (art L211-1 et seq. of the French Consumer Code). The buyer has 2 years from the date of delivery to take action. Under the warranty of conformity, the buyer can choose between repair or replacement. When invoking the warranty against hidden defects, the purchaser may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
Products supplied by the Vendor benefit, in accordance with legal provisions,
- the legal guarantee of conformity,
- the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
- the manufacturer's warranty, depending on the products and brands concerned.
All warranties are excluded in the event of misuse, negligence or lack of maintenance on the part of the Buyer, as well as in the event of normal wear and tear, accident or force majeure, and the Seller's warranty is limited to the replacement or reimbursement of non-conforming or defective products.
The Vendor will replace or repair products or parts deemed defective under warranty.
The products sold on the website comply with the regulations in force in France. The Vendor cannot be held responsible for any failure to comply with the legislation of the country to which the products are delivered, which it is the Buyer's responsibility to check.
The Buyer is solely responsible for the choice of products, their conservation and use.
The Vendor shall not be held responsible or liable for any delay or non-performance resulting from the occurrence of a case of force majeure as usually recognized by French jurisprudence.
All electrical equipment supplied in kit form must be connected by a qualified professional electrician. The responsibility of Growshops shall not be held liable for any failure to comply with these installation instructions.
As an essential condition of sale, it is reminded that the Buyer is solely responsible for the use of the Seller's Products, their suitability for the use made of them and their destination. The Buyer shall refrain from any use of the Seller's Products which would be contrary to public order, to the provisions of the French Public Health Code, and more generally to the legal or regulatory provisions applicable under French and European law.
Article 11: Waste Electrical and Electronic Equipment (WEEE) and Extended Producer Responsibility (EPR).
A. Electrical and electronic equipment (EEE)
Electrical and electronic equipment (EEE) may contain hazardous substances, which have a potential impact on the environment and human health.
End-of-life EEE should not be disposed of with unsorted waste.
Collection and take-back systems for used Electrical and Electronic Equipment are available to users.
B. Eco-participation.
When you buy a new electrical or electronic appliance, you help finance the collection, reuse and recycling of old equipment by paying an "eco-participation" fee. All EEE prices shown on the site include the eco-participation fee. The collection and recycling of end-of-life electrical appliances is managed by non-profit eco-organizations approved by the public authorities. The amount of the eco-participation is calculated by these eco-organizations on the basis of the price of the processing operations required for recycling.
C. WEEE collection.
To find your nearest collection point, visit the website of our eco-organization partner ECOLOGIC France:
http://www.ecologic-france.com/recyclage-deee-point-collecte.html
D. Unique identifier
As part of its activity and in compliance with EPR regulations, we contribute to several organizations in order to finance the collection and treatment of various types of waste generated by products thus placed on the French market.
In accordance with the AGEC law of February 10, 2020, the identifiers for the channels concerned by the business are:
- Filière Déchets Diffus Spécifiques (DDS): FR010641_07QEJR
- Filière Electrical and Electronic Equipment (EEE) and Lamps : FR010641_05QSO8
- Batteries and Accumulators: FR010641_06FB6W
- Paper and Packaging: FR010641_03CGGQ / FR010641_01GVHF
Article 12: Partial non-validation
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
ARTICLE 13 - Data protection
Pursuant to the French Data Protection Act 78-17 of January 6, 1978, the Buyer is reminded that the personal data requested from him/her is necessary for the processing of his/her order and, in particular, for the preparation of invoices.
The processing of information communicated via the Vendor's site has been declared to the CNIL under number 1863147.
In accordance with current national and European regulations, the Buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him/her.
ARTICLE 14 - Intellectual property
The content of the site is the property of the Vendor and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.
In addition, Growshops remains the owner of all intellectual property rights on studies, drawings, models, prototypes, etc., produced (even at the Customer's request) with a view to providing services to the Customer. The Customer is therefore prohibited from reproducing or exploiting said studies, drawings, models, prototypes, etc., without the express prior written authorization of Growshops which may require financial compensation.
ARTICLE 15 - Applicable law - Language
By express agreement between the parties, the present contract is governed by and subject to French law.
It is written in French. Should it be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 16 - Disputes
For all disputes arising out of this contract with the consumer, concerning its validity, interpretation, performance, termination, consequences and after-effects, article R. 631-3 of the French Consumer Code states that "the consumer may refer the matter to one of the courts having territorial jurisdiction in the following cases vertu of the Code of Civil Procedure, i.e. the jurisdiction of the place where he/she lived at the time of the conclusion of the contract or the occurrence of the harmful event".
In the event of a dispute with professionals and/or traders, the competent commercial court will be that of the company's registered office Growshops.
In accordance with article L 616-1 of the French Consumer Code, any consumer has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of a dispute with a professional.
The competent mediator is :
Fédération e-commerce et vente à distance
60 rue La Boétie
75008 Paris
Tel: 01.42.56.38.86
Mail: contact@fevad.com
ARTICLE 17 - Acceptance by the Buyer
The fact that a natural person (or legal entity) places an order on the Vendor's website implies full acceptance of these General Terms and Conditions of Sale, which is expressly acknowledged by the Buyer, who notably waives the right to rely on any contradictory document, which would be unenforceable against the Vendor.