ARTICLE 1 – SCOPE OF APPLICATION
These General Terms and Conditions of Sale (known as “GTC”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“The Clients” or “the Client”), wishing to acquire the products offered for sale (“The Products”) by the Seller on the website https://buddyboo.fr/. The Products offered for sale on the site are as follows:
CBD
The main characteristics of the Products, and in particular the specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website https://buddyboo.fr/, which the client is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Client.
Product offers are subject to availability, as specified when the order is placed.
These GTC are accessible at any time on the website https://buddyboo.fr/ and shall prevail over any other document.
The Client declares to have read these GTC and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the website https://buddyboo.fr/.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Client.
The Seller’s contact details are as follows: BUDDY BOO FRANCE, SAS
Share capital of 100 euros
Registered with the Paris RCS under number 984133652 60 Rue François 1er
Email: contact@buddyboo.fr
Telephone: 0651227184
The Products presented on the website https://buddyboo.fr/ are offered for sale for the following territories:
European Union, Japan.
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 French Overseas Territories, the price will be automatically calculated excluding taxes on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. These will be at the expense and are the sole responsibility of the Client.
ARTICLE 2 – PRICE
The Products are provided at the rates in effect appearing on the website https://buddyboo.fr/, when the order is registered by the Seller.
Prices are expressed in Euros, excluding tax and including tax.
The rates take into account any discounts that may be granted by the Seller on the website https://buddyboo.fr/.
These rates are firm and non-revisable during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport, and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Client corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and provided to the Client upon delivery of the Products ordered.
ARTICLE 3 – ORDERS
It is the Client’s responsibility to select the Products they wish to order on the website https://buddyboo.fr/, according to the following terms:
The Client chooses a Product that they put in their basket, a Product that they can delete or modify before validating their order and accepting these general terms and conditions of sale. They will then enter their contact details or log in to their account and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Client according to the terms provided.
Product offers are valid as long as they are visible on the site, within the limit of available stocks.
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 immediately report any errors.
Any order placed on the website https://buddyboo.fr/ constitutes the formation of a contract concluded at a distance 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 will be able to follow the progress of their order on the site.
Any cancellation of the order by the Client will only be possible before the delivery of the Products (regardless of the provisions relating to the application or not of the legal right of withdrawal).
ARTICLE 3 BIS – CUSTOMER AREA – ACCOUNT
In order to place an order, the Client is invited to create an account (personal area).
To do this, they must register by filling out the form that will be offered to them at the time of their order and agree to provide sincere and accurate information concerning their civil status 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 area 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 any disclosure. Otherwise, they will remain solely responsible for the use made of it.
The Client may also request their unsubscription by going to the dedicated page in their personal area or by sending an email to: contact@buddyboo.fr. This will be effective within a reasonable period.
In the event of non-compliance with the general terms and conditions of sale and/or use, the website https://buddyboo.fr/ will have the possibility of suspending or even closing a client’s account after formal notice sent electronically and remaining without effect.
Any deletion of an account, for whatever reason, results in the outright 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 responsibility of the Seller.
The creation of the account entails acceptance of these general terms and conditions of sale.
ARTICLE 4 – PAYMENT CONDITIONS
The price is paid by secure payment, according to the following terms:
- payment by credit card
The price is payable in cash by the Client, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the website https://buddyboo.fr/.
Payments made by the Client will only be considered final after effective collection by the Seller of the sums due.
The Seller will not be required to proceed with the delivery of the Products ordered by the Client if the latter does not pay the price in full under the conditions indicated above.
ARTICLE 5 – DELIVERIES
The Products ordered by the Client will be delivered in mainland France or in the following zone(s):
European Union and Japan.
Deliveries occur within 48 hours to the address indicated by the Client when ordering on the site.
Delivery is constituted by 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 at once.
The Seller undertakes to make its best efforts to deliver the products ordered by the Client within the timeframes specified above.
If the Products ordered have not been delivered within 2 weeks after the indicative delivery date, for any cause other than force majeure or the act of the Client, the sale may be cancelled at the written request of the Client under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Client will then be returned to them at the latest within fourteen days following the date of termination of the contract, excluding any compensation or deduction.
In the event of a special request from the Client concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing, based on a quote previously accepted in writing by the Client.
The Client is required to check the condition of the delivered products. They have a period of 2 weeks from delivery to formulate complaints by email: contact@buddyboo.fr, accompanied by all relevant supporting documents (photos in particular). After this period and failing to have respected these formalities, the Products will be deemed compliant and free from any apparent defect and no complaint 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 Consumer Code and those provided for in these GTC.
The transfer of risks of loss and deterioration relating thereto will only be realized at the moment when the Client takes physical possession of the Products. The Products therefore travel at the Seller’s risk except when the Client has chosen the carrier themselves. As such, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 – TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Client will only be realized 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 articles L221-18 et seq. of the Consumer Code, the Client has a period of fourteen (14) days to exercise their right of withdrawal, without having to justify their decision, from the receipt of the Product.
For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first item.
7.1 Exercise of the right of withdrawal
The right of withdrawal can be exercised:
- online via the withdrawal form available on the Site, or
- by any unambiguous statement expressing the desire to withdraw (email or mail), to the contact details indicated in ARTICLE 1.
7.2 Return of Products
The Client sends back or returns the Products without excessive delay and, at the latest, within fourteen (14) days following the communication of their decision to withdraw.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) accompanied by proof of purchase.
Products that are damaged, soiled, incomplete, or returned in a condition that does not allow them to be resold may be subject to a refusal and/or a discount (see 7.4).
7.3 Return costs
Unless otherwise stated, the return costs remain the responsibility of the Client.
7.4 Natural products (flowers, resins) – hygiene, safety and depreciation
Given the nature of the Products (natural products sensitive to preservation), and as a measure of hygiene and health protection, any returned Product will not be put back on sale.
In accordance with article L221-23, the Client’s liability can only be engaged in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the goods (provided that the Client has been informed of their right of withdrawal).
Consequently, for flowers and resins, if the returned Product shows signs of alteration, opening, handling, or non-compliance (damaged packaging, altered smell, abnormal humidity, non-compliant quantity, presence of foreign bodies, etc.), the Seller may apply a discount corresponding to the observed loss of value, which can go up to 100% when the Product is rendered unsaleable.
7.5 Refund
When the right of withdrawal is validly exercised, the refund is made at the latest within fourteen (14) days from the date on which the Seller is informed of the decision to withdraw.
For sales of goods, the Seller may defer the refund until recovery of the goods or until receipt of proof of shipment.
7.6 Legal exceptions
The right of withdrawal does not apply to the exceptions provided for in article L221-28 of the Consumer Code.
ARTICLE 8 – SELLER’S LIABILITY – WARRANTIES
The Products provided by the Seller benefit from:
- the legal warranty of conformity, for defective, spoiled, or damaged Products or those not corresponding to the order,
- the legal warranty against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered products and making them unfit for use
Provisions relating to legal warranties
Article L217-4 of the Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.”
Article L217-5 of the Consumer Code
“The goods conform to the contract:
1° If they are fit for the use usually expected of similar goods and, where applicable:
– if they correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
– if they present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer, or by its representative, particularly in advertising or labeling;
2° Or if they present the characteristics defined by mutual agreement by the parties or are fit for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.”
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”
Article 1641 of the Civil Code.
“The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price, if they had known about them.”
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.”
Article L217-16 of the Consumer Code.
“When the buyer asks the seller, during the course of the commercial warranty granted to them upon the acquisition or repair of movable property, for a restoration covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer’s request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.”
In order to assert their rights, the Client must inform the Seller, in writing (email or mail), of the non-conformity of the Products or the existence of hidden defects from their discovery.
The Seller will refund, replace, or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements, or repairs of Products deemed non-compliant or defective will be carried out as soon as possible and at the latest within 2 weeks following the Seller’s finding of the lack of conformity or hidden defect. This refund may be made by bank transfer or check.
The Seller’s liability shall not 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 on the part of 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 responsibility of the Seller. The Seller’s warranty is, in any event, limited to the replacement or refund of non-compliant Products or those 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 by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the website https://buddyboo.fr/ are as follows:
Account opening
When creating the Client / user account:
Surnames, first names, postal address, telephone number, and email address.
Payment
As part of the payment for the Products offered on the website https://buddyboo.fr/, it records financial data relating to the Client / user’s bank account or credit card.
9.2 Recipients of personal data
Personal data is 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 Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
9.4 Limitation of processing
Unless the Client expresses their express agreement, their personal data is not used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the time of the applicable statute of limitations for contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software, and physical measures in terms of digital security 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 Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of Client and user rights
In application of the regulations applicable to personal data, Clients and users of the website https://buddyboo.fr/ have the following rights:
- They can update or delete the data concerning them in the following way:
by logging into their account, on the account configuration tab.
- They can delete their account by writing to the email address indicated in article 9.3 “Data controller”
- They can 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 is inaccurate, they can request the update of the information by writing to the address indicated in article 9.3 “Data controller”
- They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 “Data controller”
- They can also request the portability of the data held by the Seller to another provider
- Finally, they can object to the processing of their data by the Seller
These rights, provided they do not oppose the purpose of the processing, can be exercised by sending a request by mail or by email to the Data Controller whose contact details are indicated above.
The data controller must provide a response within a maximum period of one month.
In case of refusal to grant the Client’s request, it must be justified.
The Client is informed that in case of refusal, they can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer to a judicial authority.
The Client may be invited to check a box whereby they agree to receive informative 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 https://buddyboo.fr/ is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of infringement.
ARTICLE 11 – APPLICABLE LAW – LANGUAGE
These GTC and the operations resulting from them are governed by and subject to French law.
These GTC are written in the French language. 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 customer service at the Seller’s postal or email address indicated in ARTICLE 1 of these GTC.
The Client is informed that they can in any case 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. In this case, the designated mediator is
_______________
_______________
_______________
Email: _______________.
The Client is also informed that they can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale operations concluded in application of these GTC and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under common law conditions.
Created on https://www.legalplace.fr
ANNEX I WITHDRAWAL FORM
Date ______________________
This form must be completed and returned only if the Client wishes to withdraw from the order placed on https://buddyboo.fr/ except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
To the attention of SAS, BUDDY BOO FRANCE
60 Rue François 1er
I hereby notify the withdrawal from the contract relating to the property below: – Order of (indicate date)
– Order number: …………………………………………………..
– Client Name: …………………………………………………………………
– Client Address: ……………………………………………………………..
Client Signature (only in case of notification of this form on paper)
