Terms & Conditions
We will subsequently designate:
• “Site” or “Service”: the site https://botafarmcalifornia.com and all of its pages.
• “Publisher”: Botafarm Genetics, legal or natural person responsible for the publishing and content of the Site.
• “User”: the Internet user visiting and using the Site Services.
These General Conditions of Use (hereinafter the “T&Cs”) are proposed by the Site Editor. The User of the Site is invited to read these T&Cs carefully, to print them and/or save them on a durable medium. The User acknowledges having read the T&Cs and accepts them in full and without reservation.
Article 1 - Application of the T&Cs
The purpose of these T&Cs is to define the conditions of access to the Site by Users. The Publisher reserves the right to modify the T&Cs at any time by publishing a new version of them on the Site. The T&Cs applicable to the User are those in force on the day of acceptance.
The Site is freely accessible to any User. The acquisition of a product or service, or the creation of a member area, or more generally navigation on the Site presupposes acceptance, by the User, of the entirety of these T&Cs, who acknowledges at the same time having taken full knowledge of it.
This acceptance may consist for example, for the User, of checking the box corresponding to the sentence of acceptance of these T&Cs, having for example the words “I acknowledge having read and accepted all of the general conditions of the Site”. Checking this box will be deemed to have the same value as a handwritten signature from the User.
The User recognizes the evidentiary value of the automatic recording systems of the Publisher of this Site and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
Acceptance of these T&Cs assumes that Users have the necessary legal capacity to do so. If the User is a minor or does not have this legal capacity, he declares that he has the authorization of a guardian, a curator or his legal representative.
The Publisher makes available to the Client, on its Site, a confidentiality charter specifying all the information relating to the use of the Client's personal data collected by the Publisher and the rights which the Client has vis-à-vis the Client. with regard to this personal data. The data confidentiality policy is part of the T&Cs. Acceptance of these T&Cs therefore implies acceptance of the data confidentiality policy.
Article 2 - Legal notices, personal data and purpose of the Site
This Site is published by Botafarm Genetics SARL. Legal information concerning the host and the Publisher of the Site, in particular contact details and any capital and registration information, are provided in the legal notices of this Site.
Information regarding the collection and processing of personal data (policy and declaration) is provided in the Site's personal data charter.
The purpose of this Site is determined as “Ecommerce”.
Article 3 - Member area
The User registered on the Site (member) has the possibility of accessing it by connecting using his identifiers (e-mail address defined during registration and password) or possibly by using systems such as connection buttons third party social networks. The user is entirely responsible for protecting the password he or she has chosen. It is encouraged to use complex passwords. If the User forgets their password, they can generate a new one. This password guarantees the confidentiality of the information contained in the “my account” section and the User is therefore prohibited from transmitting or communicating it to a third party. Failing this, the Site Editor cannot be held responsible for unauthorized access to a User's account.The creation of a personal space is an essential prerequisite for any order or contribution from the User on this Site. To this end, the User will be asked to provide a certain amount of personal information. He undertakes to provide accurate information.
The purpose of collecting data is to create a “member account”. If the data contained in the member account section were to disappear following a technical breakdown or a case of force majeure, the responsibility of the Site and its Publisher could not be engaged, this information having no probative value but only informative. The pages relating to member accounts are freely printable by the account holder in question but do not constitute proof, they are only of an informative nature intended to ensure effective management of the service or contributions by the User.
Each User is free to close their account and their data on the Site. To do this, he must send an e-mail to Botafarm Genetics indicating that he wishes to delete his account. No recovery of its data will then be possible.
The Publisher reserves the exclusive right to delete the account of any User who has contravened these T&Cs (in particular, but without this example being of any exhaustive nature, when the User has knowingly provided erroneous information, when their registration and the creation of their personal space) or any account that has been inactive for at least a year. Said deletion will not be likely to constitute damage to the excluded User who will not be able to claim any compensation as a result. This exclusion does not exclude the possibility, for the Publisher, of taking legal action against the User, when the facts justify it.
Article 4 - Access and availability of the Site
The Publisher makes its best efforts to make the Site permanently accessible, subject to maintenance operations of the Site or the servers on which it is hosted. In the event of impossibility of access to the Site, due to technical problems or of any nature, the User will not be able to claim damage and will not be able to claim any compensation.
The Site Editor is only bound by an obligation of means; it cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, interruption of service, or others.
The User expressly agrees to use the Site at his own risk and under his exclusive responsibility.
The Site provides the User with information for information purposes only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any event, Botafarm Genetics cannot under any circumstances be held responsible for:
• any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data which may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use ;
• a malfunction, unavailability of access, misuse, misconfiguration of the User's computer, or even the use of a browser little used by the User .
Article 5 - Hypertext links
The Site may include hypertext links to other sites.
The User therefore acknowledges that the Publisher cannot be held responsible for any proven or alleged damage or loss, resulting from or in connection with the use or the fact of having become aware of the content, advertising, products or services. available on these sites or external sources. Likewise, the Publisher of this Site cannot be held liable if the User's visit to one of these sites causes him harm.
If, despite the efforts of the Publisher, one of the hypertext links present on the Site pointed to a site or an internet source whose content was or appeared not to comply with the requirements of French law to a User, the latter shall undertakes to immediately contact the publication director of the Site, whose contact details appear in the legal notices of the Site, in order to communicate to him the address of the pages of the third party site in question.
Article 6 - Cookies
A “Cookie” can allow the identification of the User of the Site, the personalization of his consultation of the Site and the acceleration of the display of the Site thanks to the recording of a data file on his computer. The Site may use “Cookies” mainly to 1) obtain navigation statistics in order to improve the User experience, and 2) allow access to a member account and to content that is not 'is not accessible without connection.
The User acknowledges being informed of this practice and authorizes the Site Editor to use it. The Publisher undertakes never to communicate the content of these “Cookies” to third parties, except in the event of legal requisition.
The User can refuse the recording of “Cookies” or configure their browser to be notified before accepting “Cookies”. To do this, the User will configure their browser:
• For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
• For Safari: https://support.apple.com/fr-fr/ht1677
• For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
• For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
• For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Article 7 - Intellectual property rights
All elements of this Site belong to the Publisher or a third party agent, or are used by the Publisher on the Site with the authorization of their owner.
Any representation, reproduction or adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and amounts to counterfeiting.
Any User who is guilty of infringement would be likely to have their access to the site deleted without notice or compensation and without this exclusion constituting any damage to them, without reservation of possible subsequent legal proceedings against them, at the initiative of the Publisher of this Site or its agent.
This Site uses elements (images, photographs, content) whose credits go to: https://fr.freepik.com/.
The brands and logos contained in the Site may be registered by Botafarm Genetics, or possibly by one of its partners. Any person carrying out their representations, reproductions, nestings, disseminations and rebroadcasts incurs the sanctions provided for in articles L.713-2 et seq. of the Intellectual Property Code.
Article 8 - Liability
The Publisher is not responsible for Users' publications, their content or their veracity. The Publisher cannot under any circumstances be held responsible for any damage that may occur to the User's computer system and/or loss of data resulting from the User's use of the Site.
The Publisher undertakes to constantly update the content of the Site and to provide Users with fair, clear, precise and up-to-date information. The Site is in principle permanently accessible, except during technical maintenance and content updating operations. The Publisher cannot be held responsible for damage resulting from the unavailability of the Site or parts of it.
The responsibility of the Site Editor cannot be incurred due to technical unavailability of the connection, whether due in particular to a case of force majeure, maintenance, an update, a modification of the Site, an intervention by the host, an internal or external strike, a network outage, or even a power outage.
The Publisher cannot be held responsible for the non-functioning, impossibility of access or malfunctions of the Site attributable to unsuitable equipment, to incorrect configuration or use of the User's computer, to malfunctions of the services of the Users' access provider, or those of the internet network.
Article 9 - Notifications and complaints
Any notification or notice concerning these T&Cs, the legal notices or the personal data charter must be made in writing and sent by registered or certified mail, or by email to the address indicated in the legal notices of the Site, specifying the contact details , first and last name of the notifier, as well as the subject of the notice.
Any complaint related to the use of the Site, the Services, the pages of the Site on possible social networks or the T&Cs, the legal notices or the personal data charter must be filed within 365 days following the original day of the problem giving rise to the complaint, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such claim will be forever inapplicable in court.
It may be possible that there are, throughout the Website and the Services offered, and to a limited extent, inaccuracies or errors, or information that is inconsistent with the T&Cs, the legal notices or the charter of personal data. In addition, it is possible that unauthorized modifications may be made by third parties on the Site or on ancillary Services (social networks, etc.).
In such a situation, the User has the possibility of contacting the Site Editor by post or by email at the addresses indicated in the legal notices of the Site, with if possible a description of the error and the location (URL). , as well as sufficient information to contact him.
Article 10 – Independence of clauses
If any provision of the TOU is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions.
The T&Cs replace all prior or contemporaneous written or oral agreements. They are not assignable, transferable or sublicensable by the User himself.
A printed version of the T&Cs and any notices given in electronic form may be requested in judicial or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these T&Cs must be written in the French language.
Article 11 - Applicable law
These T&Cs are governed by and subject to French law.
Except for public order provisions, any disputes which may arise in the context of the execution of these T&Cs may, before any legal action, be submitted to the discretion of the Site Editor with a view to an amicable settlement.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal action.
Unless otherwise provided by public order, any legal action relating to the execution of these T&Cs must be subject to the jurisdiction of the courts of the place of domicile of the defendant.
All rights reserved