Terms of sales
Terms of Sales
Legislation in France
botafarmcalifornia.com sells hemp seeds, the possession and collection of which are authorized in France, as is the purchase. These seeds must not be used for any purpose other than those permitted by law. This law specifies that the possession of seeds must be the subject of collection or preservation of seed species.
The germination of seeds sold on our site botafarmcalifornia.com is completely prohibited in France.
As customers of botafarmcalifornia.com, we ask that you agree to the following terms:
botafarmcalifornia.com does not wish to encourage anyone to act against the law. We clarify that anyone who buys seeds is responsible for their future actions. We will not take any responsibility in this regard.
botafarmcalifornia.com has never authorized and will not authorize third parties to distribute the seeds in countries where the trade in hemp/hemseed seeds is illegal and invites each of its customers to inquire about the laws in force in their country of origin. residence.
botafarmcalifornia.com offers seeds for collection use only.
The sale of collectible seeds is strictly prohibited to minors.
These General Conditions of Sale (hereinafter the “T&Cs”) are offered by Botafarm Genetics SARL, whose head office is located at 2119 Griffith Park Boulevard, 90039 Los Angeles California (hereinafter “Botafarm Genetics”).
We will subsequently designate:
“Site”: the site https://botafarmcalifornia.com and all of its pages.
“Products” or “Services”: all products (materials) and services (services) that can be purchased or subscribed to on the Site.
“Seller”: Botafarm Genetics, legal or natural person, offering its Products or Services on the Site.
“Customer”: the Internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.
“Consumer”, in accordance with the definition of the preliminary article of the Consumer Code: “any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, artisanal or liberal activity”.
Internet users visiting the Site and interested in the Products and Services offered by the Seller are invited to read these General Terms and Conditions carefully, to print them and/or save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the General Terms and Conditions and accepts them in full and without reservation.
Article 1 - Application of the General Terms and Conditions and purpose of the Site
The Seller reserves the right to modify the General Terms and Conditions at any time by publishing a new version of them on the Site. The General Terms and Conditions applicable to the Customer are those in force on the day of their order on the Site.
Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter of this Site.
This Site offers the online sale of plant growing products.
The Site is freely accessible to all Customers. The acquisition of a Product or Service implies acceptance, by the Customer, of the entirety of these General Terms and Conditions, who at the same time acknowledges having read them fully. This acceptance may consist for example, for the Customer, of checking the box corresponding to the sentence of acceptance of these General Terms and Conditions, 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 Customer.
Acceptance of these General Terms and Conditions presupposes on the part of the Customers that they have the necessary legal capacity for this. If the Client 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 Customer recognizes the evidentiary value of the Seller's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
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 General Terms and Conditions. Acceptance of these General Terms and Conditions therefore implies acceptance of the data confidentiality policy.
Article 2 - Creation of a customer account
The creation of a “customer account” is an essential prerequisite for any order from the Customer on this Site. To this end, the Customer will be asked to provide a certain amount of personal information such as his first and last name, his email address, his postal address and his telephone number, this list being not exhaustive. As such, the Customer undertakes to provide accurate information. The Customer is responsible for updating his data. He must therefore notify the Seller without delay in the event of a change. The Customer is solely responsible for the veracity, accuracy and relevance of the data provided.
The Customer registered on the Site 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 third-party connection buttons from social networks . The Customer is entirely responsible for protecting the password he has chosen. It is encouraged to use complex passwords. If the Customer forgets their password, they can generate a new one. This password constitutes the guarantee of the confidentiality of the information contained in its “my account” section and the Customer therefore undertakes not to transmit it or communicate it to a third party. Failing this, the Seller cannot be held responsible for unauthorized access to a Customer's account.
The customer account allows the Customer to view all orders placed on the Site. If the data contained in the customer account section were to disappear following a technical breakdown or a case of force majeure, the Seller could not be held liable, this information having no probative value but only a informative. The pages relating to the customer account are freely printable by the Customer holding the account in question but do not constitute proof, they are only of an informative nature intended to ensure effective management of their orders or contributions by the Customer.
Each Customer is free to close their account on the Site. To do this, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of its data will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has contravened these General Terms and Conditions (in particular and without this example being of any exhaustive nature, when the Customer has knowingly provided incorrect information during registration and of setting up your 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 Customer who will not be able to claim any compensation as a result. This exclusion does not exclude the possibility, for the Seller, of taking legal action against the Customer, when the facts justify it.
Article 3 - Method of subscribing to orders and description of the purchasing process
The Products and Services offered are those which appear in the catalog published on the Site. These Products and Services are offered while stocks last. Each Product is accompanied by a description established by the Seller based on the descriptions provided by the supplier.
The photographs of the Products in the catalog reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment to the extent that they cannot ensure perfect similarity with the physical Products.
We will define below as “Basket” the intangible object grouping together all the Products or Services selected by the Customer of the Site for a purchase by having clicked on these elements. In order to place their order, the Customer chooses the Product(s) they wish to order by adding them to their “Basket”, the content of which can be modified at any time.
Once the Customer considers that he has selected and added to his basket all the Products he wishes to purchase, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.
If he wishes to validate his order, the Customer must check the box relating to the ratification of these General Terms and Conditions and click on the validation button. The Customer will then be redirected to a page in which he must complete the order form fields. In the latter case, he must provide a certain amount of personal data concerning him, necessary for the smooth completion of the order.
All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order until it is validated.
Once the Customer has completed the form, he will then be invited to make his payment using the payment methods listed in the section of these General Terms and Conditions relating to payments. After a few moments, the Customer will be sent an order confirmation email, reminding them of the content of the order and its price.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
Article 4 - Price and payment terms
Unless otherwise stated, the prices appearing in the catalog are prices understood in Euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any contribution to processing and shipping costs.
Botafarm Genetics reserves the right at any time to modify its prices and to pass on, if applicable, any change in the VAT rate in force on the price of the Products or Services offered on the Site. However, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.
The Customer can place an order on this Site and can make payment by bank card. Payments by bank card are made using secure transactions provided by an online payment platform provider.
This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly into the hands of the bank or payment provider receiving payment from the Customer. In the event of payment by check or bank transfer, the delivery times defined in the “Deliveries” article of these General Terms and Conditions only begin to run from the date of effective receipt of payment by the Seller, the latter being able to provide proof by any means. The availability of Products is indicated on the Site, in the description sheet of each Product.
Botafarm Genetics will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 5 - Deliveries
Delivery costs will be indicated to the Customer before any payment. The Site has no geographical delivery limitation, orders can be shipped anywhere in the world.
In the event of delivery of a Product outside the territory of the European Union and in the French Overseas Territories, the Customer declares itself the importer of the Product and accepts that in such a case the Seller may be physically unable to provide him with exact information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise stated on the Site during the order process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Customer Consumer.
The Customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, Product missing from the delivery note, damaged package, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. Failing to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Seller will not be required to comply with the Customer's request to exercise his right of refusal.
If the Customer's package is returned to the Seller by post or by other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask him what action to take on his order. If the Customer has mistakenly refused the package, he or she may request its return by first paying the postal costs for the new shipment. Postal costs must be paid even for orders for which shipping costs were free when ordering.
In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows withdrawal, according to article L.221-18 et seq. of the Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or a false maneuver by the Customer cannot be attributed to the Seller.
Any delay in delivery compared to the date or deadline indicated to the Consumer Customer when ordering or, in the absence of indication of date or deadline when ordering, greater than thirty (30) days from the date of delivery. conclusion of the contract may result in the termination of the sale at the initiative of the Consumer Customer, upon written request from him by registered letter with acknowledgment of receipt, if after having ordered the Seller to make delivery he has not complied . The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of the totality of the sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.
Article 6 - Product Warranty
Legal provisions to reproduce
When acting under a legal guarantee of conformity, the consumer has a period of two years from delivery of the goods to act; he can choose between repairing or replacing the good, subject to the cost conditions provided for by article L.217-9 of the Consumer Code; except for second-hand goods, it is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods, a period extended to 24 months from March 18, 2016.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The consumer may decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to provide any guarantee; in the event of implementation of this guarantee, the buyer has the choice between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the day on which the right arose in accordance with article 2232 of the Civil Code.
All items acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;
Legal guarantee of conformity
According to articles L.217-4 et seq. of the Consumer Code, the Seller is required to deliver goods that comply with the contract concluded with the Consumer Customer and to respond to any lack of conformity existing during delivery of the Product. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the Product. However, when the defect appeared within 24 months following this date (or within 6 months if the order took place before March 18, 2016 or the Product is sold second-hand), it is presumed to meet this condition. But, in accordance with article L.217-7 of the Consumer Code, “the Seller may combat this presumption if it is not compatible with the nature of the [Product] or the alleged lack of conformity”.
On the other hand, after this period of 24 months (or 6 months if the order took place before March 18, 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect existed at the time of delivery. taking possession of the Product.
In accordance with article L.217-9 of the Consumer Code: “in the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.
Legal guarantee against hidden defects
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee of hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore not result from normal wear and tear of the Product for example), and are sufficiently serious (the defect must either make the Product unfit for the use for which it is intended, or reduce this use to such an extent that the buyer would not have purchased the Product or would not have bought it at such a price if he had known about the defect).
Complaints, requests for exchange or reimbursement for a non-compliant Product must be made by post or by email to the addresses indicated in the legal notices of the site.
In the event of non-conformity of a delivered Product, it may be returned to the Seller who will exchange it. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.) the Customer will be reimbursed by check or transfer for the amount of their order. The costs of the exchange or refund procedure (in particular the return shipping costs of the Product) are then the responsibility of the Seller.
Article 7 - Service Client
The customer service of this Site is accessible by email at the following address: firstname.lastname@example.org or by post to the address indicated in the legal notices.
Article 8 - Liability
The Seller Botafarm Genetics cannot be held responsible for non-performance of the concluded contract due to the occurrence of a force majeure event. Concerning the Products purchased, the Seller will not incur any liability for any indirect damage as a result of this, operating loss, loss of profit, damage or costs, which may arise.
The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal if applicable, that is to say if the Customer is not a Consumer Customer and the contract concluded to acquire the Product or Service allows withdrawal, according to the article L 221-18 et seq. of the Consumer Code.
The Customer expressly agrees to use the Site at his own risk and under his exclusive responsibility. The Site provides the Customer 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, poor configuration of the Customer's computer, or the use of a browser little used by the Customer;
the content of advertisements and other links or external sources accessible by Customers from the Site.
The photographs and visuals of the Products presented on the Site have no contractual character, the Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.
Article 9 - Intellectual property rights
All elements of this Site belong to the Seller or a third party agent, or are used by the Seller with the authorization of their owners.
Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and amounts to counterfeiting.
Any Customer who is guilty of counterfeiting would be likely to see his account deleted without notice or compensation and without this deletion constituting him any damage, without reservation of possible subsequent legal proceedings against him, at the initiative of the Seller or his 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 10 - Independence of clauses
If any provision of the T&Cs is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from the T&Cs and will not affect the validity and enforceability of any remaining provisions.
These General Terms and Conditions replace all prior or contemporaneous written or oral agreements. The General Terms and Conditions are not assignable, transferable or sublicensable by the Customer himself.
A printed version of the T&Cs and any notices given in electronic form may be requested in legal or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these General Terms and Conditions must be drawn up in the French language.
Article 11 - Applicable law and mediation
These General Terms and Conditions 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 General Terms and Conditions 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 General Terms and Conditions must be subject to the jurisdiction of the courts of the place of domicile of the defendant.
According to article L.612-1 of the Consumer Code, it is recalled that “all consumers have the right to have free recourse to a consumer mediator with a view to amicably resolving the dispute between them and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system.
As such, Botafarm Genetics offers its Consumer Clients, in the context of disputes which have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:
APPROVED CONSUMER MEDIATOR - DEVIGNY MEDIATION
Please note that mediation is not compulsory but only offered in order to resolve disputes by avoiding recourse to justice.