OUR GENERAL TERMS AND CONDITIONS OF SALE
We are pleased to welcome you to the e-commerce site of the company POLLENERGIE.
The present general conditions of sale are concluded between:
The Company POLLENERGIE, SAS with a capital of €97,416, whose registered office is:
603 route de la Grabère
47450 SAINT HILAIRE DE LUSIGNAN
Regularly registered with the RCS of AGEN under the number 414.697.037 Code APE 158V.
The POLLENERGIE Company is hosted by the OVHcloud Company, whose head office is located at 2 rue Kellermann 59100 Roubaix in France.
Hereinafter referred to as "the POLLENERGIE Company" on the one hand,
Internet users who wish to make a purchase on the www.pollenergie.fr site of the POLLENERGIE Company.
Hereinafter referred to as "the CUSTOMER" on the other hand,
These conditions govern the sale of any product presented on the site www.pollenergie.fr belonging to Société POLLENERGIE.
The parties agree that their relations will be exclusively governed by this contract. These contractual conditions apply to the exclusion of all other conditions.
The items offered for sale on the site www.pollenergie.fr cannot be the subject of any transfer by their buyer, of any nature whatsoever.
The products offered for sale on the www.pollenergie.fr site can be acquired in the following countries: Metropolitan France, Albania, Germany, Austria, Belgium, Belarus, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland , Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Montenegro, Norway, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Serbia, Slovakia, Slovenia, Sweden, Switzerland, Ukraine.
For the DOM TOM and all the other countries not named above, please contact us by telephone on 05 53 68 11 11 or by email at [email protected] because fresh products such as pollens and royal jelly make the subject to logistical restrictions. An estimate will then be necessary to agree on the appropriate delivery method.
The POLLENERGIE Company reserves the right to modify at any time the site www.pollenergie.fr for these territories.
Any order duly validated on the www.pollenergie.fr site implies total and unreserved acceptance of these general conditions of sale and, possibly, of the special or specific conditions for one or more products or orders. It is specified that the CUSTOMER can save or print these general conditions of sale, provided however that they do not modify them. The general conditions of sale may be subject to change. In this case the applicable conditions will be those in force on the site www.pollenergie.fr on the date of the order.
Article 1 - Object of the general conditions of sale
These conditions aim to define the reciprocal obligations of the parties as well as the different stages of the ordering process.
This contract is formed by the following contractual documents, presented in descending hierarchical order:
• These general conditions of sale,
• Purchase order.
In case of contradiction between the provisions contained in the documents of different rank, the conditions of the higher document will prevail.
These general conditions of sale come into force on the date of dispatch of the order form.
These general conditions of sale are concluded for a period necessary for the supply of the goods and services subscribed, until the expiry of the guarantees.
Article 2 - Articles and products
2.1 - The articles appearing on the site "www.pollenergie.fr" are valid while they are online and are available while stocks last.
The POLLENERGIE Company does not guarantee that the products will be kept on sale for a given period.
2.2 - We present on our site "www.pollenergie.fr" the products for sale with the necessary characteristics that allow compliance with article L.111-1 of the Consumer Code, which has the possibility for the potential consumer to know before the final order taking the essential characteristics of the products he wishes to buy.
The products offered comply with the French legislation in force and the standards applicable in France.
2.3 - The products offered for sale on the "www.pollenergie.fr" site are described and presented with the greatest possible accuracy. The choice and purchase of a product are placed under the sole responsibility of the CUSTOMER. The POLLENERGIE Company cannot be held responsible for any direct or indirect damage resulting from the use or improper storage of the products, the consumer having not complied with the instructions indicated on the instructions for use and maintenance of the products purchased. on the website "www.pollenergie.fr".
The POLLENERGIE Company cannot be held responsible for the non-performance of the contract concluded in the event of out of stock or unavailability of the product, force majeure, disruption, total or partial strike, in particular of the postal services and means of transport and/or communications, flood, fire. The POLLENERGIE Company will not incur any liability for any indirect damage as a result of these presents, operating loss, loss of profit, loss of opportunity, damages or costs, which may arise from the purchase of the products.
Hypertext links may refer to sites other than the "www.pollenergie.fr" site. The latter disclaims all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.
2.4 - Aristea fresh royal jelly cannot be delivered to overseas territories and certain foreign countries for reasons of stability and preservation of the product. For any information, contact customer service.
2.5 – Fresh pollen is also subject to special conditions for deliveries in the DOM – TOM. See with customer service for any delivery request.
Article 3- Product Availability
3.1 - The order will be executed at the latest within fourteen days from the day following that on which the CLIENT's order was definitively validated (means of payment received and order verification procedure carried out).
3.2 - In case of unavailability of the ordered product, the CUSTOMER will be informed as soon as possible and will have the possibility of canceling his order. The CUSTOMER will then have the option of requesting a refund of the sums paid. The refund will be made within THIRTY (30) days at the latest of their payment. The CUSTOMER may also request an exchange of a product with equivalent characteristics and prices, if the POLLENERGIE Company is able to deliver it to him.
3.3 - If it is impossible to exchange, the POLLENERGIE Company reserves the right to cancel the CUSTOMER's order and refund the sums paid to it.
The information on the availability of the products being transmitted by our suppliers, the unavailability of the product could not engage the responsibility of the Company POLLENERGIE nor give right to any damages for the CUSTOMER.
Article 4 - Product prices, shipping costs and promotional offers
4.1 - Les prix sont présentés en Euros, TTC (toutes taxes comprises) en noir sur la fiche produit, et hors frais de port. Les prix peuvent être modifiés à tout moment sans préavis, les articles étant facturés sur la base du tarif existant au jour de l'enregistrement de la commande.
4.2 - La TVA est la TVA au taux applicable en France pour les produits concernés. Si le taux de TVA venait à être modifié, ces changements pourraient être répercutés sur le prix des articles sans que le CLIENT en soit préalablement informé.
4.3 - Participation aux frais d'envoi : les frais de port sont indiqués sur le site avant la validation finale de la commande.
Les frais de port sont calculés en ligne directement et affichés immédiatement sur le bon de commande.
Envois en France métropolitaine, Albanie, Allemagne, Autriche, Belgique, Biélorussie, Bulgarie, Chypre, Croatie, Danemark, Espagne, Estonie, Finlande, Grèce, Hongrie, Irlande, Italie, Lettonie, Lituanie, Luxembourg, Malte, Monténégro, Norvège, Pays-Bas, Pologne, Portugal, République Tchèque, Roumanie, Royaume-Uni, Serbie, Slovaquie, Slovénie, Suède, Suisse, Ukraine.
Pour les livraisons dans les DOM TOM et les pays non présents dans la liste ci-dessus, veuillez contacter directement le service client au 05.53.68.11.11 ou par mail à [email protected].
La livraison des produits commandés est réalisée par Colissimo Suivi (La Poste) avec ou sans signature selon l'option choisie.
4.4 - Les offres promotionnelles ne sont valables que dans la limite de la durée de validité de l'offre concernée.
Articles 5 - Order
5.1 - LeCUSTOMER interested in an article on the site "www.pollenergie.fr" follows the following process in order to establish his order:
Select the items by choosing the quantity then open the basket.
Enter the advantage code if the Customer has one and enter the country of delivery for an estimate of the associated cost.
Validate the basket.
The Customer must then identify himself if he has not already done so, or create an account in order to proceed with the order.
Select the delivery and billing address.
Select the payment method to complete the order:
Attention : read and validate the General Conditions of Sale to validate the payment stage.
5.2 - Validation: the CUSTOMER definitively and irrevocably validates his order by clicking on “Validate payment”. This validation is worth sale and irrevocably commits the parties.
5.3 - Order confirmationThe contractual information will be confirmed by e-mail.
The POLLENERGIE Company recommends that the CUSTOMER keep a paper trail, or on a reliable computer medium, of the data relating to his order.
The CUSTOMER must confirm the completeness and conformity of the information he provides to the POLLENERGIE Company. The latter cannot be held responsible for any input errors and the consequences in terms of delay, error or impossibility of delivery. In this context, all costs incurred for reshipment will be borne by the CLIENT.
The conclusion of a sales contract will only occur if the POLLENERGIE Company accepts the order. Indeed, the POLLENERGIE Company reserves the right not to record a payment and therefore not to confirm an order in the event of information or situations not complying with these conditions.
5.4 - Proof of transaction
The data recorded by the POLLENERGIE Company constitutes proof of all transactions made by the POLLENERGIE Company and its CUSTOMERS. The data recorded by the payment system constitutes proof of financial transactions.
Article 6 - Payment terms
The CUSTOMER has the option of paying:
In case of payment by check, it must be issued by a bank domiciled in metropolitan France, and DOM TOM. Any order paid by check will only be processed upon receipt of the means of payment. Availability and shipping times are to be recalculated from the date of receipt of the means of payment.
All payments are collected before the order is shipped.
Article 7 - Règles concernant le paiement et le produit vendu
The CUSTOMER guarantees the POLLENERGIE Company that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form.
The POLLENERGIE Company reserves the right to suspend any order and any delivery in the event of refusal of payment authorization by officially accredited bodies, or in the event of non-payment.
The POLLENERGIE Company specifically reserves the right to refuse to make a delivery or to honor an order from a CUSTOMER who has not fully or partially paid a previous order or with whom a payment dispute is in progress. administration.
The POLLENERGIE Company retains full ownership of the products sold until full receipt of all sums due by the CLIENT in connection with his order, including costs and taxes.
The transfer of ownership of property purchased from the POLLENERGIE Company by the CLIENT to a third party will not be borne by the POLLENERGIE Company. Only the original buyer of this property can claim to access the clauses of these general conditions of sale.
Article 8- Droit de rétractation
8.1 The CUSTOMER has a period of fourteen days to exercise his right of withdrawal, without having to justify his decision. The CUSTOMER bears only the direct costs of returning the goods, as provided for in article L. 221-23.
8.2 The period mentioned in the first paragraph runs from the day of receipt of the goods by the CLIENT or a third party, other than the carrier, designated by him, for contracts for the sale of goods. The CUSTOMER sends back without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw in accordance with article L. 221-21. For contracts concluded outside the establishment, the CUSTOMER may exercise his right of withdrawal from the conclusion of the contract. In the case of an order relating to several goods delivered separately or in the case of an order for a good made up of batches or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or batch or of the last item.
8.3 In accordance with Council Regulation No. 1182/71/EEC of 3 June 1971 determining the rules applicable to time limits, dates and terms:
8.4 In accordance with article L221-21 of the Consumer Code, the CUSTOMER exercises his right of withdrawal by informing POLLENERGIE of his decision to withdraw by sending, before the expiry of the period provided for in article L. 221- 18, of the withdrawal form mentioned in article L. 221-5 or of any other unambiguous statement expressing its desire to withdraw. The burden of proof of the exercise of the right of withdrawal under the conditions provided for in Article L. 221-21 weighs on the CUSTOMER.
8.5 The CUSTOMER returns or returns the goods to POLLENERGIE, without undue delay and, at the latest, within fourteen days following the communication of its decision to withdraw in accordance with Article L. 221-21. The CUSTOMER only bears the direct costs of returning the goods. The CLIENT's liability may be incurred in the event of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these goods, in accordance with Article L. 221-5.
8.6 When the right of withdrawal is exercised, POLLENERGIE reimburses the CLIENT for all sums paid, including delivery costs, no later than fourteen days from the date on which POLLENERGIE is informed of the CLIENT's decision to withdraw. . POLLENERGIE may defer reimbursement until the goods are recovered or until the CLIENT has provided proof of the shipment of these goods, the date chosen being that of the first of these events. POLLENERGIE makes this reimbursement using the same means of payment as that used by the CLIENT for the initial transaction, unless the CLIENT has expressly agreed to use another means of payment and insofar as the reimbursement does not incur any costs. to the customer. POLLENERGIE is not required to reimburse the additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method offered by POLLENERGIE.
8.7 : The right of withdrawal cannot be exercised for contracts:
Article 9 - Credit card payment security
In order to ensure the security of payments, the "www.pollenergie.fr" site, the POLLENERGIE Company uses the secure payment service E-transaction of Crédit Agricole d'Aquitaine. This service integrates the SSL security standard.
Confidential data (the 16-digit bank card number, the expiry date and the visual cryptogram) are directly transmitted encrypted to the Société Générale server without passing through the physical media of the Société POLLENERGIE server.
When the order is validated, the payment request is routed in real time to Crédit Agricole d'Aquitaine's secure electronic payment manager. This sends an authorization request to the bank card network. The telepayment manager issues an electronic certificate.
Article 10 - Signature and proof
For any payment by credit card on the "www.pollenergie.fr" site, the electronic certificate issued by the remote payment manager will serve as proof of the amount and date of the transaction, in accordance with the provisions of articles 1316 and following of the Civil Code.
In this respect, the dates and times of the server will prevail between the parties.
In all cases, the validation of the order is worth signature and express acceptance of all the operations carried out on the site.
Article 11 - Processing times for your order
Orders are processed from Monday to Friday inclusive.
After delivery by us, your order is delivered to you within 48 hours in Metropolitan France. Shipments are made from Monday to Thursday.
These deadlines are for working days, excluding postal delivery problems.
Article 12 - Delivery times and terms of the order
The delivery of the products ordered by the CUSTOMER is carried out by Colissimo Suivi (La Poste) or by DPD Predict. Find out more about our delivery methods.
POLLENERGIE is automatically liable to the consumer for the proper performance of the obligations resulting from the contract concluded at a distance, whether these obligations are performed by the professional who concluded this contract or by other service providers, without prejudice to his right of recourse against them. However, POLLENERGIE may exonerate itself from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the consumer, or to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure.
For the rest, the two parties will then come together, within one month, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued.
In the event of force majeure: neither party will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as fortuitous event or force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
The party affected by such circumstances will notify the other within TEN (10) working days following the date on which it becomes aware of them.
The two parties will then come together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than THREE (3) months, these general conditions may be terminated by the injured party.
Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by French Jurisprudence:
Article 13 - Refund and return package
The CUSTOMER has a period of FIFTEEN (15) clear days from the delivery of his order to return the products to the POLLENERGIE Company for reimbursement, without penalty except for the return costs borne by the CUSTOMER.
The CUSTOMER sends back or restores the goods to the professional, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw in accordance with article L. 221-21. The CUSTOMER bears only the direct costs of returning the goods.
The consumer's liability may be incurred in the event of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these goods, in accordance with 2° of article L. 221-5.
Processing of packages returned because they have not been delivered by service providers
Some packages may not be delivered to the final dentinist for the following reasons: Does not live at the Address Indicated (NPAI), Unclaimed package, refused package, storage period exceeded, transport damage, spoliation, etc.
NPAI and NOT DELIVERED PROBLEM ADDRESS
These are packages returned by the delivery service provider for the following reason: incomplete or incorrect address.
UNCLAIMED and UNBOOK EXCEEDED STORAGE
These are packages that have not been claimed by customers at the collection point within the time limit.
These are packages refused by the customer at the time of delivery by the transport provider.
After receipt of returns for the reason "NPAI", "NOT DELIVERED PROBLEM ADDRESS", "NOT CLAIMED", "NOT DELIVERED STORAGE PERIOD EXCEEDED" or "REFUSED", a purchase voucher for the amount of the non-damaged items (excluding frozen royal and fresh pollen), deducted from the shipping costs, will be credited to the customer account which was used to place the order within 7 days of receipt of the return of the package.
Article 14 – Protection of personal data
Lhe new European regulation was established and entered into force on May 25, 2018. This is the General Data Protection Regulation (GDPR – EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016), which strengthens the rules already in place regarding the collection and use of personal data by an organization.
During the processing of the order, personal data relating to the CUSTOMER is collected. This data, qualified as personal data, is subject to a new European regulation: the GDPR.
The CUSTOMER, Internet consumer, certifies having read it.
In accordance with this GDPR, the CUSTOMER has several rights at all times concerning his information. For more information, please consult the “personal data protection” page.
Article 15 - Legal guarantees for the customer
15.1 POLLENERGIE is required to deliver goods that comply with the contract and is liable for any lack of conformity of the goods under the conditions provided for in articles L 217-4 et seq. of the Consumer Code. We speak of "lack of conformity" when the good purchased by the consumer is unsuitable for the use he expects of it or even does not correspond to the description given by the seller or finally does not have the qualities announced by the seller.
15.2 POLLENERGIE undertakes to respect its obligations in terms of guarantees attached to the products sold on its Site. In fact, it will be up to the Customer to contact our Customer Service if he considers that the goods delivered have hidden defects. It being understood that the legal guarantee against hidden defects must be activated by the Customer within two (2) years from the discovery of the hidden defect, it being up to the Customer to prove the existence of the said hidden defect. This guarantee requires the meeting of three conditions:
Once the defect has been proven, the CUSTOMER has two options:
Article 16 – Mediation procedure
The CUSTOMER has the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or to any other method of dispute resolution.
For a consumer dispute to be examined by the mediator, the CUSTOMER must prove that he has sent a written complaint to POLLENERGIE's customer service department. If this step is not taken, the request for mediation will be inadmissible. The CUSTOMER must therefore keep written proof of the steps he has taken. He can contact the mediator within a maximum period of 1 year from the date of his written complaint to POLLENERGIE. A dispute cannot be reviewed by the mediator if it has previously been reviewed or is being reviewed by another mediator or by a court.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, you will find below the contact details of the competent mediator to whom POLLENERGIE is responsible:
FEVAD (Fédération du e-commerce et de la vente à distance)
60 Rue La Boétie – 75008 Paris
In accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, you will also find the electronic link to the online dispute resolution platform (RLL).
Article 17 - Responsibility
For all stages of access to the "www.pollenergie.fr" site, consultation, filling in forms, ordering, delivery of items or any other service, the POLLENERGIE Company has only one obligation of means. Consequently, the responsibility of the POLLENERGIE Company cannot be engaged for any inconvenience or damage inherent in the use of the Internet network and totally outside the diligence and precautions taken by the POLLENERGIE Company.
In particular, any disruption in the provision of the service, or any external intrusion or presence of computer virus, cannot engage the responsibility of the POLLENERGIE Company.
Article 18 - Election of domicile
The POLLENERGIE Company declares to elect domicile at the address indicated at the top of these general conditions of sale.
Article 19 - Intellectual property and competition
All elements of the "www.pollenergie.fr" site, whether visual or the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of the POLLENERGIE Company.
The user who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the home page of the site "www.pollenergie.fr", must obligatorily request the prior authorization of the POLLENERGIE Company. In this case, it cannot be an implicit affiliation agreement. In all cases, any link, even tacitly authorized, must be removed on simple request from the POLLENERGIE Company.
Article 20 - Disagreement
The language of these general conditions of sale is English.
The CUSTOMER may seize either one of the courts with territorial jurisdiction under the Code of Civil Procedure, or the court of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event.