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Terms & Conditions
Terms and conditions of www.canna-biocie.fr/conditions-générales
Updated 01/05/2025
These general terms and conditions of sale govern all sales concluded between :
The CANNA BIO association, registered with the unique Siret identification number 94031584900015 , hereinafter referred to as "the Vendor", and Any person placing an order on the www.canna-bio.fr website, hereinafter referred to as "the Customer".
Plan
Preamble - Article 1: purpose - Article 2: general information - Article 3: characteristics of products and prices - Article 4: orders - Article 5: payment - Article 6: delivery - Article 7: reservation of ownership and transfer of risks - Article 8: right of withdrawal - Article 9: guarantees - Article 10: customer relations - Article 11: use of personal data - Article 12: management of cookies - Article 13: intellectual property - Article 14: liability - Article 15: force majeure - Article 16: applicable law/complaints, mediation and disputes
Preamble
Prior to any transaction, the Customer acknowledges having read them and expressly accepts them by checking the box "I have read and accept the General Terms and Conditions of Sale of www.canna-bio.fr without reservation, and I am aware of my right of withdrawal".
The Vendor and the Customer agree that their relationship is governed exclusively by the present General Terms and Conditions of Sale as visible on www.canna-bio.fr (hereinafter referred to as "the Site") at the time of the order.
The Vendor specializes in the distance selling of organic or ecological products or products in the field of well-being. It sells its products exclusively via its website www.canna-bio.fr, hereinafter referred to as "the Site". It does not have a store outside its website.
All products sold by the Vendor are listed on the Site, which is accessible to the Customer 24 hours a day, 7 days a week, all year round, except in the event of maintenance operations.
Article 1. Purpose
The purpose of the General Terms and Conditions of Sale is to describe the terms and conditions of distance selling of goods and services between the Vendor and the Customer. They express all the obligations and rights of the Parties. The Customer has the option of saving and/or printing them.
The Conditions apply without restriction or reservation to all products offered on the Site (hereinafter referred to as the "Products"), whatever their nature.
In the event of contradiction between these General Conditions of Sale and any other document appearing on the Site, including the quality charter or equivalent document, the General Conditions of Sale shall prevail.
If one or more of the stipulations herein are declared null and void as a result of a regulation or final decision of a competent court, this shall not affect the validity, binding force or scope of the other clauses of these General Terms and Conditions of Sale.
Article 2. General
2.1. Customer's full legal capacity
For the purposes of the General Terms and Conditions of Sale, a Customer is any natural person aged at least eighteen (18) years or having the authorization of an authorized person on the date the order is validated.
It is specified for all purposes that any order placed on the Site must correspond to the normal needs of a household and that the sale of alcohol to persons under the age of eighteen (18) is prohibited (article L. 3342-1 of the French Public Health Code).
The Customer is a consumer, i.e. he/she is acting for purposes that do not fall within the scope of his/her commercial, industrial, artisanal, liberal or agricultural activity.
By ticking the box "I have read and accept the canna-bio.fr General Terms and Conditions of Sale without reservation, and I am aware of my right of withdrawal", the Customer acknowledges that he/she has full legal capacity to enter into commitments under the General Terms and Conditions of Sale.
2.2 Customer identification by password
For the first order, and in order to personalize the environment, an e-mail address and password must be entered by the Customer. The system checks the uniqueness of the e-mail address.
If the password is lost, the Customer can click on the "forgotten password" link and enter his e-mail address in order to receive a new password at his e-mail address.
The password is not used to make any payment whatsoever. It is confidential and is requested from the Customer each time he/she connects to the Site. The Customer is solely responsible for its use.
2.3 Scope, enforceability and duration of the General Terms and Conditions of Sale
The Customer acknowledges having read the General Terms and Conditions of Sale and expressly agrees to them. This acceptance is given with each order when the Customer ticks the box "I have read and accept the canna-bio.fr General Terms and Conditions of Sale without reservation, and I am aware of my right of withdrawal". He/she accepts without reservation all the stipulations set out in these Conditions.
The fact that the Vendor does not invoke a clause of these General Conditions of Sale at a given time cannot be interpreted as a tacit waiver of the right to invoke it at a later date.
The General Conditions of Sale are those in force on the Site at the date of validation of the order by the Customer. They are valid for the duration necessary for the supply of the goods and services subscribed to, until the expiry of their guarantees.
The Customer is responsible for the implementation of all technical means (computer and telecommunication) suitable to enable him to access the Site.
2.4.Proof
Unless the Customer provides proof to the contrary, the Vendor's automatic recording systems are considered as proof of the nature, content and date of the sales contract.
2.5.Modification of the General Sales Conditions
The Vendor reserves the right to adapt or modify the General Terms and Conditions of Sale at any time. In the event of modification of the present, the General Terms and Conditions of Sale in force on the day of the order shall apply to each order. Customers are invited to consult the Site regularly to keep abreast of any changes.
Article 3. Characteristics of products and prices
3.1 Viewing product characteristics
The Vendor presents the products and services on its Site, together with a detailed description, so that the Customer can familiarize himself/herself with their essential characteristics before placing a definitive order.
When placing an order, the Customer acknowledges that he/she has read and understood the special conditions of sale displayed on the screen (name, price, components, weight, quantity, color, product characteristics, cost of services and limitations on certain product categories), and expressly declares that he/she accepts them without reservation.
For all products, and in particular for cosmetic and/or health-related products, the Customer's choice is based both on the essential characteristics of the products and on the Customer's personal characteristics. The Customer acknowledges and confirms that he/she is the sole judge of the suitability of the products in the light of any contraindications that may be personal to him/her, as well as their compatibility with any other products that he/she may use or treatments that he/she may undergo, so that the choice of products ordered is made under his/her sole responsibility. It is the sole responsibility of the customer to seek the assistance of an advisor if he or she does not feel sufficiently informed.
3.2. Product availability/validity of offer
Product offers and prices appearing on the Site are valid as long as they are visible and available. Any product temporarily unavailable is indicated as such on the Site (= addition to the shopping basket is not effective).
The simple fact of adding an item to the shopping basket does not constitute validation of the order.
The Vendor guarantees to make every effort to ensure the availability of the entire range of products and services offered. However, all or part of the quantity of a product added to the basket may no longer be available at the time the order is validated. If this is the case, the Customer will be informed directly and before any payment is made for the said order.
3.3. Prices
The prices displayed on the Site are determined by the Vendor. They do not include shipping costs. Shipping costs are invoiced to the Customer in addition. They are indicated before the final order is validated. The amount of taxes may change in the event of delivery abroad: in this case, the new amount is indicated to the Customer on the order summary page.
The price indicated in the Customer's order summary is the final price. It includes the total price of the order with details of each product, as well as delivery charges.
Products are invoiced on the basis of the rates in force at the time of order registration.
Products remain the property of the Vendor until full payment has been received.
The sale of products is subject to VAT in accordance with the terms applicable to the transaction, which may differ according to the place of delivery and the nature of the goods.
Any legal change in the VAT rate applicable to a transaction may lead to a change in the price, including VAT, of the transaction, until the order has been validated.
Validation of the order by payment implies acceptance of the price, including VAT, of the product and of the amount of VAT at the rate shown on the order summary.
In the event of a typing, printing or calculation error revealing a price lower than the price normally charged by the Vendor, the lower price will be applied to the Customer, unless this price is manifestly derisory, i.e., bears no relation to the actual value of the product ordered. In this case, despite automatic order confirmation by the Vendor, the order is cancelled. The Customer will be informed by the Vendor as soon as possible so that he may, if he so wishes, place a new order.
Article 4. Order
4.1. My account" section
4.1.1. Account creation
To make purchases on the Site, the customer must first create a customer account. This account is created exclusively on the Site, either before any purchase by clicking on the "create my account" link, then on "create your account", or before payment for the first order.
To create an account, the customer enters his or her title, surname, first name, telephone number, e-mail address and exact delivery address (floor, town, zip code). They must also enter their e-mail address and choose a password. These details are confidential. The Customer is solely responsible for the consequences of using his/her account until it is deactivated. The Customer undertakes to provide true and sincere information. In addition, he/she undertakes to inform the Vendor of any change concerning the said information.
This information is necessary for the management of orders as well as for the commercial relationship between the Vendor and the Customer. Customers who do not provide all this information forfeit the right to create an account.
The Vendor will present a summary of the information provided to the Customer, and an e-mail containing this information will be sent to the Customer.
The Vendor is not responsible for data entry errors and their consequences (delay and/or delivery error). In this context, the costs incurred for the reshipment of the order are to be borne by the Customer.
If the Customer does not wish to be the subject of commercial canvassing by telephone, he may register on a list of opposition to telephone canvassing on the www.bloctel.gouv.fr website.
4.1.2. Account use
The customer can consult the details of his current order by clicking on "basket" and then "access my basket".
The history of orders and invoices can be consulted at any time on the Site under the heading "order tracking".
When the contract is concluded electronically and concerns a sum equal to or greater than 120 euros, the Vendor ensures that the contract is kept for a period of ten (10) years from its conclusion when delivery is immediate, or from the date of delivery when delivery is not immediate. The Vendor guarantees access at any time to the person who signed the contract, if that person so requests.
Customers may access archived sales concerning them by sending a request by e-mail to contact@canna-bio.fr.
4.1.3. Account deactivation
In the event of non-compliance by the Customer with these General Terms and Conditions of Sale, the Vendor reserves the right to deactivate the Customer's account, ipso jure and without compensation, without having to respect any notice period, after sending an e-mail or a formal notice sent by registered letter with acknowledgement of receipt which has remained without effect for thirty (30) days.
In the event of a breach or serious and significant fault on the part of the Customer, the deactivation of the account takes place ipso jure, without notice, formality or compensation.
It is the responsibility of the Customer who wishes to deactivate his account to inform the Vendor by e-mail or registered letter with acknowledgement of receipt addressed to the Customer Service Department. The Vendor undertakes to deactivate the Customer's account within a maximum of seven (7) days from receipt of this letter.
4.2. Validation of the order by the Customer
The Customer places an order in accordance with the instructions given on the Site. A summary of all elements is displayed. The Customer validates the order by clicking on the "I have completed my order" icon. The simple fact of adding a product to the basket does not constitute validation of the order. Any order that has not been validated cannot be honoured.
The Vendor recommends that the Customer keep a record of data relating to his/her order on a reliable paper or computer medium.
4.3. Order confirmation by the Vendor
The Vendor confirms that the Customer's order has been taken into account by sending an automatic e-mail containing the essential characteristics of the product ordered, an indication of the price including VAT, and any difficulties or reservations relating to the order placed.
The Vendor may ask the Customer for proof of identity and address. If this is the case, the order will not be confirmed until such proof has been received and validated. Any delay in the transmission of this information may affect the delivery time of the order. Should the Customer fail to provide this information, the Vendor reserves the right to cancel the order and reimburse the Customer. If the order confirmation deadline is exceeded, the order will be cancelled.
The Vendor reserves the right not to confirm the order in the event of refusal to authorize payment by officially accredited bodies, non-payment of a previous delivery or a payment dispute in progress, a problem concerning the order received, an incomplete order, a foreseeable problem concerning the supply of the product, or in the presence of a withdrawal or recall procedure initiated concerning one or more of the products ordered.
The Vendor reserves the right to refuse or cancel any new order from a Customer with whom a dispute exists.
In such cases, the Vendor will inform the Customer by e-mail.
Failure by the Vendor to confirm an order within the time limit shall not be construed as confirmation and acceptance of the order.
Article 5. Payment
The customer explicitly acknowledges his obligation to pay when validating the order. By clicking on "pay to order", the customer acknowledges that placing an order implies payment. The sums collected are not considered as deposits or advance payments.
Only the means of payment described below are accepted on the Site:
5.1. Credit card
The Vendor accepts Carte Bleue, Visa and MasterCard. The customer enters his credit card details (card number, expiry date and cryptogram) on the day the order is validated, and payment is made once the order has been dispatched (excluding drops).
For first-time orders and/or in the event of random checks, the customer may be asked to validate the order by entering a 3D-SECURE code provided by the credit card holder's bank and sent by SMS, in order to validate payment.
5.2. Paypal
Customers may pay for their orders via their Paypal account. Simply choose the "Paypal" payment method when selecting the payment method, and tick the "I validate my payment method" box. The customer is redirected to the Paypal interface. The Paypal interface asks the Customer to identify him/herself before a summary of the order is displayed. The Customer validates the order summary. At this point, an order confirmation page appears with a new order number.
An e-mail is sent to the Customer to confirm the order and to send the resulting invoice.
5.3. Gift vouchers
You can pay for your order with a voucher or gift certificate, which must be inserted in the payment method. When choosing your payment method, you can select "Use voucher or gift certificate". The voucher or gift certificate can only be used once and cannot be combined with another voucher or gift certificate. If you forget to use a voucher or gift certificate, no claim will be accepted.
5.4. Default of payment
The customer guarantees the Vendor that the means of payment used is valid and not the result of a fraudulent transaction.
In the event of an order not being paid for in full or in part by the customer, the Vendor undertakes to inform the customer by e-mail and to ask him/her to remedy the situation.
In the absence of a response or solution before the delivery date of the order, the Vendor reserves the right to refuse to make a delivery, to honour an order, or even to cancel all orders in progress or to suspend the Customer's account.
The Vendor reserves the right to suspend any order or delivery in the event of refusal of authorization by financial organizations.
5.5. Securing means of payment
All banking transactions are carried out securely on the Site. The Vendor uses the HTTPS protocol of its service provider SumUp, which encrypts the information in order to protect all data linked to personal information and means of payment.
The information communicated when placing an order is not stored on the Vendor's servers.
To increase security, the Customer communicates this information with each new order.
The Customer can choose to activate the "one-click" option by checking the box "save my card for future orders". By checking this box, you agree to your credit card details being stored securely in your online account, so that you do not have to re-enter them for future orders. The customer's credit card details are not stored by the Vendor, but by its service provider SumUp.
In the event of fraudulent payment, in particular by means of stolen credit card numbers, the Vendor reserves the right to pass on to the law enforcement authorities any information relating to the fraudulently paid order, thus enabling the law enforcement authorities to intervene when the order is delivered.
5.6. Invoices
The invoice is issued for each order. It is not sent by e-mail, but is available in digital format on the Site in the "My account" section.
The customer may download and/or print the invoice. They may request a paper copy from Customer Services.
Validation of the order at the time of payment implies acceptance of payment of the VAT indicated when the order was placed.
Article 6. Delivery
6.1. General
Delivery of the order is carried out by third-party transport service providers appointed by the Vendor, hereinafter referred to as the Deliverer.
Products are delivered to the delivery address indicated by the Customer during the order process. The Customer undertakes to take delivery of the products at the address indicated on the order form. Delivery refers to the transfer to the Customer of physical possession or control of the goods.
It is the Customer's responsibility to check the accuracy of the information entered before validating the order (complete address as described in 4.1.1 herein). In the event of an error in the address details, the Vendor cannot be held responsible for the impossibility of delivering the order. Delivery charges incurred for this delivery will not be reimbursed to the Customer. The Customer may, however, contact the Canna Bio Customer Service Department by e-mail (the address of which is given in article 10. Customer Relations) or by using the site's contact form, available at the following address: https:// www.canna-bio.fr/contact/, choosing as the subject of the question: "a change of address". If the Customer's request is received less than two (2) working days before the order is due to be dispatched, the Vendor cannot be held responsible for the failure to correct this error in the delivery address. The Customer will be invoiced for the reshipment of the parcel to the correct address.
Orders are delivered in a single shipment. However, the Vendor reserves the right to split the customer's order into several shipments, at no additional cost to the customer.
The Vendor reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order, or with whom there is an outstanding payment dispute.
6.2 Terms of delivery
Delivery is made in the presence of the customer or any other person authorized to receive the goods. Delivery is made to the property line (or to the condominium if the delivery site is located in a condominium). The delivery person is not obliged to enter the customer's home when delivering the order.
It is the customer's responsibility to check prior to placing the order, in particular with regard to the product specifications in terms of size, weight and volume, that the products can be transported by the normal access routes to the place of delivery.
As the delivery is made by the post office's professional carrier, the delivery site must be accessible to the vehicles intended for this purpose (utility vehicles up to 20 m³), right up to the property or co-ownership boundary. In the event of non-accessibility by this type of vehicle, the Customer undertakes to collect the goods from an accessible collection point.
The Vendor reserves the right to refuse orders weighing more than 90 kg.
The Vendor reserves the right to refuse an order from a Customer who cannot provide proof of his delivery address, at the request of Customer Service or the Delivery Driver.
The Customer agrees to provide proof of identity in the event of a request from the Supplier, by means of a valid form of identification and, if necessary, by providing the order number.
If the Customer is unable to accept the order personally, it is the Customer's responsibility to appoint a third party with a power of attorney and a photocopy of the Customer's identity card.
No request for delivery of a parcel can be honoured if the above conditions are not met by the Customer.
In the event of delivery to the Customer's place of work, as the Supplier does not have access to the premises, the Customer shall take all necessary precautions to ensure that the Supplier is able to hand over the order and that the Customer is able to receive it.
The Vendor cannot be held responsible for the delivery of the order to a third party present at the delivery address declared by the Customer when validating the order.
The delivery of two (2) or more orders to the home of the same Customer (persons living under the same roof), on the same day, in the same delivery slot or in a different delivery slot from that chosen for the first order, will give rise to the invoicing of the same number of home delivery packages, unless expressly agreed otherwise by the Vendor's Customer Service Department.
Once the order has been delivered to the Customer at the address indicated and the delivery note has been signed by the Customer, the Vendor has fulfilled its delivery obligation. The Vendor therefore declines all responsibility in the event of subsequent loss or theft.
There will be no representation at the Customer's home of his delivery, due to his absence, the order is cancelled and reimbursed, less delivery charges.
6.3. Delivery charges
Delivery costs are calculated automatically and indicated when the delivery method is chosen.
The amount of the delivery costs varies according to the amount of the basket.
6.4. Receipt of products
The delivery time is chosen by the customer when placing the order and before its validation, according to a proposed schedule and time slots. The delivery date depends on product availability (which may vary according to each product) and the delivery method chosen. Due to the sensitive nature of refrigerated products, delivery can only be made to your home in order to guarantee the cold chain. Even in the case of orders without fresh products, delivery will be subject to the same conditions.
6.4.1. Home delivery
The Customer may choose delivery by carrier to the delivery address indicated by the Customer when placing the order. Delivery is made under tracked delivery.
During delivery, the Customer must be present.
On receipt of the parcel, the Customer checks the condition of the parcel before signing the delivery note, and may refuse any damaged parcel or product by noting on the delivery note "refusal for damage". However, if the carrier refuses to let the Customer open the parcel, or if the parcel has been given to a third party, the Customer is invited to report the incident, within 72 hours, by e-mail to the Vendor's Customer Service (whose address is given in article 10. Customer Relations) or by using the site's contact form, available at the following address: http:// www.canna-bio.fr/contact/. The Customer must indicate the order number concerned and attach a precise description of the condition of the damaged parcel or product.
The Customer undertakes to be present at the delivery address indicated on the day of delivery. He/she undertakes to sign the delivery note presented by the delivery person on which he/she expresses any precise and concise handwritten reservations concerning the products delivered.
The delivery note may be a paper document or an electronic medium kept by the Vendor as proof of delivery. By signing the delivery note, the Customer acknowledges receipt of the order. The list of items actually delivered appears on the invoice, which is available for six (6) months as a download from the www.canna-bio.fr website, under the heading "my account".
6.5. Dispute management and product returns
In the event of a dispute, the original packaging must be retained until the dispute has been resolved. The Vendor advises the Customer to inform Customer Service within a maximum of 24 hours of delivery.
In the event of an incident during delivery, the Customer is invited to contact the Vendor's Customer Service to indicate the damage that occurred during delivery. The Vendor recommends that the Customer confirm the incident within 24 hours by e-mail to the Vendor's Customer Service Department by e-mail (the address of which is given in article 10. Customer Relations) or by using the site's contact form, available at the following address: https://canna-bio.fr/contact/ . To this end, the Vendor's Customer Service Department will contact the Customer to establish possible ways of repairing the damage.
The Vendor undertakes to respond to all requests or complaints within a maximum of ten (10) days from the date of receipt thereof.
6.6. Delivery time
Except in the case of force majeure, fortuitous event or the act of a third party, the Vendor respects the delivery deadlines indicated to the Customer when the order is placed. In the event that delivery times cannot be met, the Customer will be automatically informed by the Vendor by any means, in particular by e-mail, SMS or telephone.
In the event of late delivery, the Vendor suggests that the Customer inform the Vendor of the delay by contacting Customer Service in order to agree on the best solution.
Article 7. Retention of title and transfer of risk
It is agreed that the products delivered and invoiced to the Customer remain the property of the Vendor until full payment has been received.
Failure to pay may result in the Vendor reclaiming the products. The above provisions do not preclude the transfer to the Customer of the risks of loss or deterioration of the products, as well as any damage they may cause.
Article 8. Right of withdrawal
Article 8. Right of withdrawal
Article L. 221-18 of the French Consumer Code states that the consumer has a period of fourteen (14) days from receipt of the products to exercise his or her right of withdrawal from a distance contract, without having to give reasons for his or her decision. Exception: In accordance with the provisions of article L. 221-28 of the French Consumer Code, you do not benefit from a right of withdrawal in the following cases: the Products are likely to deteriorate or expire rapidly, you have unsealed Products after delivery and they cannot be returned for reasons of hygiene or health protection
The Customer notifies the Vendor of his or her decision to withdraw by sending the withdrawal form (available under the heading "my account" and "make a return", as well as in the appendix hereto) or an unambiguous statement expressing his/her wish to withdraw, before the expiry of the aforementioned period, by e-mail (the address of which is mentioned in article 10. Customer relations) or by using the site's contact form, available at the following address: http:// www.canna-bio.fr/contact/.
In accordance with the provisions of article L. 221-28 of the French Consumer Code, you do not benefit from a right of withdrawal in the following cases: the Products are likely to deteriorate or expire quickly, you have unsealed Products after delivery and they cannot be returned for reasons of hygiene or health protection.
8.2. Conditions for returning products not subject to article L.221-28
The Vendor recommends that the Customer return the product(s) subject to retraction to the Vendor, without undue delay and, at the latest, fourteen (14) days following the date of communication of his decision to retract.
The product(s) must be returned in their original packaging(s), in good condition, accompanied by any accessories and documentation. They must be accompanied by the invoice and the duly completed retraction form.
The Vendor also recommends that the Customer return the product(s) in a special package that does not allow the product to be identified (postal parcel, bubble envelope, craft paper, etc.).
The product(s) must be in perfect condition for resale. Any product that is incomplete or damaged by the Customer as a result of handling other than that necessary to establish its nature, characteristics and proper functioning will not be reimbursed. The Vendor recommends that the Customer indicate the invoice number to which the products relate and the return number on the parcel.
The Customer shall bear the full cost of returning the goods if he exercises his right of withdrawal.
8.3. Repayment
Should the Customer exercise his/her right of withdrawal, the Vendor is obliged to reimburse all sums paid by the Customer no later than fourteen (14) days from the date of collection of the products or until the Customer has provided proof of shipment of the products. The date taken into account is that of the first of these events.
The Vendor will make the reimbursement using the same means of payment that the Customer used for the initial transaction, unless the Customer expressly agrees to a different means proposed by the Vendor.
A product that has benefited from a promotional advantage will be reimbursed at the price actually paid by the Customer.
The Customer is reminded that he/she bears the entire cost of returning the product if he/she exercises his/her right of withdrawal.
8.4. Exclusions from the right of withdrawal
In accordance with article L. 221-28 of the French Consumer Code, any right of withdrawal is excluded, in particular for products likely to deteriorate or expire quickly (fresh products, products removed from the cold chain, etc.), as well as for hygiene products unsealed by the Customer and which cannot be taken back for reasons of hygiene or health protection (epilators, underwear, razors, toothbrushes, etc.).
Article 9. Warranties
9.1. Legal warranty
The Vendor undertakes to provide the Customer with a good or service that complies with the Customer's request.
In any event, for tangible goods, the Customer may avail himself of the legal guarantee of conformity provided by the French Consumer Code, in particular articles :
- Article L.217-4 of the French Consumer Code: "The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his responsibility
- Article L.217-5 of the French Consumer Code: "The good conforms to the contract:
The Vendor also remains liable for any redhibitory defects in the item under the conditions set out in articles 1641 to 1648 paragraph 1 of the French Civil Code.
Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lesser price for it, had he been aware of them".
Article 1648 paragraph 1 of the French Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect".
Finally, it should be noted that article L.217-16 of the French Consumer Code stipulates that "when the purchaser asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer's request for service, or from the date the item in question is made available for repair, if this is subsequent to the request for service".
When the customer acts under the legal warranty of conformity, he has a period of two years from the date of delivery of the item in which to act. He may choose between repair or replacement of the good, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code. The customer is exempt from having to prove the existence of a lack of conformity during the twenty-four months following delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The customer may decide to invoke the guarantee against hidden defects in the goods sold, as defined in article 1641 of the French Civil Code. In this case, the customer may choose between rescinding the sale or reducing the purchase price in accordance with article 1644 of the French Civil Code.
Article 10. Customer relations
For any questions, information or complaints, the Vendor's Customer Service is available to the Customer
By e-mail: contact@cann-bio.fr Via the contact form www.canna-bio.fr/contact/
Article 11. Protection of personal data
WHO PROCESSES YOUR DATA?
The CANNA BIO association processes the data collected about you, and is responsible for the processing of personal data for all data collected about you in connection with the services offered by CANNA BIO.
FOR WHAT PURPOSES DO WE COLLECT AND PROCESS YOUR DATA?
CANNA BIO collects and processes your personal data for the purposes listed and detailed below:
First and foremost, they are used for customer relationship management purposes and to enable us to better interact with our customers, optimize the user experience and respond to customer requests and complaints.
These treatments include :
The possibility of creating an account, the management of your consents and authorizations concerning the use of your personal data in particular for the sending of newsletters and commercial solicitations by electronic means, Enable you to benefit from CANNA BIO services, order products and services, track your orders and invoices, subscribe to newsletters, etc. Acknowledge your status as a loyalty customer, if you wish to indicate this to CANNA BIO, and if this information is requested. Please note that the use of your personal data by the CANNA BIO loyalty program is subject to conditions of use specific to the loyalty program. collecting your comments and opinions; managing communications and monitoring our exchanges, particularly in the event of disputes (in particular via the customer service department, accessible for example by telephone or by chat-type instant messaging. These exchanges may be recorded for the purpose of improving the service), managing your requests to exercise your rights of access, rectification and opposition, in accordance with the regulations governing personal data; management of the risk of fraudulent use of your data or of the services to which you have access via CANNA BIO; depending on the results of checks carried out, CANNA BIO may take any measures it deems useful to secure your data and our information systems used for the purposes of using CANNA BIO, as well as to defend its interests. If necessary, these measures may lead to the suspension of your access to CANNA BIO and your online account. the management of product recalls initiated by suppliers or the sending of various related information or documents; to establish analyses or statistics in response to surveys or requests carried out by public interest bodies, or administrative or judicial authorities (e.g. in the event of a food risk), to trace and administer evidence that CANNA BIO must provide in application of its legal or regulatory obligations or for needs related to the management of litigation (e.g.: necessary evidence concerning the exercise of your rights, evidence relating to your orders) the management of any disputes, in particular relating to the recovery of sums you may owe us, and the management of payment incidents, to comply with our legal or regulatory obligations applicable to CANNA BIO's activity (e.g. to respond to requests from the tax authorities).
Your data may also be used to carry out operations relating to commercial prospecting, or studies intended to improve customer knowledge and the services that CANNA BIO can offer its customers. Your data may thus be used, in compliance with any required authorizations that you may have given us:
to send you personalized or non-personalized promotional messages or advertisements, by post or electronically, including mobile notifications, depending on your profile, to analyze your use of the services (in particular your online browsing and your reactions to e-mails), so that we can get to know you better, assess the interest represented by the Services offered as well as the messages we send you and propose offers, content and services adapted to your profile; these analyses will be carried out in compliance with any authorizations you may have given us, in particular in the event of the use of cookies or other tracers.
For commercial prospecting operations linked to profiling and based on the consent of the person concerned by the processing, the latter may withdraw his/her consent at any time, on the understanding that this will not call into question the lawfulness of the processing carried out prior to this revocation.
Your data may be used to carry out technical operations related to the processing of your personal data, for the purposes set out herein. This includes:
technical operations related to address rectification ; the allocation of a digital identifier linked to your data, so that we can interact with you via various digital communication media (websites and mobile applications, social networks) including to send you targeted advertising, technical, organizational or cybersecurity operations related to the detection of anomalies and the security of your data and of our information systems from which your data is processed.
WHY IS YOUR PERSONAL DATA PROCESSED?
Your data may be processed for one or more of the following purposes:
because it is necessary to provide CANNA BIO services. within the framework of any agreement you may have made, for example to enable us to communicate with you about our offers and products or those of third-party advertisers; in respect of the interests, freedoms and fundamental rights of persons registered with CANNA BIO services, because this is necessary to enable us or our partners to pursue our legitimate interests, such as building customer loyalty, optimizing our relationship with our customers, getting to know them better and promoting our products and services to them, combating fraud and defending ourselves in the event of litigation.
WHAT DATA DO WE COLLECT?
CANNA BIO processes data from :
your registration: data appearing on the subscription form such as your surname, first name, date of birth, contact details the use of CANNA BIO services such as your purchases, whether made directly with CANNA BIO or via CANNA BIO: data enabling you to be identified and authenticated (connection logs, IP address), data relating to purchases, places and times of orders and purchases, your browsing on the site, dates and times of consultation of the site, location data; sites and mobile applications published by entities outside CANNA BIO: information relating to browsing or advertising sent to you; social networks such as facebook, instagram; data may be exchanged between CANNA BIO and social networks, for example when you are connected to the facebook social network on your computer and you consult a page on the CANNA BIO site. Similarly, if you click on the instagram button on a page of the CANNA BIO site, instagram will collect this information. If you do not wish such exchanges, we recommend that you disconnect from social networks before consulting the CANNA BIO site. Data concerning you may be transmitted to us by third parties, such as your postal or e-mail address, or data relating to your profile, which will be included in our databases. These third parties will have collected your data fairly and obtained any required consent prior to any transmission to CANNA BIO. We may also have access to open data.
With the exception of data from open data, other data is not accessible to the public.
Data may be collected directly from you or through the use of CANNA BIO services, or it may come from other group entities or possibly from our partners or third parties.
The data collected is essential to enable CANNA BIO, their service providers and/or partners to provide the services offered via CANNA BIO, to enable us to get to know you better and interact with you, to offer a facilitated relationship with the CANNA BIO ecosystem, or to send you, us or our partners, content adapted to your profile and your areas of interest.
WHO MAY ACCESS YOUR DATA?
To achieve the purposes described above and within the limits necessary for the pursuit of these purposes, your data may be transmitted to some or all of the following recipients:
authorized CANNA BIO staff (e.g. marketing, research and analysis, consumer panels, customer service, legal affairs, accounting and tax, IT and information systems security); payment service providers and service providers for the collection of any sums you may owe, CANNA BIO's service providers and subcontractors (e.g. IT service providers, advertising service providers); advertisers or partner brands, but in this case the latter have no direct or indirect access to your personal data and only data linked to your profile, without it being possible to identify you directly or indirectly, may be used for these advertisers administrative or legal authorities, where necessary to comply with our legal obligations or to enable us to defend our rights and interests.
LIMITING THE RETENTION PERIOD OF YOUR DATA
The data we collect about you will be kept for the time required to fulfill the above purposes, plus the statutory limitation period.
Your account data (registration) will be kept for the duration of your membership. It may then be stored and processed for a period of 3 years following your last contact with us, to enable us to send you marketing communications.
Your personal data may be stored for a longer period in order to comply with specific legal obligations or to comply with applicable legal statutes of limitation. For example, data may be kept for :
6 years for tax documents ; 10 years for accounting documents; for the duration of litigation and until all avenues of appeal have been exhausted.
Finally, in the event of the data subject exercising his or her rights, data relating to identity documents may be kept for the applicable legal limitation period, i.e. for a maximum of 3 years.
HOW IS YOUR DATA SECURED?
CANNA BIO takes into account the nature of the personal data and the risks presented by the processing in order to implement the appropriate technical, physical and organizational measures to preserve the security and confidentiality of personal data and prevent it from being distorted, damaged or accessed by unauthorized third parties.
CANNA BIO chooses subcontractors or service providers who offer guarantees in terms of quality, security, reliability and resources to ensure the implementation of technical and organizational measures, including those relating to the security of processing. Subcontractors and service providers undertake to respect levels of confidentiality at least identical to those of CANNA BIO.
IS YOUR DATA PROCESSED OUTSIDE THE EUROPEAN UNION?
The various categories of data collected and processed may be transmitted to service providers located in countries outside the European Union, such as Morocco, or for IT services or data processing in connection with social networks.
To ensure the security of transfers outside the European Union, our subcontractors sign with CANNA BIO, for example, either standard clauses defined by the European Commission in order to control data flows, or are subject to binding internal rules by the authorities controlling the protection of personal data, or are located in a country with legislation offering adequate protection.
WHAT ARE YOUR RIGHTS?
In accordance with the regulations on the protection of personal data, you have the right to information, as well as the right to access, rectify and delete your personal data (except where this is necessary for the performance of our contract, or where it is necessary for us to comply with our legal obligations or to establish or exercise our rights), as well as the right to define directives concerning the fate of your data after your death. It is hereby specified that CANNA BIO may request payment of a reasonable fee based on administrative costs for any copy of the data in addition to the one provided to you.
You also have a right to obtain the restriction of processing and a right to the portability of any data you may have provided, which will apply in certain cases. In addition, you may ask to exercise your right to object, on grounds relating to your particular situation, to the processing of personal data concerning you where the processing is based on the legitimate interests of the controller, including profiling. In the event of the exercise of the right to object, CANNA BIO will cease the processing, unless there are compelling legitimate grounds for the processing which override the interests and rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims. You may also object to any processing linked to canvassing (including profiling linked to such canvassing), or withdraw your consent at any time, in cases where you have been requested to do so (withdrawal of your consent will not affect the lawfulness of the processing carried out prior to withdrawal of consent).
CANNA BIO wishes to inform you that failure to provide or modify your data may have consequences for the processing of certain requests within the framework of the execution of the services and that your requests to exercise your rights will be kept for follow-up purposes.
To exercise your rights, simply write to:
- By e-mail: contact@canna-bio.fr, indicating your surname, first name, e-mail address and, if possible, your customer reference number. In accordance with the regulations in force, your request must be signed and accompanied by a photocopy of an identity document bearing your signature, and specify the address to which the reply should be sent. A reply will be sent to you as soon as possible.
Should we fail to respond to your requests in a way that satisfies you, you may also lodge a complaint with a supervisory authority (in France the CNIL 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07. Tel: 01 53 73 22 22).
Article 12. Cookie management
12.1. The use of cookies during your visit to our Site
To enable Site customers to benefit from the services offered by the Site, such as consultation, registration for the services offered, video playback, etc., to optimize its use and to personalize it (in particular personalization) according to the user, the Site uses Cookies.
Unless the Customer decides to deactivate cookies, he accepts that the Site may use them. They may deactivate these cookies at any time, free of charge, using the deactivation options described below, bearing in mind that this may reduce or prevent access to all or part of the Services offered by the Site.
12.2 Cookies: definition and usefulness
When the Site is consulted, information relating to the browsing of the customer's terminal (computer, tablet, smartphone, etc.) on the Site may be recorded in text files called "Cookies", installed on the customer's browser. Cookies are used to recognize the customer's browser for the duration of the validity of the cookie concerned.
Only the issuer of the cookie concerned is likely to read or modify the information contained therein.
Some cookies are essential for use of the Site, while others are used to optimize use of the Site and personalize the content displayed:
To measure and analyze the number of visitors to and use of the Site, its sections and the Services offered, enabling us to carry out studies and improve the interest and ergonomics of the Site and the Vendor's Services, To memorize the display preferences of the customer's browser (language used, display parameters, operating system used, etc.) and to adapt the presentation of the Site during visits, according to the hardware and software for viewing or reading that the customer's terminal contains and that are used for browsing the Site. To memorize information relating, for example, to a form that the Customer has filled in or to a service (registration, access to your account) or information that the Customer has chosen (services subscribed to, contents of their basket). To enable the Customer to access reserved areas of the Site or of the Vendor's Services, such as your personal account, by means of identifiers or personal data concerning the Customer previously communicated, enabling him/her, where applicable, to access personalized content, To implement security measures, Limit the number of advertisements displayed, adapt the advertising content inserted on the Site to the Customer's centers of interest and, where applicable, to a locality (e.g.: list of nearest stores), To adapt and send personalized advertising specifically intended for the customer by means of electronic canvassing or by display on your terminal within advertising spaces containing cookies issued by the Vendor. This is made possible by the personal data provided by the Customer, in particular when registering or accessing and using one of the Vendor's services, to which the Cookies issued by the Vendor are linked. When the Customer accesses a third-party site containing advertising spaces displaying one of the Vendor's advertisements, this advertisement may be sent to the Customer via recognition of one of the Cookies that the Vendor has previously deposited on the Customer's browser. These cookies may be set and used by technical service providers.
12.3. Cookies placed by a third party on areas of the Site
The Site may contain Cookies issued by third parties (advertising agencies, audience measurement companies, targeted advertising service providers, etc.) which, during the period of validity of their Cookies :
to collect browsing information relating to browsers consulting the Site, to determine the advertising content likely to correspond to the Customer's centers of interest in order to send him targeted advertising, based on his browsing history collected by the third party.
At any time, customers may prevent the collection of information concerning them via these third-party cookies, by clicking on the corresponding links (see article 12.6. Management and use of cookies).
The issue and use of cookies by these companies are subject to their own conditions of use.
12.4. Cookies embedded in third-party applications on the Site or Services
The Vendor may include third-party applications on its Site that enable it to share Site content with other people, or to inform these other people of the Customer's consultations or opinions concerning Site content. This is notably the case with "Share" and "Like" buttons from social networks such as Facebook, etc.
The social network is likely to identify the Customer thanks to this button, even if the Customer has not used it when consulting the Site. This type of application button may enable the social network concerned to track browsing on the Site, simply by virtue of the fact that the social network account is activated on the Customer's browser (open session) during browsing on the Site.
The Vendor has no control over the process used by social networks to collect information relating to the Customer's browsing on the Site and associated with the personal data they hold. The Vendor recommends that the Customer consult the terms and conditions governing the use of his or her data by these social networks in order to ascertain the purposes for which they may use the browsing information they may collect via these application buttons, in particular for advertising purposes. Customers should ensure that the conditions of use of these social networks allow them to control and restrict the use of their data by these networks, in particular by configuring their user accounts with these networks.
12.5. Sharing the use of your terminal with others
If the Customer's terminal is used by several people, and when the same terminal has several browsers, the Vendor cannot be certain that the services and advertisements intended for the Customer's terminal correspond to the Customer's own use of this terminal and not to that of another user of this terminal.
The sharing with other people of the use of your terminal and the configuration of your browser's parameters with regard to Cookies are the Customer's free choice and responsibility.
12.6 Managing and using cookies
The Customer may manage and modify the use of cookies at any time, in accordance with the options described below.
The settings made by the Customer are likely to modify the Customer's Internet browsing experience and the conditions of access and use of certain Site services that require the use of cookies.
The Customer may thus manage his cookies:
from your browser, or inter-professional platforms, or when offered from a link in the list below.
Please note: a cookie is used to take account of the customer's unsubscription. Consequently, if the Customer deactivates all cookies on his/her terminal, or if he/she changes the terminal, the Vendor will no longer know that the Customer has chosen this option.
1) Browser-based cookie management: customers can configure their browsers so that cookies are stored in their terminal or rejected, either systematically or depending on the sender.
To find out how to manage cookies stored in the browser, customers are invited to consult their browser's help menu, as well as the "Your traces" section of the CNIL (Commission Nationale de l'Informatique & des Libertés) website http://www.cnil.fr/vos-libertes/vos-traces/les-cookies/.
2) On-line cookie management from inter-professional platforms: the Customer may also log on to the Youronlinechoices website http://www.youronlinechoices.com/fr/controler-ses-cookies/, for example, offered by digital advertising professionals grouped together within the European Digital Advertising Alliance (EDAA) and managed in France by the Interactive Advertising Bureau France, or any other platform offering this type of service.
This enables the user to find out which companies have registered with this platform or other platforms offering this service, and which offer the possibility of refusing or accepting the Cookies they use to adapt, depending on what they collect, the advertisements likely to be displayed on the user's browser.
This European platform, ouronlinechoices.com, is shared by hundreds of Internet advertising professionals, and constitutes a centralized interface enabling the user to express his refusal or acceptance of Cookies as specified above.
This procedure will not prevent the display of advertisements on websites visited by the Customer. It only blocks technologies that allow ads to be tailored to your centers of interest.
Article 13. Intellectual property rights
The texts and graphic elements, their assembly on the Site, and the Site itself are the exclusive property of the Vendor and are protected under the applicable copyright legislation. The logos and distinctive signs of the Vendor are protected under trademark law.
Any deterioration of the elements present on the Site or of the Site, as well as, in the absence of express authorization, any reproduction, downloading, copying, modification, commercial use, total or partial, of the various elements of the Site are prohibited and expose their author(s) to legal action.
The General Terms and Conditions of Sale do not authorize under any circumstances the reproduction, modification or commercial use of the various elements of the Site.
By accessing this Site, the Vendor grants a license to use the following conditions:
a private, personal and non-transferable right to use the content of the Site or any of its component parts, a right of reproduction for storage for the purpose of reproduction on a single-user screen, in one copy, for back-up or hard copy, any use of documents from the Site must mention the source.
Any other use is prohibited, in particular use for commercial purposes, use in a network, repeated and systematic extraction of elements from the site in contravention of the provisions of the Law of July 1, 1998, concerning the legal protection of databases.
Any use of the Site contrary to the provisions of this article constitutes an infringement of copyright, for which the person committing such an infringement ("Infringer") may be held liable. Civil and criminal penalties may be imposed on any infringer.
Article 14. Liability
14.1 General information
The detailed product sheet is the only contractual source.
The Vendor may be exonerated from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure (as defined in article 15 hereof).
The fact that one of the Parties does not avail itself of a failure by the other Party to fulfil any of its obligations hereunder shall not be construed as a definitive waiver by the non-defaulting Party of the obligation in question.
14.2. Operation and use of the site
The Vendor is only bound by an obligation of means with regard to the operation and continuity of the Site. The Vendor cannot guarantee that it will function without interruption.
The Customer accepts that the Vendor cannot be held responsible for any interruptions or slowdowns of the Site, or for any related damage:
fraudulent intrusion or maintenance of the Site by a third party, or the illicit extraction of data, despite the implementation of security measures in line with current technology, with regard to known security techniques. an interruption in the supply of electricity or transmission lines due to public or private operators; access speeds to the Site, particularly from other Internet sites, opening and consultation speeds of Site pages, external slowdowns, suspension or inaccessibility of the Service, fraudulent use by the Customer or third parties of any information made available on the Site, events due to force majeure, administrative authorities or third parties, as defined by jurisprudence, and in particular the public or private Internet network, which may result in the suspension or termination of the Service, if the service offered by the Site proves incompatible or malfunctions with certain software, configurations, operating systems or equipment used by you.
The Customer is solely responsible for the use of the service offered by the Site and for the information or content accessed.
The Site reserves the right, without prior notice or compensation, to temporarily or permanently discontinue any or all of the services offered from the Site.
It is the Customer's responsibility to protect his or her technical equipment, in particular against any form of contamination by viruses and/or attempted intrusion, and to make any and all backups of his or her data, for which the Site cannot be held responsible.
The Site reserves the right to make any modifications and improvements it deems necessary or useful.
The Site may contain hypertext links to other Internet sites, which are subject to their own rules of use, particularly concerning the use of the Customer's personal data. Customers are advised to take note of the rules governing the use of these sites, and in particular those applicable to their personal data. The Site makes no representations or warranties whatsoever about any other Internet sites to which the Customer may have access via the Site, in particular as regards their content, operation, access and use of the Customer's personal data.
The creation of hypertext links, deep or otherwise, to the Site is strictly prohibited.
14.3. Illegal content/Good morals
Any action by the Customer which is intended to restrict or prevent another customer from using or enjoying the Site is strictly prohibited. The Vendor reminds you that the Customer may only use the Site for lawful purposes and that it is forbidden to publish or transmit via the Site any illicit, prejudicial, defamatory, pornographic, hateful, racist or otherwise offensive material. Should the Vendor be informed of the presence of illicit content on the Site, he shall be entitled to remove such content immediately. The Seller also reserves the right to take all necessary measures to enforce its rights. The Seller is entitled to carry out electronic surveillance of the documents displayed and the public areas of the Site to verify their compliance with the above requirements.
It is also forbidden to collect or store personal information about other customers.
The Vendor reserves the right not to honor orders that contravene public order or morality.
Article 15. Force majeure
Force majeure events are those which, unforeseeable and irresistible, make it absolutely impossible to perform the sales contract under the conditions stipulated.
All events of force majeure, as defined by regulations and case law, constitute a cause for suspension or extinction of the Vendor's obligations, if the event lasts longer than one (1) month. The Vendor shall not be held liable for non-performance of the contract entered into in the event of the occurrence of one of the aforementioned events.
Article 16. Applicable law/Claims, mediation and disputes
The General Terms and Conditions of Sale are governed by French law, unless otherwise provided by law.
In the event of a dispute, the Customer may first contact the Vendor's Customer Service Department to seek an amicable solution.
In the absence of an amicable agreement between the Parties, the dispute will be submitted to the French courts, unless otherwise provided by law.