Terms and conditions
These general sale terms and conditions apply without limitations or reservations to any and all online sales Agricool offers on its website www.agricool.co (hereinafter referred to as the “Website”).
Agricool sells fresh fruits and vegetable produce (hereinafter referred to as: “the Products“) to Buyers (hereinafter referred to as: “the Buyers“), either as a one-off purchase or upon subscription.
The purpose of these General Terms and Conditions is the define the Terms and Conditions of sale and delivery of the Products, as well as to define the parties’ rights and obligations pursuant to the sales contract. They are accessible and can be printed at any time from a direct and permanent link on the Website.
They prevail over any other general or specific terms and conditions, including those governing sales which have not been previously agreed upon by Agricool. They may be completed by sales or use terms and conditions for specific Products or services that carry out these Terms and Conditions and accordingly prevail over the latter should such provisions conflict.
The Products may be purchased from the following countries: France.
2. SELLER’S IDENTITY AND CONTACT DETAILS
The Website is published and operated by Agricool, a simplified joint-stock company with share capital of 174.40 euros, registered in the Bobigny RCS under the number 813 538 691, VAT number FR55813538691, that sells the Products (hereinafter referred to as: “the Company”).
The Company’s contact details are the following:
Email address : email@example.com
Website host : Zeit, Inc. 1046 KEARNY STREET
SAN FRANCISCO CA 94133
3. AGREEING TO THE GENERAL TERMS AND CONDITIONS
The Buyer states, prior to placing the order, that he/she has full legal capacity to comply with these General Terms and Conditions.
Agreeing to said Terms and Conditions is depicted by a checkbox to tick on the order form. The Buyer must give its full and unreserved agreement. Should the Buyer agree with any reservation, the said agreement shall be deemed null and void. The Buyer who refuses to comply with these Terms and Conditions must not place an order on the Website.
4. PRODUCT CHARACTERISTICS
Before placing an order, the Buyer is strongly advised to read all information about the products and production methods on the Website for each Product the Buyer wishes to order. The Company cannot be held liable and shall not refund any Product in case of allergies to any of the ingredients displayed on the Website.
Labels and advertisements for all the Products sold comply with the laws and regulations applicable on the French territory and with EU legislation.
The company recommends the Buyer strictly follow the advice regarding the use as well as the contraindications and precautions for use for the Products as displayed on the Website.
The photographs, representations and descriptions of the Products on our Website are as accurate as possible. The Company shall not be held liable for any information not specifically set forth.
5.1 PLACING AN ORDER
To place an order, the Buyer must select the Products he/she has chosen and add them to the basket.
The Buyer can access the shopping list at any time until the order is confirmed and may correct any possible mistake on the list of items.
To order, the Buyer is asked to provide his/her contact details for deliveries and invoices. The Buyer must provide any information marked as compulsory on the order form. Any order for which any compulsory information is missing cannot be confirmed.
The Buyer warrants that all the information provided in the order form is true, accurate, up-to-date and is in no way misleading.
The Buyer is duly informed and accepts that said information constitutes proof of identity and is binding upon the confirmation of the order.
5.2 ORDER CONFIRMATION
Upon completing the order, the Buyer receives an order confirmation email.
The Buyer must make sure that the contact details provided upon placing the order or updating the Account are accurate and that they allow the Buyer to receive the confirmation email for that order. Should the Buyer not receive the confirmation email, the latter should contact the Company using the contact information provided in article 2 herein.
The Buyer is strongly advised to keep the information provided in the order confirmation.
The order and its conformation are deemed to have been received as soon as the parties to whom they are addressed have access to them.
6. PRICE AND TERMS OF PAYMENT
Prices for online orders are displayed on the Website.
They are given in euros, and include tax (French VAT and other applicable taxes).
They do not include the potential additional delivery fees which will be added to the price of the purchased Products. The applicable delivery fees for the order will be displayed before the Buyer confirms the order.
6.2 TERMS OF PAYMENT
The Buyer shall pay the whole price of the Products and shipping fees upon placing the order. Payment may be made online by credit or debit card or any other means allowed on the Website at the time the order is placed.
The Buyer guarantees that he/she has the necessary permissions to use the chosen means of payment.
The Company is entitled to suspend or cancel any order and/or delivery if the Buyer fails to pay any outstanding amount, if there is an incident upon paying or in the event of fraud or an attempt thereof.
Penalties that amount to one and a half (1.5) times the official French legal interest rate apply as of right to the outstanding amount immediately after the refusal of the bank payment was notified.
6.3 RETENTION OF TITLE
The Company remains sole owner of any Product sold until the price has been paid.
7. RIGHT OF WITHDRAWAL
Pursuant to L. 121-21 or the French Consumer Code, the Buyer has no withdrawal period, the products purchased being perishable.
As labels clearly state the presence or absence of allergens, the Company shall not be held liable for the Buyer’s mistake on potential intolerances or allergies. Intolerances or allergies shall therefore not constitute grounds for any reimbursement after expiration of the legal right of withdrawal.
No order may be canceled outside of the terms set forth in the right of withdrawal as defined herein.
8. LEGAL WARRANTIES
The Buyer benefits from the legal guarantees of non-conformity as well as from the hidden defects of the sold item.
If the Buyer finds that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform the Company at the contact details mentioned in Article 2 hereof, indicating the nature of the defect, non-conformity or damage found.
The Company will organise with the carrier of its choice the terms and conditions of the return, of which it will inform the Buyer by any useful means. The Company will bear the costs of this return.
The Products must imperatively be returned to the Company in their original packaging, with all their accessories. They must be accompanied by a copy of the corresponding purchase invoice.
Product returns that do not comply with the terms and conditions described above shall not be taken into account.
The Company will carry out the necessary checks and will propose to the Buyer the repair or replacement of the Product if possible.
If the repair or replacement of the Product is impossible, the Company will offer the Buyer a full refund of the price paid for the Product as well as the related delivery costs. The Buyer will receive the refund as soon as possible and at the latest within 15 (fifteen) days following the date on which the Company has informed the Buyer that it is impossible to repair or replace the Product.
9.1 The Company undertakes to regularly monitor the performance and availability of the Website. Accordingly, the Company is entitled to momentarily suspend the Website for maintenance purposes. Similarly, the Company shall not be held liable in the event that access to the Website becomes temporarily difficult or impossible due to any reason beyond the Company’s control, force majeure or any disruptions on the telecommunication network.
Any user is solely responsible for his/her connection to the Website. The Buyer must take all necessary precautions to protect his/her personal data and/or software stored on his/her electronic devices from any threat.
9.2 The Company does not guarantee that the Products suit the Buyer’s needs or expectations, particularly with regards to the Buyer’s tastes or constraints
9.3 The Company does not warrant that using the Products will have specific results or effects.
9.4 The Company shall not be held liable for any delays or failure to perform the agreement in the event of force majeure, of disruptions or strikes – regardless the extent of the strikes – particularly in postal services, carriers or communication services.
In any event, the Company’s liability pursuant to these Terms and Conditions is strictly limited to the actual direct damages the Buyer has incurred.
10. INTELLECTUAL PROPERTY
The Products as well as the systems, software programs, structures, databases and content of any kind (texts, images, visual materials, music, logos, brand, databases, etc.) the Company uses as part of its Website are protected by all intellectual property provisions or rights applicable to database producers. Disassembling, decompiling, decryption, extractions, re-use, copies and, more broadly, any reproduction, representation, broadcasting and use of any of said items, as a whole or parts thereof, without the Company’s permission are strictly prohibited and may be grounds for legal proceedings.
11. PROHIBITED BEHAVIOR
11.1 The following are strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusion or attempted intrusion into the Company's systems, (iii) any diversion of the Site's system resources, (iv) any action likely to impose a disproportionate burden on the Site's infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to infringe the financial, commercial or moral rights and interests of the Company or the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed, and finally more generally (viii) any breach of these general terms and conditions or of the laws and regulations in force.
11.2 It is likewise strictly forbidden to monetize, sell or concede all or part of the access to the Site, as well as to the information it contains.
11.3 In the event of failure to comply with any of the provisions of this article or, more generally, of violations of laws and regulations, the Company reserves the right to take all appropriate measures and take any legal action.
12. PERSONAL DATA
It is the Company’s policy to protect personal data as set forth in the document entitled “Charter on the protection of personal data” that users can access on the “Confidentiality” page of the Website. The Buyer is strongly advised to read through the document.
The Company is entitled to embed any advertising or promotional message on the Website and only the Company shall decide on the conditions and aspect thereof.
14. LINKS AND THIRD-PARTY WEBSITES
In no event shall the Company be held liable for the technical availability of third-party websites or applications (including that of partners’) the Buyer may access from the Website.
Furthermore, the Company shall not be held liable for the transactions between the Buyer and an advertiser, whether it be a professional advertiser or a business (including any potential partner) the Buyer may be led to via the Website and shall not, in any event, be party to any dispute with said third party regarding, for instance, the delivery of products and/or services, warranties, statements or any of the third party’s obligations.
The Company reserves the right to modify these general terms and conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of validation of the order by the Buyer.
In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation shall be the French language in the event of a contradiction or dispute as to the meaning of a term or provision.
17. APPLICABLE LAW AND JURISDICTION
The present general conditions are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to judge them, unless mandatory procedural rules to the contrary exist.
Agricool.co respects the French laws on privacy protection.
In accordance with the Data Protection Act n°2019-536 of 30 may 2019 you can at any time modify or delete information related to your registration. This information about you being confidential, Agricool undertakes to protect them. You have the right to access, modify, rectify and delete data concerning you (art. 34 of the law "Informatique et Libertés"). You can exercise this right directly by contacting us at the following address: firstname.lastname@example.org.
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20. ENTRY INTO FORCE
These general terms and conditions came into force on 28/06/16.