GENERAL TERMS AND CONDITIONS OF SALE

Effective from 01/05/2023

ARTICLE 1 – Scope of application

These General Terms and Conditions of Sale (known as the “T&Cs”) apply, without restriction or reservation, to all sales concluded by the Seller to non-professional buyers (“the Customers or the Client”), wishing to acquire the products offered for sale (“The Products”) by the Seller on the www.mypot.fr Site
The Products offered for sale on the site are as follows:

CBD & Derived Products

The main characteristics of the Products, and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the www.mypot.fr website, which the customer is required to read before ordering.
The choice and purchase of a Product is the sole responsibility of the Customer.
The offers of Products are understood to be within the limits of available stocks, as specified at the time of placing the order.

These T&Cs are accessible at any time on the www.mypot.fr website and will take precedence over any other document.

The Client declares that he/she has read these T&Cs and has accepted them by ticking the box provided for this purpose before implementing the online ordering procedure on the www.mypot.fr website.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Client.

The Seller’s contact details are as follows:
My Pot
883 Route du terme,
82370 Nohic
Registration number: 947 798 997
Email: info@mypot.fr

The Products presented on the www.mypot.fr website are offered for sale in the following territories: Europe.

In case of order to a country other than metropolitan France, the Customer is the importer of the Product or Products concerned.
For all Products shipped outside the European Union and French overseas territories, the price will be calculated automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of the Client.

ARTICLE 2 – Prices

The Products are supplied at the current prices set out on the www.mypot.fr website, when the order is placed by the Seller.
Prices are expressed in Euros including VAT.
The prices take into account any discounts that may be granted by the Seller on the website www.mypot.fr
These prices are firm and cannot be revised during their validity period, but the Seller reserves the right, outside the validity period, to modify the prices at any time.

The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced extra, under the conditions indicated on the website and calculated before the order is placed.
The payment requested from the Customer is the total amount of the purchase, including these fees.
An invoice is drawn up by the Seller and given to the Client upon delivery of the Products ordered.

ARTICLE 3 – Orders

It is the Client’s responsibility to select on the www.mypot.fr site the Products they wish to order, according to the following methods:
The customer chooses a product that they put in their cart, they can then modify their cart by deleting items. Following this, they have the option of creating a customer account (no obligation) or placing the order directly. This implies that he/she accepts these general terms and conditions of Sale.
They are then redirected to the secure online payment system to proceed with the payment. They will then receive a message confirming their order.

Product offers are valid as long as they are visible on the site, while stocks last.
The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to report any errors immediately.
Any order placed on the www.mypot.fr site constitutes the formation of a contract concluded at a distance between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be informed of the progress of his order by email.

Any cancellation of the order by the Customer after it has been accepted by the Seller will only be possible within 48 hours at the latest after acceptance of the order by the Seller and as long as delivery has not taken place (regardless of the provisions relating to the application or not of the statutory right of withdrawal).

ARTICLE 4 – Terms of payment

The price is paid by secure payment in the following ways:

  • Payment by credit card
  • payment by bank transfer to the Seller’s bank account (whose details are communicated to the Client when placing the order)

The full price is paid by the Client, while the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the www.mypot.fr site.

Payments made by the Client will only be finished after the Seller has actually collected the sums due.
The Seller will not be obliged to deliver the Products ordered by the Client if the Client does not pay the full price under the conditions indicated above.

ARTICLE 5 – Deliveries

The Products ordered by the Customer will be delivered in metropolitan France or in the following areas: Europe.
Upon receipt of payment, shipments will be made within 72 hours to the address indicated by the Client when placing an order on the website. The average delivery time for Orders placed on the Site is between 1 and 2 weeks from shipment. Orders placed on Friday and weekends are processed and shipped the following Monday.
Delivery is constituted by the transfer to the Client of physical possession or control of the Product. Except in special cases or the unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Client within the deadlines specified above.

If the Products ordered have not been delivered within 5 working days after the indicative delivery date, for any reason other than force majeure or the act of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Client will then be reimbursed to the Client no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.

In the event of a specific request from the Client concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to an additional specific invoice, on the basis of a quote previously accepted in writing by the Client.
The Client is responsible for checking the condition of the delivered products. They have a period of 14 days from the date of delivery to make complaints by email, accompanied by all the relevant supporting documents (pictures in particular). After this period and in the absence of compliance with these formalities, the Products will be deemed to be compliant and free of any apparent defect and no claim can be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the lack of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these T&Cs.

The transfer of risks of loss and damage will only take place when the Customer takes physical possession of the Products. The Products travel at the Seller’s own risk except when the Client has chosen the carrier himself. As such, the risks are transferred at the time of handing over the goods to the carrier.

ARTICLE 6 – Transfer of ownership

The transfer of ownership of the Products from the Seller to the Client will only be carried out after full payment of the price by the customer, regardless of the date of delivery of the said Products.

ARTICLE 7 – Right of withdrawal

In accordance with the terms of Article L221-18 of the French Consumer Code, “
In the case of contracts for the regular delivery of goods for a defined period of time, the period runs from the date of receipt of the first goods. »
The right of withdrawal may be exercised online, using the attached withdrawal form and also available on the site or any other unambiguous statement expressing the desire to withdraw and in particular by post addressed to the Seller at the postal or email addresses indicated in ARTICLE 1 of the T&Cs.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be returned.
Return shipping costs are the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt, by the Seller, of the Products returned by the Client under the conditions set out in this article.

ARTICLE 8 – Seller’s liability – Guarantees

The Products supplied by the Seller benefit from:

  • the legal guarantee of conformity, for Products that are defective, damaged or damaged or do not correspond to the order,
  • the legal warranty against hidden defects resulting from a defect in material, design or workmanship affecting the products delivered and rendering them unfit for use,

Provisions relating to legal guarantees
Article L217-4 of the French Consumer Code
‘The seller shall be required to deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Article L217-5 of the French Consumer Code
‘The property complies with the contract:

  1. If it is fit for the use normally expected of similar property and, if applicable:
    – whether it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
    – whether it has the qualities that a buyer can legitimately expect in the light of public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
  2. Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »

Article L217-12 of the French Consumer Code.
‘The action resulting from the lack of conformity shall be time-barred after two years from the date of delivery of the goods.’


Article 1641 of the Civil Code.
“The seller is bound by the guarantee in respect of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish that use, that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.”

Article 1648 paragraph 1 of the Civil Code.
‘An action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.’

Article L217-16 of the French Consumer Code.
‘Where the buyer requests the seller, during the course of the commercial guarantee granted to him on the acquisition or repair of movable property, to restore the condition covered by the guarantee, any period of immobilisation of at least seven days shall be added to the remaining period of the guarantee. This period runs from the date of the buyer’s request for intervention or from the making available for repair of the goods in question, if such provision is subsequent to the request for intervention. »
In order to assert its rights, the Client must inform the Seller, in writing (email or post), of the non-conformity of the Products or of the existence of hidden defects from the moment they are discovered.
The Seller will refund, replace or repair any Products or parts under warranty that are found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days after receipt of the goods at our premises days following the Seller’s discovery of the lack of conformity or hidden defect. This refund can be made by bank transfer or cheque.
The Seller cannot be held liable in the following cases:

  • non-compliance with the legislation of the country to which the products are delivered, which it is the Client’s responsibility to verify,
    in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
  • The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.

The Seller’s warranty is, in any case, limited to the replacement or refund of Products that do not conform or are affected by a defect.

ARTICLE 9 – Personal data

The Client is informed that the collection of his/her personal data is necessary for the sale of the Products and their delivery/delivery, entrusted to the Seller. This personal data is collected solely for the performance of the sales contract.

9.1 Collection of personal data
The personal data that is collected on the www.mypot.fr website are as follows:

Product Order:
When ordering Products by the Customer:
Surname, first name, email address, postal address, telephone number.

Payment
As part of the payment for the Products offered on the www.mypot.fr website, it records financial data relating to the Customer’s/user’s bank account or credit card.

9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.

9.3 Data Controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data.

9.4 Restriction of processing
Unless the Client expressly agrees, his/her personal data will not be used for advertising or marketing purposes.

9.5 Duration of data retention
The Seller will keep the data collected in this way for a period of 5 years, covering the time of the limitation period of the applicable contractual civil liability.

9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of Clients’ and Users’ rights
In accordance with the regulations applicable to personal data, Customers and users of the www.mypot.fr site have the following rights:

  • They can update or delete their personal data in the following ways: by sending an email to: info@mypot.fr.
  • They may delete their account by writing to the email address indicated in Article 9.3 “Data Controller”
  • They may exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 “Data Controller”
  • If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data Controller”
  • They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data Controller”
  • They may also request the portability of the data held by the Seller to another service provider
  • Finally, they may object to the processing of their data by the Seller

These rights, as long as they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are indicated above.
The data controller must provide a response within a maximum of one month.
In the event of refusal to comply with the Client’s request, the latter must give reasons.
The Client is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Client may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 – Intellectual property

The content of the www.mypot.fr site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.

ARTICLE 11 – Applicable law – Language

These T&Cs and the resulting transactions are governed by and subject to French law.
These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

ARTICLE 12 – Disputes

For any complaint, please contact customer service at the Seller’s postal or email address indicated in ARTICLE 1 of these GTCS.
The Client is informed that he may in any case have recourse to conventional mediation, with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In this case, the appointed mediator is:
FEVAD
.
The Client is also informed that he may also use the Online Dispute Resolution (ODR) platform:https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale transactions concluded pursuant to these T&Cs and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of ordinary law.

ANNEX I
Withdrawal form

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