General Terms and Conditions of Sale
The company AH BON! SAS, with a share capital of €1,000, whose registered office is located at 5, boulevard Gouvion Saint-Cyr – 75017 PARIS, registered in the Paris Trade and Companies Register under number 842 332 298
Hereinafter referred to as “the Seller” or “the Company”,
Any natural or legal person, professional or consumer, wishing to access the Content, or make a purchase via the Site,
Hereinafter referred to as “Visitor” or “Buyer”,
Hereinafter jointly referred to as “the Parties”.
The Company operates the Kactus Kactus website, www.kaktuskaktus.fr (hereinafter the “Site”).
The purpose of these General Terms and Conditions of Sale (hereinafter the “GTC”) is to determine the characteristics, terms and conditions of access to the services available on the Site, as well as to define the rights and obligations of the Parties in connection with the online sale of the Products offered for sale by the Seller to the Buyer.
The Site offers the delivery by internet of cactus, succulent plants, and pots in France and Europe.
The Parties agree that the relationship shall be governed exclusively by these GTC, excluding any conditions previously available on the Site.
The Site is available free of charge on the Internet and is accessible to any Visitor or Buyer with Internet access.
All costs related to access to the Site, such as hardware, software or Internet access costs, are the sole responsibility of the Visitor or the Buyer who is solely responsible for the proper functioning of his equipment and his Internet access.
These GTC are freely available to any Visitor or Buyer on the Site from the URL address: https:/www.kactus-kactus.com/………
These GTC are systematically submitted for acceptance to the Buyer before any purchase of a Product on the Site.
Failure to accept the GTC in advance prevents any purchase of a Product on the Site.
The Seller reserves the right to modify these GTC at any time in order to comply with any new regulations or to improve the use of the Site. They come into force as soon as they are first published on the Site, and accepted by the Buyer.
The GTC are those in force and available on the Site on the date of validation of the order.
The Parties agree that photographs of the Products sold on the Site have no contractual value.
The Site does not sell products to minors. Any Visitor under 18 years of age may only use the Site under the supervision of a parent or legal guardian.
I – DEFINITIONS
“Buyer”: refers to any Site Visitor over 18 years of age who creates an Account for the purpose of acquiring one or more Products;
“Product(s)”: refers to any product offered for sale on the Site;
“Order”: product order placed by a Buyer;
“Account”: refers to the space made available to the Buyer on the Site, allowing him to access, after having identified himself, the Services;
“Services”: refers to the services of distance selling and making the content available on the Site;
“Visitor”: refers to any Internet user consulting the Site who is 18 years old or under the supervision of his legal guardian.
II – SCOPE AND ACCEPTANCE OF THE CONDITIONS
2.1. Acceptance. The GTC are in French language and are intended to apply exclusively between the Seller and any Visitor wishing to access the Site and its content, as well as to any Buyer. It is recalled as necessary on the Site, its content and Services are only accessible to adults in accordance with the laws in force at the time of consultation of the Site and/or use of the Services. Visits are permitted to minors under the supervision of a parent or legal guardian.
2.2. Any Visitor and/or Buyer declares that he/she fully agrees to these GTC by consulting the Site, and in any case by their mandatory express acceptance prior to any purchase of a Product.
2.3. These GTC are thus automatically applicable to all sales of Products by the Seller, made through the Site.
2.4. Derogation. Any deviation from these GTC can only be invoked against the Seller if it has been duly accepted and formalised in writing signed by the Seller.
The fact that the Seller does not sanction behaviour that violates these GTC does not imply acceptance of the derogatory behaviour, nor does it mean that the author will not be prosecuted.
Confirmation of an order implies acceptance of these GTC, acknowledgement of having full knowledge of them and waiver of the right to invoke one’s own purchase conditions. All the data provided and the recorded confirmation will be worth proof of the transaction. If the Buyer has an e-mail address and has provided it on his order form, the Company will send him by e-mail the confirmation of the registration of his order.
If the Buyer wishes to contact the Company, he may do so by using the contact form available on the Site in the “Order History” section or on the contact page.
III – HOW TO ACCESS THE SITE
3.1 Content. The purpose of the Site is the sale of the Products, without any condition other than the acceptance of and compliance with these GTC.
The Content includes, among other things:
– an online shop,
– a “About” section detailing the purpose of the online store,
– a “FAQ” section detailing the general policy followed by the online store.
3.2. Access to Content. The Content is accessible by any Visitor or Buyer by simply connecting to the following url: https:/www.kactus-kactus.com/
The Seller endeavours to allow, but does not guarantee, access to the Site 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond its control, and subject to any maintenance work necessary for the proper functioning of the Site and/or work to improve and/or modify the Site, which may be carried out without the Seller giving prior notice to the Visitors or Buyers.
In no event shall the Seller be liable for any interruption of access to the Site and their consequences, regardless of the extent thereof.
3.3. Security and viruses. It is the responsibility of each Visitor or Buyer to take all appropriate measures to protect himself against the contamination of his data, software or hardware by viruses that may circulate through the Site, or the information published therein, and to manage his data backups.
The Visitor or the Buyer expressly accepts and acknowledges that the use of the Site is under his own responsibility and that he is fully liable for any damage or injury caused to his computer system or any Internet access terminal and for any loss of data that may result from downloading or using the Site.
3.4. Use of the Site. Visitors and Buyers undertake to use the Site in compliance with all the provisions mentioned in these GTC. They expressly accept that the use of the Site, the information and tools included or accessible via the Site is at their own risk. Visitors or Buyers agree not to download or carry out any operations likely to interfere with the proper functioning of the Site.
In any event, they shall be solely liable for any damage of any kind that may be caused on this occasion. Visitors refrain from any action likely to damage the proper functioning of the Site and/or to damage the reputation of the Site, the Seller, the companies of its group, or the personality of its manager (s).
IV – ACCOUNT
4.1. Creation. To purchase Product(s), the Buyer must create an Account.
The creation of the Account is done by clicking on the “Login” tab, then “Create an account”.
The Buyer must then enter his first and last name and e-mail address.
4.2. The creation of an Account requires the creation of a password.
The Buyer undertakes:
– to choose a password that ensures sufficient security, and in any case a minimum of 5 characters,
– to keep his password secret and not to disclose it to any third party for any reason whatsoever.
In the event of loss or forgetfulness of his password, the Buyer may reset it by using the “Forgotten Password” button and then entering the e-mail address previously indicated and linked to his Account.
The Buyer is solely responsible for the consequences of the use of his Account and acknowledges that any connection or transmission of data made using his Account shall be deemed to have been made by him.
4.3 Identifying an Account via Facebook. You can also create an Account by clicking on the “Connect with Facebook” tab. Facebook then forwards the Buyer’s public profile and email address to the Seller.
This does not allow the Seller to publish on Facebook.
4.4. Identifying an Account via Twitter. You can also create an account by clicking on the “Connect with Twitter” tab. Twitter then gives the Seller access to the Buyer’s feed Tweets, the Buyer’s subscriptions, and his email address.
This does not allow the Seller to:
– follow new people,
– update the Buyer’s profile,
– publish Tweets,
– access private messages,
– enter the Buyer’s Twitter password.
The data on Twitter is not processed by the Seller and is not stored by the Seller.
4.5. Deletion. The Buyer may, at any time, delete his Account by sending a message stating his request for deletion to the Site administrator, by clicking on the “Contact Us” tab.
The Seller shall delete the Account as soon as possible, and in any event within a maximum period of one (1) month from receipt of the message requesting deletion.
V – CHARACTERISTICS OF THE PRODUCTS SOLD – CONSUMER INFORMATION
5.1. Choice of Products. In accordance with Articles L. 111-1 and L. 11-4 of the French Consumer Code, the characteristics and prices of the Products sold are available on the Site in the form of a description containing its main characteristics. The photographs offered are as accurate as possible but do not bind the Seller in any way.
The Buyer is solely responsible for his choice of Products and their suitability for his needs, so that the Company cannot be held liable in this respect. The Buyer is solely responsible if the Product is consumed or ingested by himself or a third party and the resulting health consequences.
The total or partial inability to use the products, in particular because of health incompatibility (in particular allergic or consumption), may not give rise to any compensation, reimbursement or liability of the Company, unless legally required.
5.2. The Seller can be contacted by any Buyer at the following address: firstname.lastname@example.org
A contact form is also available at the following address:https:/www.kactus-kactus.com/fr/nous-contacter
The Products are subject to the legislation in force concerning distance selling.
5.3. Use of the products. The Seller shall in no way be held liable for the use made of the Products by the Buyer, who remains fully and solely responsible for their use. The Seller reserves the right to take legal action against a Buyer who has misled him/her about his/her age or any element likely to affect his/her ability to purchase the Products.
VI – PRODUCT AVAILABILITY
6.1. Offers and availability. Product offers and corresponding prices are variable within the limits of available stocks, as long as they are visible on the Site.
6.2. Out of stock. Given the nature of the Products and their uniqueness, the Seller does not guarantee the availability of the ordered products.
The Seller undertakes to honour orders received on the Site only within the limits of available stocks. If the ordered Product is not available, the Seller undertakes to contact the Buyer as soon as possible to inform him/her of this. In this case, the Buyer shall have the option:
– or to be reimbursed the corresponding amount without delay, and at the latest within 30 (thirty) days of payment of the sums paid. The refund will then be made by crediting the credit card,
– or to be delivered with a Product of equivalent quality and price.
VII – ORDERS
7.1. Registration of the Order. Orders must be placed on the Site.
The Buyer is required to respond to all requested information. In the event of prolonged inactivity during connection, it is possible that the selection of Products chosen by the Buyer before this inactivity is no longer available, in particular no longer in stock.
The Buyer then undertakes to check the elements of the Order and, if necessary, to identify and correct any errors.
7.2. Confirmation of the Order. Once the elements of the Order have been verified, the Buyer must validate the Order, the total price and the all-inclusive price.
The Buyer is then redirected, at his choice:
– either to the secure PAYPAL interface to securely enter your PAYPAL account or personal credit card details in order to make the payment;
– or to the secure payment interface by Monetico Paiement credit card, provided by Crédit Mutuel and protected by the Mastercard SecureCode and Verified By Visa security systems.
The order confirmation is sent without delay after validation of the order, by e-mail to the address provided by the Buyer.
7.3. Order processing. Orders are processed only after receipt and receipt of payment for the purchase amount.
7.4. Shipping. The Buyer receives electronic confirmation of the shipment of the Order.
Delivery will take place at the delivery address indicated by the Buyer at the time of the Order. When carrying out the various stages of the Order mentioned above, the Buyer undertakes to comply with the contractual conditions by application of Articles 1103 and 1104 of the French Civil Code.
7.5. Modification of the Order. The information provided by the Buyer, when placing the order, is binding. In the event of an error in the wording of the e-mail address or contact details of the recipient, the Seller shall not be held liable for any inability to confirm the order or make delivery. No change of delivery address of the package(s) after payment of the Order can be taken into account.
No modification of the elements of the Order is possible after receipt of payment subject to the conditions for cancellation and refund of the Order referred to in particular in Article 10 of these GTC.
7.6. Refusal of the Order. The Seller reserves the right to refuse any order from a Buyer for a legitimate reason, in accordance with Article L. 121-11 of the French Consumer Code and in particular if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Buyer concerning the payment of a previous order.
VIII – PRICE
The price of the Products sold on the Site is indicated per item.
Orders are payable in cash and are processed only after receipt and receipt of payment for the amount of the Order.
8.1. Product price. The prices displayed on the product sheets are expressed in EUROS including VAT.
The Seller reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalogue on the day of the Order shall be the only one applicable to the Buyer.
The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order.
8.2. Terms of Payment. The payment of the Price by the Buyer is made either by the secure payment service PAYPAL, or by the secure payment service CM-CIC P@yment.
PAYPAL offers both a payment solution via an account, to which the user will be asked to log in.
CM-CIC P@YMENT offers the possibility to pay by credit card.
The transaction is fully managed by the PAYPAL and CM-CIC P@yment platforms. Under no circumstances will the Site directly ask the user to enter his banking or payment card information, or store this information.
The PAYPAL and CM-CIC P@yment platforms will be in charge of the entire payment process.
Any incident relating to a possible malfunction of the payment platform must be brought to the attention of the PAYPAL or CM-CIC P@yment platform, and will only engage its responsibility. Users must subscribe to the general conditions available at the following address: https:/www.Paypal.com/fr/webapps/mpp/ua/useragreement-full.
In the event that the debit of the Price is impossible, the online sale will be immediately terminated by operation of law and the Order will be cancelled.
In accordance with the Data Protection Act of 6 January 1978, the Buyer has the right to access, rectify and oppose all personal data at any time by writing to the Seller via the “contact” button on the Site. The request must be accompanied by a proof of identity.
8.3. Methods of payment. The Buyer selects the products he wishes to order in the “basket”, modifies if necessary (quantities, references…), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the Buyer, as well as the name of the carrier. Then, the Buyer chooses the payment method of his choice (Paypal or credit card). The next step is to check all the information, read and accept these General Terms and Conditions by ticking the corresponding box, then invite him to validate his Order by clicking on the “Confirm my Order” button.
Finally, the Buyer is redirected to the secure Paypal interface to securely enter his Paypal account or personal credit card details. If payment is accepted, the Order is recorded and the contract is definitively formed. Payment by Paypal account or credit card is irrevocable. In the event of fraudulent use of the card, the Buyer may demand the cancellation of the payment by card, the sums paid will then be credited back or refunded.
The holder of a credit card is not liable if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of his card. To obtain reimbursement of the fraudulent debit and any bank charges that may have been incurred as a result of the transaction, the cardholder must contest, in writing, the debit from his bank within 70 days of the transaction, or 120 days if the contract binding him to it so provides. The amounts deducted shall be reimbursed by the bank within a maximum period of one month after receipt of the written objection lodged by the holder. No costs of returning the sums may be charged to the holder.
8.4. Retention of title. If applicable, any product delivered remains the property of the Seller until payment of all sums due. The Buyer is required to handle the Product with care, particularly during the entire legal period of retraction.
Upon shipment of the Products to the Buyer, the risk of loss or damage to the Products is transferred to the Buyer when the latter or a third party designated by him to receive them physically takes possession of such Products.
IX – DELIVERY
9.1. Delivery method. The Buyer chooses one of the delivery methods offered on the Site when the Order is placed, according to its geographical location, cost and delivery times.
Delivery is made in France (excluding the French overseas departments and territories) and Europe (Belgium, Germany, Italy, Spain, England, Switzerland) outside hard-to-reach areas established by the La Poste group’s nomenclature within the time limit set by the direct delivery of the product to the announced recipient.
9.2. Delivery address. The Buyer chooses a delivery address under penalty of refusal of the Order. The Buyer is solely responsible for a failure to deliver due to a lack of information or an error in the address when placing the Order.
9.3. Shipping costs. Shipping costs are indicated in the Order confirmation according to the delivery area and, if applicable, the mode of transport selected by the Buyer.
9.4. Delivery times. Indicative delivery times are available on the Site and are indicated at the time of the Order.
For Paris: subject to availability of the Products, the Order will be executed on the day of the Order, and delivered within 48 hours.
For the rest of metropolitan France, subject to availability of the Products, the Order will be executed on the day of the Order (for an Order placed before 3pm) and delivered within 7 to 10 days.
For European countries delivered by the brand, the Order is delivered within 10 working days of receipt of the validation email. Delivery times are from Monday to Saturday from 8am to 7pm in Europe (Belgium, Germany, Italy, Spain, England, Switzerland) excluding areas difficult to access established by the La Poste group’s nomenclature within the time limit set by the direct delivery of the product to the announced recipient.
These delays may vary depending on the availability of the Products ordered.
Delivery times are in working days and correspond to the average time it takes to prepare and ship the Order to the address indicated when the Order is placed. They do not take into account the risks inherent to the companies in charge of delivering the Order, nor cases of force majeure.
Delivery times run from the date of confirmation of the Order by the Seller.
9.5. Delays in delivery. In the event of late delivery, the Order is not cancelled.
The Seller informs the Buyer by e-mail that delivery will be delayed.
In this case, and in accordance with the provisions of Article L. 216-2 of the French Consumer Code, the Buyer may terminate the contract by registered letter with acknowledgement of receipt if, after having instructed the Seller, under the same terms and conditions, to make the delivery or provide the service within a reasonable additional period, the latter has not complied with that period.
The contract is considered terminated upon receipt by the Seller of the letter informing him of such termination, unless the Seller has since performed.
9.6. Checking the delivery. The Buyer is required to check the condition of the packaging and the Products upon Delivery.
It is the Buyer’s responsibility to make any reservations and complaints he deems necessary, or even to refuse the package, when the package is obviously damaged upon delivery.
Such reservations and claims must be addressed without delay to the Seller, in order to enable the latter to raise them against the carrier by registered letter with acknowledgement of receipt within three (3) working days, excluding public holidays, following the date of delivery of the Products.
The Buyer must ensure that the Products delivered to him correspond to the Order. In the event of non-compliance of the Products in kind, quality or quantity with the specifications mentioned in the delivery note, the Buyer must inform the Seller within 14 (fourteen) days by using the contact form available at the following address:https:/www.kactus-kactus.com/fr/nous-contacter
The Buyer must, if necessary, return the Products to the address indicated.
The Seller undertakes to return at its own expense any damaged or non-compliant Products, and to return new Products or missing Products as soon as possible, or to refund the Buyer in full if it is impossible to replace the Products, at the Seller’s option.
9.7 Impossibility to deliver. In the event of return of the parcel to our premises following an impossibility of delivery of the latter, for any reason whatsoever, in particular in the event of an incorrect address of the recipient, the Buyer is automatically informed by email.
If no news is received from the Seller within 48 (forty-eight) hours of receipt of this email, the Seller reserves the right to cancel the Order.
The shipping costs will then not be refunded.
9.8. Liability and compensation. The Seller’s liability shall not, in any event, exceed the price paid by the Buyer.
X. RIGHT OF WITHDRAWAL
10.1. Deadline. In accordance with articles L. 121-20 et seq. of the French Consumer Code, for non-perishable products, the Buyer has a right of withdrawal which he may exercise within 14 (fourteen) calendar days following the date of receipt of the Order by the Buyer.
In the event that the Order covers several Products delivered separately, the period shall run from the date of receipt of the last Product.
If this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.
However, the Buyer’s attention must be drawn to the fact that the perishable nature of the products is an exception to the right of withdrawal (plants, flowers, food, etc.).
Consequently, and in the absence of having retracted the Order according to the places and times defined in Article 9, retraction is no longer physically possible. He will therefore be deemed to have waived the right of withdrawal within the legal period. Indeed, the perishable nature of plant products is an exception to the right of withdrawal.
Depending on the nature of the Product ordered, the Buyer has the following deadlines to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable, of return costs:
– Plants: no retraction possible after sending the Order,
– Other: 14 (fourteen days)
10.2. Procedure. The Buyer who wishes to exercise his right of withdrawal must:
– send a request for withdrawal according to the model available in the Annex to these GTC to the following e-mail address: email@example.com
– send its request for withdrawal according to the model available in the Annex to these GTC via the contact form available at the following address:https:/www.kactus-kactus.com/fr/nous-contacter
– send its request for withdrawal according to the model available in the Annex to these GTC, within the aforementioned period, by Registered Letter with Acknowledgement of Receipt to the following address:
AH BON ! 5, boulevard Gouvion Saint-Cyr – 75017 PARIS, clearly and unambiguously indicating the exercise of the right of withdrawal, and mentioning the following information:
– name and surname of the Buyer,
– postal address,
– telephone number,
– e-mail address.
Then return the Product within the above-mentioned period, in its original, complete and new packaging.
Any risk related to the return of the Product is the responsibility of the Buyer or the recipient of the Order.
10.3 Reimbursement. In accordance with the provisions of Article L. 221-3 of the French Consumer Code, the Buyer shall only bear the direct costs of returning the Products.
In accordance with Article L. 221-24 of the French Consumer Code, the Seller shall reimburse the Buyer for all sums paid, including delivery costs, without undue delay and at the latest upon receipt of these Products or until the Buyer has provided proof of dispatch of these Products, whichever is the earlier.
Any refund will be made through the payment method used by the Buyer for the Order, unless expressly requested by the Buyer and accepted by the Seller.
After checking the integrity of the returned Products, the Seller undertakes to refund the Buyer as soon as possible.
The Buyer shall only be liable for any depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these Products.
XI – WARRANTIES
11.1. On the provisions of the French Consumer Code.
The Seller delivers a Product in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also responsible for any lack of conformity resulting from the packaging.
The Product is in conformity with the contract if it is specific to the use usually expected of a similar Product and, if applicable:
– if it corresponds to the description given by the Seller and has the qualities that the Seller has presented to the Buyer, except for the subjective qualities by their nature;
– if it has the qualities that a Buyer can legitimately expect in view of the public statements made by the Seller, in particular in advertising or labelling.
The Buyer is entitled to demand that the Product comply with the contract. However, he cannot contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted it.
In the event of lack of conformity, the Buyer may obtain replacement of the Product.
If replacement of the Product is not possible, the Buyer may return the Product and have the price returned or keep the Product and have a portion of the price returned.
The action resulting from the lack of conformity is time-barred after two years from the delivery of the Product.
11.2. On the provisions of the French Civil Code.
The Seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that reduce this use so much that the Buyer would not have acquired it, or would have given only a lower price, if he had known them.
The action resulting from the fundamental defects must be brought by the Buyer within two years of the discovery of the defect.
The Buyer may exercise these guarantees by sending a request to:
AH BON ! 5, boulevard Gouvion Saint-Cyr – 75017 PARIS
XII – INTELLECTUAL PROPERTY
All intellectual property rights, in particular copyrights, trademarks, image rights and related rights relating to the general structure of the Site as well as to the photographs, texts, logos, graphic charter and any other element composing the Site, belonging to the Seller, its group companies or their managers remain the exclusive property of the Seller or their respective owners.
Any commercial or non-commercial use, in particular any downloading, copying, reproduction, distribution, transmission, distribution, distribution, distribution, adaptation, adaptation, translation or representation, in whole or in part, of the Site, and in particular its general structure or logo, of the above-mentioned trademarks, by any current or future means and process, on any current or future medium, without the prior written consent of the Seller or their respective owners, is prohibited and may give rise to legal proceedings, in particular for infringement.
All trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images and logos appearing on the Products, their accessories and packaging, whether registered or not, are and shall remain the exclusive property of the Seller or their respective owners.
In general, any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited.
The same applies to any combination or conjunction with any other brand, symbol, logo and, more generally, any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent that are the property of the Seller, its group companies or their directors.
The databases on the website are protected by the provisions of Articles L. 341-1 et seq. of the French Intellectual Property Code.
In particular, the extraction and reuse, quantitatively or qualitatively substantial, of the content of the databases contained on the Site is prohibited. Any offender is liable to the penalties referred to in Articles L. 343-1 et seq. of the French Intellectual Property Code.
It is strictly forbidden to use any program designed to extract the content of the Site, with the exception of robots used by companies operating search engines.
XIII – PROTECTION OF PERSONAL DATA
The Seller, as part of the Services, is required to collect certain personal data from Buyers, necessary for the proper functioning of the Site and the performance of the Services.
By creating an Account, and placing an order, the Visitor agrees that the personal data he communicates to the Seller may be processed in the manner necessary to record and send the order.
The Seller collects and processes personal data with the utmost confidentiality, in accordance with its personal data processing policy.
In accordance with the amended law n°78-17 of 6 January 1978, known as “Informatiques et Libertés”, the processing of personal data collected on the Site was declared to the CNIL.
The Seller shall not transmit this personal data to any third party, except with the express consent of the Buyer, with the exception of the necessary transmission of this personal data to its business partners for the sole purpose of processing the order and delivering the Products ordered by the Buyer.
The personal data collected by the Seller shall not be sold or communicated to third parties outside the conditions provided for in this article.
The Buyer’s personal data are only used for commercial prospecting purposes with his explicit consent.
In accordance with the “Data Protection Act” of 6 January 1978, and Regulation (EU) 2016/679 “RGPD”, the Buyer has the right to access, query, modify, rectify and delete personal data concerning him at any time.
If the Buyer no longer wishes to receive commercial prospecting by e-mail from the Seller, he may notify the Seller at any time by one of the following means:
– by clicking on the unsubscribe link at the bottom of the page of the “NEWSLETTER” emails;
– by sending a request to unsubscribe via the contact form available at the following address:https:/www.kactus-kactus.com/fr/nous-contacter/ ;
– in the “My Account” section and then in the “Your personal information” tab, by unchecking, at the bottom of the page and unchecking the corresponding box(es).
The Seller keeps this information for 5 (five) years from the date of final delivery of the Products. However, if the Account created remains inactive for an uninterrupted period of 5 years, the personal data collected will be deleted.
Personal data whose storage is mandatory (accounting documents, delivery notes, etc.) will be kept in the form of archives for the entire duration mandatory under the applicable regime.
All rights relating to personal data are exercised with the Seller:
– By mail: AH BON ! 5, boulevard Gouvion Saint-Cyr – 75017 PARIS
– By e-mail:https:/www.kactus-kactus.com/fr/nous-contacter/- Via the contact form available at the following address:https:/www.kactus-kactus.com/fr/nous-contacter/
XIV – COOKIES
For the proper operation of the Site, the Seller may place cookies in the browser of any Visitor.
Each Visitor or Buyer is free to accept or reject cookies by configuring his browser (disabling all or part of the cookies – see web browser manual or help function).
The deactivation of cookies may result in the unavailability of certain Services on the Site.
The Visitor or the Buyer may, at any time, delete the recording of cookies, or cookies already stored on his computer, by setting the privacy protection options of his Internet browser (for example: Tools > Delete my traces > Cookies, on Mozilla Firefox and Tools > Delete browser history > Delete cookies, on Microsoft Internet Explorer).
The CNIL website also provides information on how to manage and delete cookies on your browser.
These explanations are available at the following address: https:/www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser/
XV – FORCE MAJEURE
The Seller’s performance of its obligations under this Agreement shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would hinder or delay its performance.
The Seller shall notify the Buyer of the occurrence of such fortuitous event or force majeure within eight business days from the date of the occurrence of the event.
Where the suspension of the Seller’s performance of its obligations continues for a period exceeding fifteen working days, the Buyer may terminate the current Order and the Seller shall then refund the Order under the conditions referred to in Article 10.
XVI – NULLITIES
If any of the provisions of these GTC should prove null and void with regard to a rule of law in force or a court decision that has become final, it shall then be deemed unwritten, without entailing the nullity of these GTC or altering the validity of its other provisions.
XVII – INDEPENDENCE OF THE PARTIES
Neither Party may make any commitment in the name and/or on behalf of the other Party. In addition, each Party remains solely responsible for its own allegations, commitments, services, products and personnel.
XVIII – NO WAIVER
It is recalled that the fact that one of the Parties does not rely on an undertaking by the other Party to any of the obligations referred to herein shall not be interpreted in the future as a waiver of the obligation in question.
XIX – NOTIFICATIONS
Any notifications to be made under this Agreement shall be deemed to have been made if made to the following addresses:
– to the Seller: by registered letter with acknowledgement of receipt to the following address: AH BON ! 5, boulevard Gouvion Saint-Cyr – 75017 PARIS ;
– to the Client: to the e-mail address indicated when creating the Account.
XX – APPLICABLE LAW AND COMPETENT JURISDICTION
These GTC are subject to French law.
These GTC are translated from French into English, for a better understanding of foreign Buyers, but is only indicative.
In accordance with the provisions of Article L. 612-1 of the French Consumer Code: “Every consumer has the right to have recourse, free of charge, to a consumer mediator with a view to amicably terminating the dispute between him and a professional. »
Disputes falling within the scope of Article L. 612-1 of the French Consumer Code are disputes defined in Article L. 611-1 of the French Consumer Code, namely disputes of a contractual nature, relating to the performance of a contract for the sale or supply of services, between a consumer and a professional. The text covers national and cross-border disputes.
For any difficulty, we invite you to contact us beforehand:
– AH BON ! 5, boulevard Gouvion Saint-Cyr – 75017 PARIS;
– E-mail: firstname.lastname@example.org.
You are also informed of the possibility of filing a complaint through the online dispute resolution platform available at this address: https:/ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
Within the limits of the any dispute arising from the execution or interpretation of these GTC, and more generally from relations of any nature between the Seller and a Professional Buyer or Visitor, in particular access to the Content or Services, shall fall within the exclusive jurisdiction of the courts of Paris, unless otherwise provided by mandatory legal or public policy provisions applicable.
Any Visitor or Buyer domiciled outside France accepts that disputes arising from the execution or interpretation of these GTC, and more generally from access to the Content or the Free or Paid Services, are subject to French law and the courts of Paris.
To the attention of AH BON!
5, boulevard Gouvion Saint-Cyr – 75017 PARIS:
Represented by: ___________________
hereby notifies you of my withdrawal from order no. ____________________ placed on __/__/__/__ (dd/mm/yyyyy) on the Site for an amount of ___________________€ and for (specify the subject of the order): ________________________________________________________________
Signature(s) of the consumer and his legal representative in the case: