Terms of sale

Online Terms and Conditions of Sale

Online Terms and Conditions of Sale

 

These Terms and Conditions of Sale are up to date as of 2 December 2023

 

  1. DEFINITIONS

 

  • These Terms and Conditions of Sale (hereinafter “Terms”) are offered by the company Elixir Miel (hereinafter “The Company”), a simplified joint-stock company (S.A.S.) registered with the Lyon Trade and Companies Register under number 980558159, represented by Mathis GANDIN, whose registered office is located at 129 rue Servient, 69326 Lyon Cedex 03, France.

 

  • The company is registered with ADEME with the unique identifier: FR295850_01OZTU. The REP organization to which the company is affiliated is Adelphe.

 

  • Its non-premium telephone number is 06 03 76 42 04, and its email address is contact@elixirmiel.com.

 

  • The company is the owner and publisher of the website https://elixirmiel.com (hereinafter “the Site”). The Site is hosted by Shopify, located at 151 Rue O'Connor Street, K2P 2L8 Ottawa, Canada, reachable at +1 650 253 0000.

 

  • The Site offers the Customer (hereinafter “the Customer”) the possibility for customers to purchase artisanally produced French honey enriched with CBD extracts (hereinafter the “Products”).

 

  • Prior to any use of the Site, the Customer must ensure they have the technical and computer means allowing them to use the Site and to place Orders for the Products on the Site, and that their browser allows secure access to the Site. The Customer must also ensure that the configuration of their computer equipment is in good working order and free of viruses.

 

  1. APPLICABILITY AND BINDING NATURE OF THE TERMS

 

  • These Terms aim to define all the conditions under which the company markets the Products as offered for sale on the Site to Customers. They therefore apply to any Order (hereinafter “Order”) for Products placed on the Site by the Customer.

 

  • The Customer declares that they have read and accepted these Terms before placing their Order.

 

  • Validation of the Order therefore constitutes acceptance of these Terms. These Terms are regularly updated; the Terms applicable are those in force on the Site on the date the Order is placed.

 

  • Any contrary condition proposed by the Customer shall, unless expressly accepted, be unenforceable against the company whatever the time it may have been brought to its attention.

 

  • The fact that the company does not rely on any provision of these Terms at a given moment cannot be interpreted as a waiver to rely on that provision later.

 

  1. PLACING ORDERS FOR PRODUCTS ON THE SITE

 

  • The company reserves the right to correct the content of the Site at any time.

 

  • The Customer may find on the product page the period during which, or the date until which, spare parts essential to the use of the product are available on the market.

 

  • The Products offered for sale are described and presented with the greatest possible accuracy. However, a minor variation in the color of the product(s) does not engage the company’s liability and does not affect the validity of the sale.

 

  • The Customer selects the Product(s) they wish to purchase and can access the summary of their Order at any time.

 

  • The Order summary shows the list of Product(s) selected by the Customer and includes any additional fees such as delivery charges added to the price of the Product(s) in the Order. The Customer has the option to modify their Order and correct any errors before accepting it.

 

  • After accessing the Order summary, the Customer confirms acceptance of their Order by checking the box validating the Terms and then clicking on the Order validation icon. The phrase “Order with obligation to pay” or a similar unambiguous formula appears next to the Order validation icon to ensure that the Customer explicitly acknowledges their obligation to pay for the Order.

 

  • After acceptance of the Terms and validation of the Order with obligation to pay, the contract is validly formed between the company and the Customer and binds them irreversibly.

 

  • After validating their Order and in order to proceed with payment, the Customer enters the delivery details where they wish to receive the ordered product(s), and billing details if different. The delivery process for the ordered product(s) is described in Article 5 of these Terms.

 

  • The company then sends a confirmation of the Order by email, summarizing the elements of the Order and the provided delivery and, where applicable, billing addresses.

 

  • After confirming their delivery and billing details, the Customer proceeds to pay for their Order according to the terms set out below.

 

  1. PRICE AND PAYMENT TERMS OF THE ORDER

 

  • Prices are stated on the Site in the product descriptions, in euros and both excluding and including taxes.

 

  • The total amount is indicated in the Order summary before the Customer accepts these Terms, validates their Order, provides and validates their delivery and, where applicable, billing details and proceeds to payment. This total amount is indicated including all taxes.

 

  • Orders placed on the Site are payable in euros. Full payment must be made on the day of the Order by the Customer, by bank card, unless special terms of sale are expressly accepted by the Customer and the company.

 

  • For card payments, the Site uses the Viva Wallet secure payment system, a provider specialized in online payment security. This system guarantees the Customer the full confidentiality of their bank details. The bank transaction between the Customer and the secure system is fully encrypted and protected. The Customer’s bank details are not stored by the company. Viva Wallet’s general terms of use are available at: https://www.vivawallet.com/fr_fr/terms-and-conditions-be.

 

  • The Customer guarantees to the company that they have the necessary authorizations to use the chosen payment method when placing the Order.

 

  • The company reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in case of non-payment or partial payment of any sum that would be due by the Customer to the company, in case of a payment incident, or in case of fraud or attempted fraud related to the use of the site and the payment of an Order.

 

  1. DELIVERY

 

  • The product(s) offered on the Site may be delivered to metropolitan France only.

 

  • The company undertakes to deliver the product(s) within a period not exceeding 2 to 5 working days from the date of the Order.

 

  • The Customer is informed by email when their Order is ready and dispatched. The ordered product(s) are delivered to the delivery address indicated by the Customer at the time of Order under the conditions specified in Article 8 of these Terms.

 

  • The Customer must ensure that the information provided as referred to in Article 3.7 of these Terms is correct and remains so until complete delivery of the ordered product(s). The Customer therefore undertakes to inform the company of any change of billing and/or delivery details that may occur between the Order and delivery by sending an email without delay to the customer service email address. Failing this, in the case of delay and/or delivery error, the Customer cannot hold the company liable for non-delivery, and the company’s customer service will contact the Customer for a second delivery at the Customer’s expense.

 

  • The company will not be responsible if non-receipt of the Products is due to a third party outside its intervention or in the event of theft.

 

  • In case of return of the Order due to the Customer’s absence, the company’s customer service will contact the Customer for a second delivery at the Customer’s expense.

 

  • The Customer may track the delivery of their Order by contacting customer service whose number appears in Article 6.2 of these Terms.

 

  1. CUSTOMER SERVICE

 

  • For any request for information, clarification or for any complaint, the Customer must, as a priority, contact the company’s customer service to allow it to attempt to find a solution to the problem.

 

  • The company’s customer service is available from 9:00 to 17:00 Monday to Friday using the following contact details:

 

  • Telephone: 06 03 76 42 04 (non-premium number)
  • email: contact@elixirmiel.com
  • mail: 129 rue Servient, 69326 Lyon Cedex 03, France

 

  1. LEGAL AND COMMERCIAL WARRANTIES

 

All products offered by the company are subject to the legal guarantee of conformity provided by law, in particular Articles L.217-4, L.217-5 and L.217-12 of the French Consumer Code, and to the guarantee for hidden defects provided by Articles 1641 and 1648, first paragraph, of the Civil Code:

 

Non-conforming products will be subject to replacement or repair in accordance with the cost modalities provided by the Consumer Code.

 

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

 

Thus, the Customer:

(i) benefits from a period of two (2) years from delivery of the product to act in case of lack of conformity of the Product;

(ii) is exempted from proving the existence of the lack of conformity of the product during the six (6) months following delivery of the product;

(iii) may choose between repair or replacement of the product, subject to the cost conditions provided by Article L.217-9 of the Consumer Code.

 

In addition, the Customer may also invoke the legal guarantee for hidden defects of the sold item, under Articles 1641 et seq. of the Civil Code. The legal guarantee for hidden defects allows the Customer within a period of two years from the discovery of the defect to obtain the refund of a Product that proved unfit for its intended use.

 

The guarantee for hidden defects protects the Customer against hidden defects of the purchased product that prevent its use or affect it to such an extent that the Customer would not have purchased it.

 

The Customer then has the choice between two options: keep the product and request a price reduction, or return the product and request a refund of the price paid, in accordance with Article 1644 of the Civil Code.

 

The following legal provisions are recalled:

Art. L217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for defects of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from packaging, assembly instructions or installation when this has been charged to him by the contract or carried out under his responsibility.”

Art. L217-5 of the Consumer Code: “Goods are in conformity with the contract: 1° If they are fit for the use usually expected of similar goods and, where applicable, (a) if they correspond to the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or model; (b) if they present the qualities that a buyer can legitimately expect in view of public statements made by the seller, by the producer or by his representative, notably in advertising or labelling; 2° Or if they have the characteristics defined by common agreement between the parties or are fit for any special use sought by the buyer, brought to the seller’s attention and accepted by him.”

Art. L217-7 of the Consumer Code: “Defects of conformity which appear within twenty-four months from the delivery of the good are presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may contest this presumption if it is not compatible with the nature of the good or the defect claimed.”

Art. L217-8 of the Consumer Code: “The buyer has the right to require the conformity of the good to the contract. However, he cannot contest conformity by invoking a defect that he knew or could not have ignored when he entered into the contract. The same applies when the defect originates in materials that he himself supplied.”

Art. L217-9 of the Consumer Code: “In case of lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may refuse the buyer’s choice if it results in a manifestly disproportionate cost compared to the other option, given the value of the good or the importance of the defect. He is then obliged to proceed, except in case of impossibility, according to the option not chosen by the buyer.”

Art. L217-10 of the Consumer Code: “If repair and replacement of the good are impossible, the buyer may return the good and obtain a refund or keep the good and obtain a partial refund of the price. The same right is granted if the remedy chosen or agreed upon cannot be implemented within one month following the buyer’s claim, or if it cannot be implemented without major inconvenience for the buyer given the nature of the good and the use sought. The cancellation of the sale cannot be pronounced if the defect is minor.”

Art. L217-11 of the Consumer Code: “The application of Articles L.217-9 and L.217-10 takes place at no cost to the buyer. These provisions do not preclude the awarding of damages.”

Art. L217-12 of the Consumer Code: “The action resulting from lack of conformity is time-barred after two years from delivery of the good.”

Art. L217-13 of the Consumer Code: “The provisions of this section do not deprive the buyer of the right to take action for redhibitory defects as provided in Articles 1641 to 1649 of the Civil Code or any other contractual or extra-contractual action recognized by law.”

Art. 1641 of the Civil Code: “The seller is bound by the warranty against hidden defects in the thing sold which make it unfit for the use to which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have given a lesser price if he had known them.”

Art. 1642 of the Civil Code: “The seller is not liable for apparent defects which the buyer was able to notice himself.”

Art. 1643 of the Civil Code: “He is liable for hidden defects even if he did not know them, unless he has stipulated that he will not be bound by any warranty.”

Art. 1644 of the Civil Code: “In the cases of Articles 1641 and 1643, the buyer has the choice of returning the thing and having the price restored, or of keeping the thing and having a part of the price restored.”

Art. 1646 of the Civil Code: “If the seller was ignorant of the defects of the thing, he shall only be bound to restore the price and to reimburse the buyer for the expenses occasioned by the sale.”

Art. 1648 of the Civil Code: “Actions resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”

 

If a Customer considers they have received a product they consider defective or non-conforming, they must contact the company as soon as possible upon receipt of the Order at the following email address: contact@elixirmiel.com, or by registered mail with acknowledgment of receipt to the following address: 129 rue Servient, 69326 Lyon Cedex 03, France, specifying the defect or non-conformity in question.

 

It will be the Customer’s responsibility to provide any justification regarding the designation of apparent defects and/or anomalies observed. The Customer must allow the company every facility to verify these defects or non-conformities and to remedy them if necessary. They must refrain from intervening themselves or having a third party do so for this purpose.

 

If the defects and/or anomalies are confirmed by the company, it will then send the Customer instructions on how to proceed after having acknowledged the complaint and, where applicable, will proceed to replace the product found to be non-conforming or defective.

 

If an exchange of the product is impossible, the company will be required to refund the Customer within fourteen days following receipt of the product. The refund will be made by crediting the Customer’s bank account, the Customer being able to opt for another refund method than the one proposed.

 

  1. CUSTOMER OBLIGATIONS

 

  • The Customer undertakes to comply with the terms of these Terms.

 

  • The Customer undertakes to use the Site in accordance with the company’s instructions.

 

  • The Customer acknowledges that they use the Site only for personal use, in accordance with these Terms. In this respect, the Customer agrees to refrain from:

 

  • Using the Site in any illegal manner or for any illegal purpose or in any way incompatible with these Terms;
  • Selling, copying, reproducing, renting, lending, distributing, transferring or sublicensing all or part of the content on the Site or decompiling, disassembling, modifying, displaying the source code in readable form, attempting to discover any source code or using any software activating or including all or part of the Site;
  • Attempting to obtain unauthorized access to the Site’s information system or engaging in any activity that disrupts, reduces the quality of or interferes with the performance or damages the functionalities of the Site;
  • Using the Site abusively by intentionally introducing viruses or any other malicious program and attempting unauthorized access to the Site;
  • Infringing the company’s intellectual property rights and/or reselling or attempting to resell the products to third parties;
  • Defaming the Site and/or the products as well as the company on social networks and any other means of communication.

 

  • If, for any reason, the company considers that the Customer does not comply with these Terms, the company may at any time, at its sole discretion, remove their access to the Site and take all measures including civil and criminal legal action against them.

 

  1. RIGHT OF WITHDRAWAL

 

  • In accordance with Articles L.221-18 and following of the Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Site to withdraw from the contract with the company, without having to justify reasons nor to pay any penalty.

 

  • All Products/Services may be subject to withdrawal, except those excluded by Article L.221-28 of the Consumer Code, reproduced below:

 

The right of withdrawal cannot be exercised for contracts:

1° For the provision of services fully performed before the end of the withdrawal period where performance began after the consumer’s express prior agreement and express renunciation of their right of withdrawal;

2° For the supply of goods or services whose price depends on fluctuations in the financial market beyond the professional’s control and likely to occur during the withdrawal period;

3° For the supply of goods made to the consumer’s specifications or clearly personalized;

4° For the supply of goods that are likely to deteriorate or expire rapidly;

5° For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6° For the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;

7° For the supply of alcoholic beverages whose delivery is postponed beyond thirty days and whose agreed value at the conclusion of the contract depends on fluctuations on the market beyond the professional’s control;

8° For repair or maintenance work to be carried out urgently at the consumer’s home and expressly requested by them, limited to spare parts and work strictly necessary to meet the emergency;

9° For the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10° For the supply of a newspaper, periodical or magazine, except for subscription contracts to such publications;

11° Concluded at a public auction;

12° For services relating to accommodation other than residential accommodation, transport of goods, car rental, catering or leisure activities to be provided on a specific date or during a specific period;

13° For the supply of digital content not supplied on a tangible medium when performance has begun after the consumer’s express prior agreement and express renunciation of their right of withdrawal.

 

  • To exercise their right of withdrawal, the Customer must notify their decision to withdraw using the withdrawal form attached as an annex to these Terms or by an unequivocal statement. The Customer may communicate their decision to withdraw to the company by any means, in particular by sending it by post to the company at: 129 rue Servient, 69326 Lyon Cedex 03, France or by email to contact@elixirmiel.com.

 

  • In case of notification to the company by the Customer of their decision to withdraw, whatever the means used, the company will send them without delay an acknowledgment of receipt of the withdrawal on a durable medium (notably by email).

 

  • The Customer must return the product(s) in the same condition in which they were received, with all packaging, accessories and instructions (even if the product(s) has/have been unsealed), as soon as possible and at the latest within 14 days from the date of notification of the decision to withdraw, to the following address: 129 rue Servient, 69326 Lyon Cedex 03, France. In accordance with the law, the Customer bears the return costs of the product(s).

 

  • In case of withdrawal by the Customer, the refund of the Product(s) subject to the right of withdrawal will be made by the company using the same payment method used for the initial transaction, unless the Customer expressly agrees to a different method. In any case, this refund will not incur any costs for the Customer. The refund is made as soon as possible and at the latest within 14 days from the day the company is informed of the Customer’s decision to withdraw from their Order.

 

  • In accordance with Article L.221-23 of the Consumer Code, the Customer is informed that their liability towards the company is limited to any depreciation of the product(s) returned resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the goods.

 

  1. LIABILITY

 

  • The company implements all measures to ensure the provision to the Customer, under optimal conditions, of quality product(s). However, it cannot be held liable for any failure or poor performance of all or part of the services provided under the contract which is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party outside the contract, or to a case of force majeure. More generally, if the company’s liability were to be engaged, it could in no case accept to compensate the Customer for indirect damages or damages whose existence and/or amount are not established by evidence.

 

  • The company cannot be held liable for damage caused by misuse of one of its products or for failure to respect usage precautions and hygiene, storage and safety conditions when using one of its Products/Services.

 

  • The Site may contain links to other sites not published or controlled by the company, which cannot be held responsible for the operation, content or any element present or obtained through those sites.

 

  • The establishment of such links or reference to any information, articles or services provided by a third party cannot and should not be interpreted as explicit or tacit endorsement by the company of those sites and elements or their contents.

 

  • The company is not responsible for the availability of these sites and cannot control their content nor validate advertising or information displayed on these websites.

 

  • It is expressly stipulated that the company cannot in any case be held responsible if the Customer’s computer equipment or email system rejects, for example due to anti-spam, emails sent by the company, including but not limited to the copy of the payment receipt, the Order summary, or the shipment tracking email.

 

  • The Customer is fully aware of the provisions of this article and in particular of the warranties and limitations of liability set out above, essential conditions without which the company would never have contracted.

 

  1. SECURITY

 

The Customer undertakes not to compromise the security of the Site. To this end, they agree not to carry out any fraudulent access and/or persistence in the company’s information system. The Customer may not damage or obstruct the company’s information system. If they do, the company may take any measure against them including initiating criminal liability under Articles 323-1 et seq. of the Criminal Code.

 

  1. INTELLECTUAL PROPERTY AND PERSONAL DATA

 

  • All elements of this Site and the Site itself are protected by copyright, trademark law, design rights and/or any other intellectual property rights. These elements are the exclusive property of the company. All rights are reserved worldwide.

 

  • The company name and brand, logos, designs, stylized lettering, figurative marks and all signs displayed on this Site are and will remain the exclusive property of the company.

 

  • No title or right to any element or software will be acquired by downloading or copying elements from this Site. It is strictly prohibited for the Customer to reproduce (except for their personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and its elements and software, nor to modify them or perform any work based on them, nor to sell or participate in any sale related to this Site, its elements or any related software.

 

  • The company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and cannot be assigned or transferred to any third party. The license is granted for the duration of Site use.

 

  • Any use by the Customer of the company’s trade names, trademarks and distinctive signs is strictly prohibited except with the company’s prior express agreement.

 

  • The company understands that data protection and privacy is an important issue for all internet users visiting the Site. The company undertakes, in accordance with GDPR regulations, to respect your privacy and to protect your personal data, i.e., data likely to identify you directly or indirectly as an individual.

 

  • In the course of ordering, the Company may collect the Customer’s personal data. The company undertakes to protect customers’ personal data.

 

  • Files containing personal data necessary for ordering are stored on the servers of the Site’s host. This provider claims compliance with the requirements of the General Data Protection Regulation (GDPR). The company does not disclose or trade customers’ personal data.

 

  • At the time of ordering on the Site, the Customer expressly consents to the collection and processing of their personal data necessary to carry out orders.

 

  • The personal data collected by the company is intended to enable the performance of the order. Personal data will not be kept longer than necessary for the purposes for which it was collected, including with regard to legal or fiscal obligations.

 

  • In accordance with Law No. 78-17 of 6 January 1978, as amended by Law No. 2004-801 of 6 August 2004 known as "Informatique et Libertés", and the General Data Protection Regulation (GDPR), subject to proof of identity, any Customer, regardless of nationality, has the right to access, modify and delete their personal data. Each Customer also has the right to request a restriction of processing and has, moreover, a right to data portability and a right to object to the processing of personal data concerning them.

 

  • For the application of this clause and to ensure confidential processing of Customer data, the company has designated, in accordance with the GDPR, a Data Protection Officer who can be contacted at: contact@elixirmiel.com

 

  • In any event, any Customer has the right to file a complaint with the CNIL.

 

  1. NEWSLETTER

 

  • By ticking the checkbox provided for this purpose or by giving express consent, the Customer agrees that the company may send them, at a frequency and in a form determined by it, a newsletter containing information related to its activity.

 

  • When the Customer ticks the box provided for this purpose during the registration process on the Site to place the Order, they agree to receive commercial offers from the company for Products similar to those ordered.

 

  • Customers may unsubscribe from the newsletter by clicking the unsubscribe link provided in each newsletter.

 

  1. TELEPHONE SOLICITATION OPT-OUT LIST

 

The Customer may register free of charge on the telephone solicitation opt-out list BLOCTEL (www.bloctel.gouv.fr) in order not to be telephoned by a professional with whom they do not have an ongoing contractual relationship, in accordance with Law No. 2014-344 of 17 March 2014 relating to consumption.

Any consumer can register free of charge on this list at: https://conso.bloctel.fr/index.php/inscription.php

 

  1. APPLICABLE LAW AND JURISDICTION

 

  • These Terms are governed and interpreted in accordance with French law, without regard to conflicts of law principles.

 

  • In case of a dispute arising from the interpretation and/or execution of these Terms, the Customer may choose to submit the dispute with the company to a conventional mediation procedure or any other alternative dispute resolution method.

 

  • In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the company adheres to the e-commerce mediation service "Médiation de la consommation & patrimoine" whose contact details are: 12 Square Desnouettes, 75015 Paris, France – https://mcpmediation.org/

You may use the mediation service for consumer disputes related to an internet order.

To learn how to refer a case to the Mediator: https://mcpmediation.org/saisir-le-mediateur/

 

  • It is recalled that mediation is not mandatory but is offered to resolve disputes and avoid recourse to the courts.

 

  • The Customer may also go to the European Online Dispute Resolution platform set up by the European Commission at: https://webgate.ec.europa.eu/odr/ which lists all approved dispute resolution bodies in France.

 

  • If this mediation procedure fails or if the Customer wishes to bring an action before a court, the rules of the Code of Civil Procedure will apply.

 

 

 

Annex 1

WITHDRAWAL FORM

 

Elixir Miel, 129 rue Servient, 69326 Lyon Cedex 03, France

contact@elixirmiel.com

06 03 76 42 04

 

I hereby notify you of my withdrawal from the contract for the sale of the following product(s)/service(s):

 

Ordered on:

Received on:

Order number:

Customer name:

Customer address:

 

Date:

 

Customer signature: