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PREAMBLE
The company CBD Experience, SAS with a capital of 2000.00 euros, registered in the trade and companies register of Montpellier under the number n ° 838 639 854, makes available on its site www.saty-market.fr (hereinafter the "Site") a Marketplace called "Saty Market" (hereinafter "Saty Market") allowing individuals acting in their personal capacity, as a consumer, and having opened an account on the Site (hereinafter the "Buyers"), to be put in contact with professional sellers and individuals, having also opened an account on the Site (hereinafter "Sellers"), in order to buy products (hereinafter the "Products").
As part of Saty Market, CBD Experience acts as a simple intermediary and hosts the offers of Products offered by Sellers registered on Saty Market to Buyers.
CBD Experience is in no way reseller the products offered by the sellers on Saty-Market. Products sold on Saty-Market are clearly marked on the product sheets.
1/ SCOPE OF THE TERMS AND CONDITIONS OF USE SATYMARKET
These Saty Market terms and conditions apply to any order for Products made by a Buyer from a Seller on Saty Market. The applicable Saty Market General Conditions of Use are those in force on the date of placing the order by the Buyer. The placing of any order via Saty Market is subject to full and unreserved acceptance of these Terms of Use. Sellers are required to comply with the Saty Market Terms and Conditions and applicable regulations.
2/ ORDERS
2.1 Order process
All the offers of Saty Market are created and informed by the Sellers who are solely responsible for the completeness of the description provided, the conformity of the proposed Product to this description and the determination of the selling price.
It is also the responsibility of the Seller to provide the status of each Product offered for sale.
By clicking on the "Order" icon during the ordering process, and after having read the General Conditions of Sale, checked the contents of the order and, if necessary, after having modified it, the Buyer declares to accept fully and without reservation the entirety of the present general conditions of use Saty Market.
After having confirmed the contents of the order and accepted the present general conditions of use, and his obligation of payment of the order, the Buyer will definitively validate the order by his actual payment. The order will be valid and taken into account only from the payment of the Product.
The Buyer is informed of the acceptance of the order by the Seller by sending an order validation email.
Upon confirmation of the order, the Buyer is debited by CBD Experience the amount of Products purchased. Once the confirmation of the order has been confirmed, the data of the order will remain accessible to the Buyer in the section "History and details of orders" of the Site.
The Buyer is invited to evaluate the performance of the Seller on their shop profile at the end of the sale.
2.2 Price and payment of the product
The price of each Product is indicated excluding delivery charges, in the product description, on the quotation line corresponding to the selected Seller. If applicable, the delivery costs are added to the price of the Product before final validation by the Buyer, and are freely fixed by the Seller.
Buyers can make their payment by cash card.
Payment for orders placed via Saty Market is made to CBD Experience, which collects the funds on behalf of the Seller.
Any order from a Buyer who has not fully paid or has not fully paid a previous order or with whom a payment dispute is being administered may be refused by CBD Experience.
3/ SHIPPING AND DELIVERY
If the Seller confirms the order, even partially, he undertakes to ship and deliver or, where applicable, make available in store, within the deadlines indicated, the Products available in accordance with the terms and conditions chosen by the Buyer and to confirm the shipment of the Product (s) on its Seller interface.
The set of deadlines announced for the delivery or the provision in point withdrawal or in store of the products proposed by Sellers are informed directly by the Sellers. These deadlines correspond to:
- For home delivery and delivery in point withdrawal: processing time, preparation and shipping orders, and the delivery time of the carrier used by the Seller.
- For the provision in store: processing times and order preparation.
The deadlines mentioned above strat as soon as the Product order is validated.
The Buyer chooses the type of delivery that are proposed for each Product.
Products purchased from Sellers on Saty Market may be delivered in the following method:
- At home delivery: the order is sent to the address specified by the buyer.
- In store delivery: the order is delivered to the Seller's shop. The Buyer can pick up the order, as soon as the Seller has received it in the shop. When the Product is available in store, the Buyer receives an email informing that they can come to withdraw the Product.
- Immediate Withdrawal: the Buyer can come to withdraw their order, just after the purchase on the site, in the store of the Seller. If the product is available in store, no shipping costs will be applied.
In accordance with European regulations, the Buyer residing in a Member State of the European Union may place an order with a Seller marketplace. The Seller has no delivery obligation if they do not usually deliver in this country. Some sellers are eligible for delivery in Europe, the Buyer is informed during the placing of his order.
4/ RIGHT TO RETRACT
4.1/ Principle of the right of withdrawal:
In accordance with the provisions of Articles L. 221-18 of the Consumer Code, the Purchaser has a cancellation period of fourteen (14) calendar days starting from the day after the reception of the last Product of their order.
The Buyer may return, without having to justify any reason or to pay any penalties, except for the return costs which remain at their expense, any item, in a condition allowing its resale (assuming that it is returned in its original packaging or, at least, in a packaging allowing equivalent protection of the article during its return transport) and to request reimbursement.
To return one or more Products, the Buyer must contact the Seller by visiting the seller's store profile on the Site. The information concerning their order and their payment are accessible in their account, in the sections "History and details of my orders".
By selecting in the seller's shop profile, the Buyer accesses the internal messaging system of the Website by which they can send their request for withdrawal to the Seller, who will indicate by e-mail, the terms of return of the Product.
The return of a parcel must be carefully prepared according to the instructions given by the Seller, in particular it must be returned with all the delivered accessories (cords, warranties, notices, software, etc.) in its original packaging or, at all the least, in a packaging allowing equivalent protection of the Product, and sent to the address of the competent department which has been communicated to the Buyer by the Seller.
The buyer has fourteen (14) days to return the product to the seller.
In accordance with the legal provisions, the seller:
- Has fourteen (14) days to refund the buyer, from the date on which they are informed of their decision to retract.
- May defer repayment until recovery of property.
CBD Experience will proceed to the reimbursement of the Buyer in behalf of the Seller and this via the same means of payment as that used to pay their order. Thus, if the Buyer has paid their order using a cash card, CBD Experience will refund the Buyer by credit on their cash card.
4.2 Exceptions to the right of withdrawal
It is expressly recalled that according to the article L. 221-28 of the Code of the consumption, except agreement of the Seller, the right of retraction can not be exerted for the contracts:
- Supply of services fully performed before the end of the withdrawal period and whose performance has begun after express prior consent of the consumer and express waiver of their right of withdrawal;
- Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and likely to occur during the withdrawal period;
- Supplies of goods made to the consumer's specifications or clearly personalized;
- Supplies of goods likely to deteriorate or expire quickly;
- Supplies of goods that have been unsealed by the consumer after delivery and that can not be returned for hygiene or health protection reasons;
- Supplies of goods which, after being delivered and by their nature, are inseparably mixed with other articles;
- Alcoholic beverage supplies whose delivery is deferred beyond thirty (30) days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the professionals’ control;
- Supplies of digital content not provided on a physical medium whose execution has begun after express prior agreement of the buyer and expressly waived his right of withdrawal.
5/ GUARANTEES
Sellers must ensure the Buyer the exercise of legal guarantees (product conformity, hidden defects) and may offer guarantees such as manufacturer's warranties which are then specified in the comment of the Seller offer. For any question regarding the warranties relating to the Products offered via Saty Market, the Buyer also has the possibility - before placing an order - to put a question to the Seller using the "Contact Shop" feature.
6/ CBD Experience ROLE
CBD Experience acts as a simple intermediary between Sellers and Buyers on Saty Market, and is not a reseller of Products offered by the Sellers (clearly identified on the Site as specified in the preamble).
In application of the law n ° 2004-575 of June 21, 2004 for the confidence in the digital economy (LCEN), the responsibility of CBD Experience can not be committed because of the contents made available on the Site by the Sellers (price , Product descriptions, Visuals of Products ....) or Buyers, unless CBD Experience did not make them promptly inaccessible after their manifest wrongfulness was notified to them under the conditions provided by the LCEN.
Therefore, any claim must be addressed by the Buyer to the Seller. The Seller is solely responsible for the processing of claims and after-sales services related to the Products it sells on the Site via Saty Market. CBD Experience reserves the right to intervene in arbitration if the Seller does not provide a response to a request or does not settle a dispute opened by the Buyer within two (2) business days.
7/ PERSONAL DATA
7.1 General provisions
CBD Experience and the seller are jointly responsible, within the meaning of Article 26 of the RGPD, the processing of personal data of the buyer collected as part of his order.
The personal data of the Buyer collected as part of their order are processed to ensure the management and monitoring of the order, the customer relationship, the provision of after-sales service. This data may also be processed for the implementation or compliance with legal and / or regulatory obligations of CBD Experience or the Seller.
The data is finally processed for the commercial prospecting of the buyer by CBD Experience (based on the consent of the buyer or their legitimate interest).
As a general rule, the personal data of the Buyer are kept in the European Union. However, since some of the Sellers or our service providers are located in countries outside the European Union ("Third Countries"), CBD Experience and / or the Seller transfers some of its data to Third Countries. This can be the case, for example, for third countries for which the European Commission has not assessed the level of conformity.
In such a case, CBD Experience and / or the seller shall ensure that such transfer is made in accordance with the applicable regulations and guarantee an adequate level of protection of the privacy and fundamental rights of the buyer (including by the use of standard contract clauses of the European Commission).
Upon simple request to the data protection delegate, the data protection delegate can provide more information to the buyer about these transfers.
The personal data of the buyer are kept the necessary time to achieve the purposes of treatment in accordance with the privacy policy.
In the absence of any directive, the buyer’s heirs may contact CBD Experience in order to
- access to data processing allowing "the organization and settlement of the estate of the deceased ».
- to have the account of the buyer closed on the site and / or oppose further processing of his data.
In any case, the Buyer has the opportunity to indicate to us, at any time, that he does not wish, in the event of death, that his data be communicated to a third party.
8/ MEDIATION
The European Commission has set up a dispute resolution platform to collect potential consumer complaints following an online purchase for subsequent transmission to the relevant national ombudsmen.
9/ NULLITY
In the event that any of the provisions of these Terms of Use Saty Market would be considered illegal or unenforceable by a court decision, the other provisions remain in force.
10/ APPLICABLE RIGHTS AND DISPUTE SETTLEMENT
These general conditions are governed by French law. Any dispute relating will be submitted to the French courts.