GENERAL TERMS AND CONDITIONS OF SALE FOR LANDEMA PRODUCTS
ON THE LANDEMA.COM WEBSITE FOR PROFESSIONAL CUSTOMERS
These general terms and conditions detail the rules applicable to the sale of LANDEMA Products offered by LANDEMA on the landema.com website (the "Site") to its professional customers.
The landema.com website for professionals is a service of the company Landema, SAS with capital of 500,000 euros, whose registered office is at 2760 route de Bélis, 40420 Le Sen and which is registered with the RCS of Mont-de-Marsan under number 902 953 215.
VAT: FR21 902 953 215
Website address: www.landema.com
E-mail address: contact@landema.com
Telephone number: +33 5 58 51 08 70
The landema.com website sells the following products: ingredients, plant raw materials and natural extracts for all types of professional or industrial use (or for the use indicated on the instructions for use for sales to private individuals), as well as any type of associated accessory.
The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing his/her order. Validation of the order therefore implies acceptance of the general terms and conditions of sale.
The General Terms and Conditions of Sale are supplemented by the General Terms and Conditions of Use of the Site as well as the Personal Data Protection Charter and the Cookie Management Charter.
Article 1 - Principles
These general terms and conditions express all the obligations of the parties. They form the sole basis of the commercial relationship between the parties and, as such, the buyer is deemed to accept them without reservation.
The customer accepts the general terms and conditions of sale by ticking the "I accept the GTCS" box when placing an order on the Site.
These general terms and conditions of sale take precedence over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or reservation, to all services provided by the seller to professional buyers.
The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, this condition would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
These general terms and conditions of sale are communicated to all purchasers prior to ordering and to enable them to place an order. They can be downloaded in PDF format.
These general terms and conditions of sale are applicable until they are amended.
Article 2 - Content
The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods and products offered by the seller to the buyer.
These conditions only apply to purchases made on this Website and delivered exclusively in mainland France and Corsica. For deliveries to French overseas departments and territories or outside France, please let us know so that we can provide you with a specific quote.
Article 3 - The order
The purchaser places his/her order online, using the online catalogue and the ordering system on the Site (shopping basket then order).
In order for the order to be validated, the purchaser must accept these general terms and conditions of sale by clicking where indicated on the Site. Acceptance will result in the seller sending a confirmation e-mail, in accordance with the conditions described below.
The buyer must choose the delivery address and method. Payment may be made by credit card, bank transfer or cheque. In the case of cheques, payment will be validated once the cheque has been cashed. In the case of a bank transfer, payment will be validated on receipt of the transfer.
Any order implies acceptance of the prices and descriptions of the Products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
In certain cases, notably non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved.
If a Product ordered is unavailable, the buyer will be informed by e-mail.
The order for this Product will then be cancelled and reimbursed if necessary, with the remainder of the order remaining firm and definitive.
Any modification subsequently requested by the customer that deviates from the initial agreement will incur an additional charge and may result in an extension of the delivery or service period.
For any questions relating to the processing of an order, the purchaser may :
- call the following number: +33 5 58 51 08 70 on the following days and at the following times: Tuesday to Friday from 10am to 1pm and from 2pm to 6pm,
- send an e-mail to the following address: contact@landema.com.
Article 4 - Electronic signature
The online provision of the buyer's bank details and the final validation of the order will constitute proof of the buyer's agreement. This will enable the seller to obtain payment of the sums due under the order form and will constitute signature and express acceptance of all operations carried out.
In the event of fraudulent use of bank details, the purchaser is invited, as soon as this is discovered, to contact the seller by calling the following number: +33 5 58 51 08 70, or by sending an e-mail to the following address: contact@landema.com.
Article 5 - Order confirmation
Confirmation of the order will be sent by e-mail once it has been validated by the buyer on the Site. The purchaser will receive a summary of their order which will be available in their customer area. The final invoice will be issued at the time of dispatch.
Article 6 - Proof of transaction
The computerised registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments that have taken place between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
The invoice can be downloaded from the customer's account on the Site.
Article 7 - Product information
The products governed by these general terms and conditions are those which appear on the Site and which are indicated as sold and dispatched by the seller. They are offered while stocks last.
The products are described and presented as accurately as possible. However, the seller may not be held liable for any errors or omissions in this presentation.
Product photographs are not contractually binding.
Article 8 - Prices
The seller reserves the right to change its prices at any time, but undertakes to apply the prices in force at the time of the order, unless there is an obvious bug (e.g. price at €0), subject to availability on that date. Prices are given in euros. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop.
The full price must be paid when the order is placed. At no time may the sums paid be considered as deposits.
If one or more taxes or contributions, particularly environmental, are created or modified, either upwards or downwards, this change may be passed on to the sale price of the products.
Prices do not include transport, transport insurance, packaging or any other customs duties, taxes, fees or charges of any kind that are not specifically mentioned in the order.
Article 9 - Method of payment
9.1 Payment
This is an order with a payment obligation, which means that placing the order implies payment by the buyer. Payment for the order may be made by bank card, bank transfer or cheque.
Payment by card is a secure transaction, with verification by telephone (SMS or validation via a banking application) now required by the vast majority of banks.
In the case of payment by cheque or bank transfer, the buyer has 30-15 days in which to send the payment to the seller. If no payment has been received by the seller by the end of this period, the order will be automatically cancelled and the stock reserved until then will be put back on sale.
An order confirmation e-mail is sent once payment has been confirmed and an order summary is provided. The final invoice is issued upon dispatch and can be downloaded from the buyer's customer account.
The seller reserves the right to suspend all order processing and deliveries in the event of refusal to authorise payment by officially accredited bodies or in the event of non-payment. In particular, the Vendor reserves the right to refuse to make a delivery or to honour an order from a purchaser who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.
The Seller undertakes to implement a secure payment system in accordance with current standards. Credit card details are not stored on the Site's servers.
The price is payable in full and in a single instalment when the order is placed, even if the buyer has 15 days following the order in the case of payment by cheque or bank transfer. The date of payment will be indicated on the invoice available for downloading from the customer's personal space on our Site.
The price must be paid in full on the day the order is placed, using the following methods:
- credit card (immediate debit)
- bank transfer (the order is confirmed and dispatched once the transfer has been received in the account)
- cheque (the order is confirmed and dispatched once the cheque has been cashed)
If payment is not received within 15 days of the order being placed, the seller reserves the right to cancel the order, which will result in the sale being cancelled. The payment made when the order was placed will then be returned to the buyer.
In the event of non-compliance with the above payment conditions, the seller may suspend or cancel the sale.
9.2 Late payment
Any delay in payment will result in all sums owed to the vendor by the purchaser becoming immediately payable, without prejudice to any other action that the vendor may be entitled to take against the purchaser in this respect.
Article 10 - Product availability
Except in cases of force majeure or during periods of closure clearly announced on the Site or by email, the delivery times will be, within the limit of available stocks, those indicated below.
Shipment times run from the date of registration of the order confirmation indicated on the order confirmation email. Orders are prepared and dispatched within 1 to 5 working days from receipt of payment. For any order involving large volumes, this period may vary. If this is the case, the seller will inform the customer.
For deliveries in France (mainland and Corsica), the delivery time is 2 to 5 working days from the date of dispatch.
If the product ordered is unavailable, the buyer will be informed as soon as possible and will have the option of cancelling the order. The purchaser will then have the option of requesting either a refund of the sums paid within 30 days of their payment, or an exchange of the product.
Article 11 - Delivery terms
The goods will only be dispatched once payment has been confirmed by the seller's bank.
Delivery is made within the period specified in Article 10, as from confirmation of the order following receipt by the seller of payment for the order.
Any subsequent modification required by the customer that deviates from the initial agreement will incur an additional charge and may result in an extension of the delivery period.
In the event of delay (i.e. a period of more than 10 working days between the order or receipt of payment and receipt), the seller may not be held liable for any reason whatsoever. Consequently, no claim for compensation of any kind whatsoever may be made by the buyer in this respect.
Prices do not include transport insurance, packaging or any other tax, duty or charge of any kind not specifically mentioned in the order.
The delivery charge depends on the weight of the parcel, the hazard class of the products and the location of the recipient of the order.
The products are delivered to the address indicated by the purchaser when the order was placed, and the purchaser must ensure that this address is correct.
Any parcel returned to the seller because of an incorrect or incomplete delivery address will be re-sent at the buyer's expense. At the buyer's request, an invoice may be sent to the billing address and not to the delivery address.
If the purchaser is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox or by e-mail or SMS, which will allow the purchaser to choose an instruction for delivery.
If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).
The purchaser must indicate on the delivery note and in the form of handwritten reservations accompanied by his/her signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.).
This verification is considered to have been carried out once the purchaser, or a person authorised by the purchaser, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered letter within two working days of receiving the item(s) at the latest, and send a copy of this letter by fax, email or post to the seller at the address given in the Site's legal notice.
If the products need to be returned to the seller, a request for their return must be made to the seller within 14 working days of delivery. Any claim made outside this period will not be accepted. Products may only be returned in their original condition (packaging, accessories, instructions, etc.), unopened and unused.
Article 12 - Delivery problems
The purchaser must notify the seller on the day of delivery, or at the latest on the first working day following delivery, of any claim of error in delivery and/or non-conformity of the products in kind or in quality in relation to the information given on the order form. Any claim made after this deadline will be rejected.
For the application of this clause, only manufacturing or design defects for which the company is entirely and exclusively responsible will be taken into consideration.
Complaints may be made, at the buyer's option :
- by contacting the seller on the following telephone number: +33 5 58 51 08 70
- by using the following e-mail address contact@landema.com
Any claim not made in accordance with the rules set out above and within the time limits set will not be taken into account and will release the seller from all liability towards the buyer.
On receipt of the complaint, the seller will contact the customer in order to resolve the problem.
In the event of a delivery error on the part of the seller, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, to the following address:
LANDEMA
Return pros product
2760 route de Bélis
40420 Le Sen
The return costs and responsibility for proper delivery, particularly in the case of dangerous and/or expensive materials, shall be borne by the seller.
Article 13 - Product guarantee - Complaints
The seller guarantees the purchaser against any lack of conformity of the products and any hidden defect, resulting from a defect in the design or supply of the said products, to the exclusion of any negligence or fault on the part of the purchaser.
In any event, in the event that the seller's liability is accepted, the seller's guarantee will be limited to the amount (excluding VAT) paid by the purchaser for the purchase of the goods.
The Customer must contact Customer Services to make a complaint. In the event of non-conformity with the product's technical specifications, Customer Service will indicate the procedure to follow and the information to provide (precise description of the problem, contradictory analysis of the product, photos, etc.). If the complaint is admissible, Customer Service will indicate the procedure to be followed (generally return or destruction of the product with certificate/proof) and will proceed with replacement or reimbursement.
Article 14 - Right of withdrawal
As the buyer is a professional purchasing within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for in the Consumer Code.
Article 15 - Force majeure
All circumstances beyond the control of the parties, preventing the performance of their obligations under normal conditions, are considered as grounds for exoneration from the obligations of the parties and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Force majeure" means any irresistible event or circumstance that is external to the parties, unforeseeable, unavoidable, beyond the control of the parties and that cannot be prevented by the parties, despite all reasonable efforts.
The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: blockage of means of transport or supplies, pandemics, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will meet to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the case of force majeure lasts for more than three months, these general terms and conditions may be terminated by the most diligent party.
Article 16 - Partial non-validation
If one or more clauses of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other clauses will retain all their force and scope.
Article 17 - Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general terms and conditions may not be interpreted for the future as a waiver of the obligation in question.
Article 18 - Applicable law
These terms and conditions are governed by French law.
The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or performance of the Contract.
If they are unable to do so, the parties will submit the dispute to the Commercial Court of Paris, to which jurisdiction is expressly granted, including in the event of summary proceedings and/or third-party proceedings.
The application of the Vienna Convention is expressly excluded.
Article 19 - Conditions of resale and use of the goods
The Customer is hereby informed that the products may not be used or consumed other than in accordance with the recommendations described on the Site. The products may not be used or consumed, in particular after their expiry date. They must be stored in an environment and at a temperature as specified both on the packaging and on the Site.
The customer must take care to check the storage requirements for each product purchased, both on the product packaging and on the Site.
In the event of the resale of Landema products packaged for sale to private individuals, in a physical boutique or on the Internet, the reseller/retailer undertakes to comply with the uses and instructions for use provided, and with the values of the Landema brand: Exigence, Conscience, Transparency.
By placing an order and accepting the GTC, the Customer acknowledges and certifies that the products purchased from Landema are not intended for pharmaceutical use (non-MPUP ingredients).
By placing an order with Landema for the product "Mugwort Essential Oil" and by accepting the GTC, the Customer acknowledges and certifies that the product is not intended for retail sale or for dispensing to the public outside the pharmacy monopoly (article L4211-1 of the French Public Health Code).
Article 20 - Intellectual property rights: Images and other Site content
The images, texts, graphics, information and characteristics illustrating the goods and any other element appearing on the Site are protected by copyright and, in general, by the principles of intellectual property law. They may not be copied, modified, placed on another site or published in any form without the prior written consent of the company. They have no contractual value and are given purely as an indication to help customers make their choice. Consequently, the company cannot be held liable for any errors or omissions concerning them.
Furthermore, the company may not be held liable for any damage caused to the customer's computer by the introduction of computer viruses propagating via the Internet network, damage caused by misuse of the Site, unauthorised reproduction and use of any element of the Site, damage caused by the interception of data as a result of computer piracy.
Article 21 - Exclusion of liability
The company may not under any circumstances and in any way be held liable for damage of any kind that may result from improper use or consumption of the products, or by any modifications to the products made by the customer or by the manufacturer.
In the event that the contractual liability of the company should nevertheless be sought for any reason whatsoever, the company shall only be liable for direct and foreseeable damage suffered by the customer and caused exclusively by his gross negligence or wilful misconduct, excluding any other damage such as, in particular, loss of earnings or profit, loss of expected savings, increase in general costs and expenses or any other indirect damage or loss.
The buyer guarantees to waive any recourse by its insurers or third parties contractually linked to it against the seller and its insurers. Any action against the seller must be brought within 12 months of the damaging event.
Article 22 - Collection of personal data
The personal data collected on this Site is as follows:
Account opening: when the user's account is created, his/her surname, first name, e-mail address, telephone number and postal address;
Connection: when the user connects to the website, it records, in particular, his/her surname, first name, connection data, usage data, location data and payment data.
Profile: when using the services provided on the website, a profile is created, which may include an address and telephone number.
Payment: when paying for the products and services offered on the website, the website does not record the customer's bank details.
Communication: when the website is used to communicate with other members, data concerning the user's communications is stored temporarily.
Cookies: cookies are used as part of the use of the site. Users can deactivate cookies using their browser settings.
You can find all the information on our site in the Personal Data Protection Charter and the Cookies Charter.
Last update: 24 MAY 2023
Your wishlist