CUS

1. APPLICATION – The present General Conditions of Sale apply to sales conducted via the website accessible via the url https://greenkey.bzh (hereinafter the ‘Site’), between the company SODIEVE, a simplified joint-stock company with a share capital of €20,000, registered with the RCS in Brest under the number 830 821 906, whose registered office is Route de Mespaul, Beauregard, 29420 Plouénan (hereinafter the ‘Seller’) and any consumer purchaser defined as a natural or legal person acting for purposes which are not part of their commercial, industrial, artisanal, self-employed or agricultural activity (hereinafter the ‘Customer’).

The Seller specialises in the purchase, sale and distribution by any means of all food products, food supplements and nutritional supplements in liquid form (beverages, juices, extracts or otherwise) or in solid form. The Seller reserves the right to modify the General Conditions of Sale on occasion, which will then apply as soon as they are put online. The General Conditions of Sale applicable are those online at the time of the Customer’s order.

PRODUCTS – The products concerned are beverages, juices based on different vegetable extracts: mushrooms, fruit and vegetables, algae etc. marketed by the Seller, and prepared according to the raw materials available to the manufacturer. By their nature, the composition of the recipes of these juices will evolve, notably with regard to the seasonality of the crops and the vagaries of production and climate. The Customer acknowledges that he/she has been warned that the taste and/or the colour of the ordered products are therefore liable to vary from one product to another, including products with the same commercial name. The main characteristics of the products, indications of capacity and storage conditions are presented on the Site. The products are prepared in a workshop that may contain traces of celery. The Customer is invited to take notice of this information before ordering. The Customer is warned that the goods sold on the Site are not therapeutic or medicinal products.

2. Product offers are subject to availability. Indeed, because of the nature of the products, their storage capacity is limited by time.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions do occur with respect to this presentation, the Seller has no liability. The photographs of the products are not contractual. It is specified that the products marketed by the Seller are not pasteurised and do not contain preservatives. The Customer is strictly obliged to respect the product storage conditions (sheltered from light, temperature conditions, cold chain etc.) which are indicated on the Site and on the bottle, and the expiry date is indicated on the cap of each product. Any open product must be consumed within two days.

3. ORDERS – Any order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale, which must be read by the Customer and then accepted by ticking the box provided for this purpose before ordering online. In order to place an order, Customers must create a customer account specifying a valid email address, exact mailing address and telephone number. For first orders, the Customer must follow the procedure for creating an account indicated on the Site. For all subsequent orders, the Customer must identify themselves via their email address and password. In the event of a password being lost or forgotten, the Customer can ask for it again by going to their account and clicking ‘I have forgotten my password’. They will then receive their password via the email address communicated at the time of registration. The password is strictly confidential. The Customer undertakes not to communicate it to a third party. The Seller cannot be held responsible for any action carried out by a third party to which the Customer has communicated their identification details or who would have had access to these details due to a fault or negligence by the Customer. The Customer shall ensure that the information provided at the time of registration is correct, complete, honest and genuine, and regularly updated by the Customer. Due to the nature of the products, their non-professional purpose and the storage conditions mentioned above, the Seller reserves the right to limit the number of products that can be ordered simultaneously.

The Customer can check details of their order, total price and correct any errors, before validating it. Once the order has been validated by the Customer, the Seller will send them an email confirming the order, to the address indicated on the customer account.

Any order placed on the Site and validated by the Seller constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
In certain cases, in particular in case of payment default, wrong address or another problem with the Customer’s account, the Seller reserves the right to suspend the Customer’s order until the problem is resolved. In addition, the Seller reserves the right not to validate the order for any legitimate reason, in particular in the event that the order does not comply with these General Conditions of Sale and/or one or more previous orders has not been paid in full by the due date, and/or several serious and concordant elements would give rise to a suspicion of fraud about the order, and/or if the quantities ordered, by means of one or more orders, would be abnormally high in relation to the quantities usually ordered by purchasing consumers.

The Customer is informed that, when ordering, nominative data will be processed by computer. The Customer is invited to refer to article 15 of these General Conditions of Sale to obtain more information.

4. PRICES – The price of the products is indicated on the Site, expressed in Euros, including and excluding tax. Prices including tax apply the VAT applicable on French territory on the day of the order. These prices are firm and remain in effect as long as the products are displayed on the Site. The applicable price is that in effect at the time of the Customer’s order. The Seller reserves the right to modify these prices at any time. The displayed price does not include the costs of shipping, transport and delivery, which are calculated in addition to the initial price and are indicated to the Customer prior to ordering.

The payment requested from the Customer corresponds to the total amount of the purchase, including VAT and its cost.

If one or more taxes or other contributions, in particular environmental taxes, were to be created or modified, either increased or decreased, this change may be passed on to the selling price of the products present on the Site.

Prices shown on the Site apply only to products sold on the Site.

5. PAYMENT – The price is payable in full, in Euros, on the date the order is placed by the Customer by means of secure payment, online by valid bank card or through the Customer’s Paylib or PayPal account.

For payments by bank card, Customers are informed that the cards accepted are American Express, Visa, MasterCard and Carte Bleue.

When finalising their order, the Customer is asked to enter their card number, card expiry date and the last 3 digits of the visual cryptogram on the back of the card.

The total amount of each order cannot exceed €1,500, subject to special limitations relating to the SogeCommerce module. In addition, only bank cards originating from a country to which the Company delivers will be accepted.

Depending on the ‘3D Secure’ security system available to Visa (‘Verified By Visa’) or Mastercard (‘MasterCard SecureCode’) cardholders, the Customer’s bank will also ask the customer to authenticate their order with confidential information to be entered on the bank’s website.

Bank card payments are debited at the time the order is validated, provided that authorisation has previously been obtained from the appropriate payment centre to debit the customer’s account, failing which the order cannot be taken into account. In cases where products are unavailable, only the total of the products actually sent will be debited.

When choosing Paylib payment, the Customer is redirected to Paylib’s secure server and will be able to access their Paylib account, an internet payment solution with mobile phone validation, if they have access to this functionality, to follow the purchasing process until validation of payment on their online banking space.

When payment is made via Paylib, the order is registered when the Customer has validated their payment on their online banking space.

When choosing online payment via PayPal, the Customer will automatically be directed to their PayPal account. Once the PayPal payment has been validated, the Customer can complete their order on the Seller’s Site. PayPal’s general terms and conditions are available at https://cms.paypal.com/fr/.
Payment data is exchanged in encrypted mode using the Secure Socket Layer (SSL) protocol.

The Seller shall not be obliged to proceed with the delivery of products ordered by the Customer if the latter does not pay in full the price according to the conditions indicated above.

Payments made by the Customer will be considered as final only after actual receipt by the Seller of the sums due.

The Seller reserves the right, in the event of non-compliance with the payment conditions mentioned above, to suspend or cancel the delivery of Customer orders in progress.

6. DELIVERYMainland France: Products delivered in mainland France will be to the address indicated by the Customer at the time of their order or at the Point Relais® chosen by the Customer. All orders made before 8am will be delivered in mainland France before 1pm the following day. In the case of deliveries to islands off the mainland, the indicated period may be extended by one day, depending on the geographical area concerned. In other cases, an indicative period may be given. Beyond mainland France: products will be delivered within a maximum of 15 days, to the delivery address indicated by the Customer when ordering on the Site, except in the case of force majeure. It should be noted that deliveries cannot be made to countries not served by our partner, Chronopost, internationally. For more details, the Customer is invited to refer to the information available on the ‘Delivery’ tab and, in particular, our partner’s (Chronopost) habitual delivery times for parcels sent abroad, according to the country in question.

The Seller will make every effort to respect the delivery time indicated to the Customer at the time of ordering. In accordance with Article L216-2 of the French Consumer Code, in the case of a failure to fulfil delivery by the expiry of the indicated delivery period or, failing that, at the latest 30 days after the order, the Customer can resolve the order, by registered letter with acknowledgment of receipt or by writing in another durable medium, if, after having ordered the Seller to make the delivery within a reasonable period of time, the latter did not execute delivery within that period. In the event of a resolution of the order, the Seller will refund the Customer the sums paid, at the latest within 14 days following the date of denunciation of the order, excluding any additional compensation.

When ordering, the Customer must indicate any useful information, in particular their name, their precise address, as well as the place and the mode of delivery selected. In the absence of clearly stated instructions, the Seller shall choose the method of dispatch which it deems most appropriate without assuming any liability in this respect or admitting any claim concerning the carriage. Deliveries are made according to availability and in the order of arrival of orders and subject to technical capacities.

In the case of force majeure affecting the execution of orders, no compensation, retention or cancellation of the orders in progress can be demanded by the Customer, in particular for partial delivery, non-delivery or a delay in delivery.

The Customer can contact the Seller by email, at the address contact@greenkey.bzh, to follow the execution of their order.

In the event of a specific request from the Customer concerning the packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional invoice, at a price previously agreed in writing by the Customer.

Except in special cases, the products ordered will be delivered in one batch.

When the Customer has chosen to use a carrier of their choice, delivery shall be deemed to have been effected as soon as the Seller has delivered the goods sold to the carrier, and the latter has accepted them without reservation. The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery.

In the case of delivery to a country other than mainland France, the Customer shall be deemed to be the importer of the product(s) concerned. All local taxes, customs duties or other services to be paid for are the exclusive responsibility of the Customer. It is the Customer’s responsibility to conduct all the formalities and to obtain all the necessary authorisations from local authorities for the acquisition and entry into the territory of the products and to ensure that the products comply with the local legislative and regulatory provisions in force.

Delivery costs are generated automatically during the ordering process. The Seller applies delivery rates differentiated according to gross weight as well as the total amount of the order, the geographical area to which delivery is to be made and the mode of transport.

Delivery costs are shown on the order confirmation. These costs include a contribution to the costs of preparation and packaging, postage costs and transportation costs. Delivery costs are applied to each order placed.

7. RECEIPT – The Customer is obliged to check the apparent condition of the products delivered. They shall have two (2) days from receipt to inform the Seller in writing of any reservations or claims for non-conformity or apparent defect of the products delivered (missing product, damaged packaging), accompanied by any documentary evidence. After this period and failing to comply with these conditions, the products will be deemed to be free from any apparent defects and no claim can be validly accepted by the Seller.

8. TRANSFER OF OWNERSHIP AND RISKS – The transfer of ownership of the Products is carried out after full payment of the price by the Customer. The risk of loss or damage of the products is transferred to the Customer at the moment when the latter or a third party designated by them, and other than the carrier suggested by the Seller, takes physical possession of the products.

If the Customer themselves has chosen to use a carrier of their choice, risk transfer of the Company’s products to the Customer will occur as soon as the goods have been delivered to the carrier by the shipper or the Seller.

9. RIGHT OF WITHDRAWAL – In accordance with article L221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from the day of receipt of the product to exercise their right of withdrawal, without penalty, with the exception of the costs of returning the goods, which remain the responsibility of the Customer. This right can be exercised online, using the withdrawal form available on the Site. The Seller will communicate, without delay, to the Customer an acknowledgment of the receipt of this withdrawal via a durable medium. The Customer may also proceed by any other unambiguous declaration expressing their will to withdraw. Returns are to be made in their original state and complete, allowing them to return to the market in new condition, accompanied by the purchase invoice. The Seller will then reimburse the Customer for all amounts paid, including delivery charges, no later than fourteen (14) days from the date on which they are informed of the Customer’s decision to withdraw.

However, in accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for:
(4) The supply of goods liable to deteriorate or to perish rapidly;
(5) 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) The supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles.

Consequently, the Customer acknowledges and accepts that the product orders covered by these provisions are not subject to the right of withdrawal.

10. PROMOTION – DISCOUNT CODE – For any possible promotions on the Internet or offers sent by email to an address applicable to an order, a valid discount code (also known as a ‘promotional code’) must be entered in the corresponding section of the basket on the Site by the Customer. The Seller cannot be held responsible for not having applied the discount if no valid code has been entered. Discount codes for the Site are not valid in any physical shops. Promotional codes are not cumulative and do not apply to orders already registered.

When a discount code or promotional offer applies to multiple products, the total value of the promotional offer or reduction is divided proportionately between each product.

Seller’s promotional codes may be provided to affiliated third parties by email, catalogue, social media, research or other means of advertising. The Seller reserves the right to limit or modify at any time the conditions of use of these promotional codes.

Promotional codes are limited to one use per Customer and only one promotional code can be used per transaction. If the Seller is not able to accept a discount code entered, it is because it has expired or the maximum level of use for the promotion has been exceeded. The Seller then informs the Customer at the time of the purchase procedure if the reduction is not applied.

Promotional codes cannot be redeemed for cash or combined with other promotions or promotional codes. When the promotional code entitles the Customer to a percentage discount, it does not apply to the delivery cost. Discount codes do not apply to discounted items, promotions and/or destocking operations, unless otherwise specified.

11. GUARANTEES – The products sold on the Site comply with the regulations in force in France and have the benefit of:

  • Statutory warranty of conformity, for products which are apparently defective, spoiled or damaged or which do not correspond to the order,
  • Of legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unsuitable for use.

Within the framework of the legal guarantee of conformity, the consumer Customer:

  • Has a period of two years from the issue of the goods to act against the Seller.
  • Can choose between the repair or replacement of the ordered product, subject to the conditions of cost stipulated by article L217-9 of the Consumer Code.
  • Exemption from proof of the lack of conformity of the product during the 24 months following the delivery of the product.
  • The legal guarantee of conformity applies irrespective of the commercial guarantee that may cover the product.
  • The Customer may decide to implement the guarantee against hidden defects in accordance with article 1641 of the Civil Code. In this case, they can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

The Seller cannot be held liable for non-compliance with the laws and/or regulations of a country other than France in which the Products are delivered. It is the Customer’s responsibility to verify this compliance before placing an order.

The Customer will take into account the ‘fresh’ nature of the products and their expiry date in order to formulate any request within a timeframe compatible with these elements.

The cost of sending products that are actually non-compliant or defective will be reimbursed on the basis of the invoiced price and the return costs will be refunded upon presentation of the documents within fourteen (14) days of the Seller finding a fault with compliance or hidden defect. The Seller’s guarantee is in any case limited to the replacement or the reimbursement of products which do not conform or have a defect.

The Seller cannot be held liable for any misuse, use for which the product is not intended, use for professional purposes, negligence or lack of care by the Customer, as in the case of non-compliance with the deadline for consumption or force majeure.

The Customer is solely responsible for the choice of products, their conservation and their use.

The Seller shall not be held liable or at fault for any delay or failure due to an event attributable to the Customer, an unforeseeable and insurmountable event at a third party to the contract, an act of god or the occurrence of a case of force majeure usually recognised by French jurisprudence or an unforeseen event.

Similarly, the Seller cannot be held liable for inconvenience or damage inherent in the use of the Internet, such as a breach of service, external intrusion or the presence of computer viruses.

Except as otherwise required by law, the Seller’s liability shall in no case exceed the value of the products invoiced for that particular order.

In addition, if the Products were to be purchased by the Customer in order to satisfy their professional needs, the Company shall not be liable for any indirect damages, loss of operations, loss of profit, damages or expenses that may occur.

12. EXCEPTION CLAUSE – Failure by any party to fulfil their obligations arising from this agreement shall automatically bring about the other party’s right to refuse to execute or suspend the performance of its own obligations.

13. FORCE MAJEURE – The events defined in Article 1218 of the French Civil Code and the cases usually recognised as such by French jurisprudence are considered as cases of force majeure. The obligations of each party shall resume as soon as the event constituting force majeure ceases. If the case of force majeure lasts more than fifteen (15) days or if the sale is definitively impossible, the order will be cancelled at the request of the most diligent party, without any compensation whatsoever.

14. PROOF OF TRANSACTIONS – Computerised records kept in the Seller’s computer systems under reasonable security conditions shall be considered as evidence of communications, orders and payments made. The archiving of orders and invoices is conducted on a reliable and durable medium that can be produced as proof.

15. PERSONAL DATA – Personally identifiable information and personal data concerning the Customer are necessary for the management of their order and commercial relations with the Seller. These data may be communicated to companies responsible for executing orders. This information and data are kept for security purposes in order to comply with the Seller’s legal and regulatory obligations. In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access, rectify and oppose all personal data at any time by writing, justifying their identity, to the Seller’s address.

The processing of information communicated through the Seller’s website was the subject of a declaration with the CNIL on 11/10/2017 under the number 2108245.

The Customer is informed that the Site uses cookies. A cookie is a computer file, stored on the hard disk of the user’s computer. Its purpose is to report a previous visit to the site. Cookies are used by the Seller only for the purpose of personalising the service offered to the Customer. Thus, the Seller offers the user the possibility of facilitating navigation by recording information relating to the navigation of their computer on the site, in particular the connection parameters for their account.

The Seller informs the user that they can oppose the registration of cookies by configuring their browser to this effect and by changing the parameters by clicking on a link to ‘Learn more and set cookies’ present in the information banner. They then lose the ability to customise the service that is delivered to them. It is stipulated that the continuation of their navigation, after appearance of the information banner, equals the agreement of the internet user to the deposition of cookies on their terminal.

The link ‘Learn more and set cookies’ leads to a page where solutions are presented to accept or refuse all or some cookies. This page is accessible without the deposition of cookies. The user is also informed that certain web pages on the Site may contain web beacons (hereinafter ‘beacons’) which allow the number of visitors to the site to be counted and/or to provide the Seller with a certain number of indicators. These beacons may be used with some of the Seller’s partners, in particular to measure and improve the Site’s efficacy. In any event, the information obtained via these beacons is strictly anonymous and merely collects statistics on the use of certain pages of the Site, in order to better serve site visitors.

16. INTELLECTUAL PROPERTY – The content of the Site, including the illustrations, images and texts reproduced, is the property of the Seller. Any reproduction or total or partial representation of the Site and its content is strictly prohibited and is liable to constitute an offence of counterfeiting. The Seller is the owner of the GREEN KEY trademarks (French trademark no. 4373822 and European trademark no. 16957466), the reproduction and/or use of which is prohibited without authorisation. Reproduction and or unauthorised use of all partner trademark(s) is also strictly prohibited. None of the documents and/or texts and/or images from the Site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way, without the express written permission of the Seller. The recipes for the juices marketed by the Seller are the property of the Seller and/or its partners and their reproduction and/or use without authorisation is strictly prohibited.

17. GENERALITIES – If one or more of the provisions of these conditions were held to be invalid or declared to be invalid or unenforceable under a law, regulation or as a result of a final decision of a competent court, all other stipulations of the Seller’s general conditions of sale shall retain their full force and effect.

The fact that the Seller does not invoke the Customer for a breach of any of the obligations referred to in these general conditions of sale cannot be interpreted as a waiver of the obligation in question in the future.

18. APPLICABLE LAW, JURISDICTION – These general sales conditions and all orders made through the www.greenkey.bzh site are subject to French law. All disputes arising out of the sale of the products hereunder, whether as to their validity, interpretation, execution, termination, consequences and repercussions and which could not be resolved between the Seller and the Customer, shall be subject to the courts competent under common law.

In the event of a dispute with professionals and/or traders, the courts of the city of BREST (France) will have sole jurisdiction to hear all disputes to which sales concluded pursuant to these conditions could give rise, concerning their validity, interpretation, execution, termination, consequences and repercussions, notwithstanding the plurality of defendants or warranty proceedings.

These general conditions of sale were originally written in French. Should they be translated into one or more languages, only the French text shall prevail in the event of a dispute.

The consumer customer is informed that they can use conventional mediation, in particular with the Commission for consumer mediation or with the existing sectoral mediation bodies, or with any alternative means of dispute settlement in the event of a disagreement.

 

ANNEX I
PROVISIONS RELATING TO LEGAL WARRANTIES

Article L217-4 of the French Consumer Code

The Seller delivers goods conforming to the contract and is liable for defects of conformity existing at the time of issue. The Seller also answers to defects in conformity resulting from the packaging, assembly instructions or the installation when this was charged to it by the contract or was carried out under its responsibility.

Article L217-5 of the French Consumer Code

A good complies with the contract:
(1) If it is suitable for the customary use of a similar good and, where appropriate:
– It corresponds to the description given by the Seller and possesses the qualities which they have presented to the buyer in the form of a sample or a model;
– If it presents the qualities that a buyer can legitimately expect in view of public statements made by the Seller, the producer or their representative, in particular in advertising or labelling;
(2) Or if it has the characteristics defined by mutual agreement by the parties or is specific to any special purpose sought by the Customer, brought to the knowledge of the Seller and which the latter has accepted.

Article L217-12 of the French Consumer Code

Action resulting from the lack of conformity shall lapse after two years from the delivery of the goods.

Article L217-16 of the French Consumer Code

Where the buyer asks the Seller, during the course of the commercial guarantee granted to them at the time of the acquisition or repair of a movable good, to conduct a repair under warranty, at least seven days in addition to the remaining warranty period is granted. This period shall run from the buyer’s request to intervene or the making available for repair of the goods in question, if this availability is subsequent to the request for intervention.

Article 1641 of the French Civil Code

The seller shall be liable for hidden defects in the goods sold which render them unsuitable for the purpose for which they are intended or which reduce their use so much that the purchaser would not have acquired them or would have paid a lesser price if they had been known.

Article 1648 paragraph 1 of the French Civil Code

Action resulting from defects shall be instituted by the purchaser within two years of the discovery of the defect.

 

ANNEX II

WITHDRAWAL FORM

This form should be completed and returned only if the Customer wishes to withdraw from the order placed on the www.greenkey.bzh Website.

For the attention of:

SODIEVE
A simplified joint-stock company with a share capital of €20,000
RCS Brest 830 821 906
Registered office: Route de Mespaul, Beauregard, 29420 Plouénan

I hereby give notice of withdrawal from the contract for the order below:

– Order of
– Order number: …………………………………………………..
– Customer name: …………………………………………………………………
– Customer address: ……………………………………………………………..

Customer’s signature (required only when this withdrawal is presented in paper form)