TERMS AND CONDITIONS OF SALE AND USE

These general terms and conditions of sale (hereinafter the "General Terms and Conditions" or "GTC") apply to any purchase made by an individual (hereinafter the "CLIENT") on the website www.aaaseedz.com (hereinafter the "SITE") from Triple A Fairtrade Bank, 15 rue des Halles 75001 Paris. Mail: [email protected].

Triple A Fairtrade Bank sells in its SHOP and through its WEBSITE collectible seeds, goodies ... non-exhaustive list. The present General Conditions are intended to govern the sale and DELIVERY of PRODUCTS ordered from Triple A Fairtrade Bank via the SITE. They are accessible and printable at any time via a hypertext link at the bottom of the page.

IMPORTANT : Any order placed on the SITE implies the CUSTOMER's unreserved acceptance of these terms and conditions of sale.

1. Definitions

The terms used below have the following meanings in these General Terms and Conditions:

"BOUTIQUES": refers to permanent physical points of sale.
"EPHEMER SHOPS": refers to ephemeral points of sale (e.g. Christmas markets, concept stores, department store stands, etc.).
"CLIENT": refers to the co-contractor of Triple A Fairtrade Bank, who guarantees to be a consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CLIENT acts outside of any usual or commercial activity.
"ORDER": means the purchase of PRODUCTS by a CLIENT from Triple A Fairtrade Bank.
"ACCOUNT": refers to all data provided by the CUSTOMER, hosted on the SITE. The ACCOUNT is accessed via the CUSTOMER'S IDENTIFIERS, which allow access to the CUSTOMER'S PERSONAL AREA.
"PERSONAL AREA": refers to the space dedicated to the CUSTOMER associated with his/her ACCOUNT, which enables him/her to manage all ORDERS placed via the SITE.
"IDENTIFIER": refers to the e-mail address and password chosen by the CLIENT, required to access his/her ACCOUNT on the SITE.
"DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of the ORDER.
"PRODUCTS": refers to all collection seeds, goodies, etc. marketed by Triple A Fairtrade Bank on the SITE.
"TERRITORY": refers to the CE Zone, Metropolitan France and Corsica.

2. Object

These Terms and Conditions govern the sale of PRODUCTS via the SITE. The CLIENT is clearly informed and acknowledges that the SITE is intended for consumers. Professionals may contact Triple A Fairtrade Bank's sales department in order to benefit from specific contractual conditions.

The CLIENT is expressly informed that these General Terms and Conditions do not apply to the purchase of PRODUCTS in the BOUTIQUE. The contractual conditions dedicated to the sale of PRODUCTS in the SHOP can be consulted in the SHOP.

3. Acceptance of terms and conditions

The CUSTOMER agrees to carefully read and accept the present General Terms and Conditions before proceeding with the payment of a PRODUCT ORDER. The present General Conditions are referenced at the bottom of each SITE page by means of a link and must be consulted and expressly accepted before placing an ORDER. The CUSTOMER is invited to carefully read, download and print the General Conditions and to keep a copy.

Triple A Fairtrade Bank advises the CLIENT to read the General Terms and Conditions with each new ORDER, as the latest version of the said Terms and Conditions will apply to all new PRODUCT ORDERS. By clicking on the "Order" button to place the ORDER, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.

4. Website registration

In order to purchase a PRODUCT, the CLIENT must be at least 18 years of age and have legal capacity or, if he/she is a minor, be able to justify the agreement of his/her legal representatives. The CLIENT's registration on the SITE is free of charge.

- 4.1 Time of registration

In order to place an order, the CLIENT is invited to register on the SITE, i.e. to create an ACCOUNT. Every CLIENT has the option of registering when visiting the SITE for the first time. In any case, they must register at the latest when validating their ORDER.

- 4.2 Registration procedure

To open an ACCOUNT, the CLIENT must :

Fill in the registration form and provide all the required information, including surname, first name, date of birth and e-mail address. The sign (*) indicates the mandatory fields that must be filled in for the CLIENT's registration to be processed by Triple A Fairtrade Bank. Choose IDENTIFIERS, i.e. an e-mail address and a password that can be changed at any time. We recommend that you change your password regularly.

Any incomplete registration will not be validated, which the CLIENT acknowledges and accepts. The information provided by the CLIENT to Triple A Fairtrade Bank at the time of registration must be complete, accurate and up-to-date. Triple A Fairtrade Bank reserves the right to ask the CLIENT to confirm, by any appropriate means, his/her identity, eligibility and the information provided. The CLIENT's registration automatically leads to the opening of an ACCOUNT in their name, giving them access to a PERSONAL AREA which enables them to manage their PRODUCT ORDERS. At the end of this process, the CLIENT will receive an e-mail confirming registration. The CLIENT agrees to create a single ACCOUNT on the SITE.

The CLIENTS guarantee that all the information they provide in the registration form is accurate, up-to-date and sincere, and is not misleading. They undertake to update this information immediately in their PERSONAL AREA in the event of any changes, so that it always corresponds to the aforementioned criteria. The CLIENTS are informed and accept that the information entered for the purposes of creating or updating their ACCOUNT constitutes proof of their identity. The information entered by CLIENTS is binding on them as soon as it has been validated. CLIENTS can access their PERSONAL AREA at any time by entering their IDENTIFIER. The PERSONAL AREA allows the CLIENT to consult all his ORDERS made on the SITE, and also allows him, where applicable, to track the DELIVERY of PRODUCTS. Triple A Fairtrade Bank undertakes, however, to keep securely all contractual elements whose retention is required by law or regulation.

In the event of a CLIENT's breach of these registration provisions, Triple A Fairtrade Bank may send the CLIENT an e-mail, giving the CLIENT a period of seven (7) working days to comply with these provisions. This e-mail will indicate the alleged grievances and the obligations alleged to have been breached. At the end of this period, Triple A Fairtrade Bank may suspend the CLIENT's ACCOUNT. Should the CLIENT fail to comply within a further period of seven (7) working days, Triple A Fairtrade Bank may cancel the CLIENT's ACCOUNT. In case of pending ORDERS, these will have to be paid by the CLIENT and delivered by Triple A Fairtrade Bank. This exclusion is not exclusive of the possibility, for Triple A Fairtrade Bank, to undertake legal proceedings against the CLIENT, when justified by the facts.

- 4.3 IDENTIFIER management

The CLIENT shall be solely responsible for the use of its IDENTIFIERS or actions taken through its ACCOUNT. In the event that a CLIENT discloses or uses his/her IDENTIFIERS in a manner contrary to their intended purpose, Triple A Fairtrade Bank may terminate the ACCOUNT without notice or compensation.

Under no circumstances will Triple A Fairtrade Bank be held responsible for the usurpation of a CLIENT's identity. All access and actions carried out from a CLIENT's ACCOUNT will be presumed to be carried out by that CLIENT, insofar as Triple A Fairtrade Bank is not obliged and does not have the technical means to ensure the identity of the persons accessing the ACCOUNT.

Any loss, misappropriation or unauthorized use of a CUSTOMER's IDENTIFIER and the consequences thereof are the sole responsibility of the CUSTOMER, who must notify Triple A Fairtrade Bank without delay by e-mail to the following address: [email protected] or via the site's contact form.

- 4.4 Unsubscribing

The CLIENT may close his/her ACCOUNT at any time by sending an e-mail to [email protected]. Triple A Fairtrade Bank will deactivate the ACCOUNT as soon as possible and send the CLIENT an email confirming the closure of the ACCOUNT. In case of pending ORDERS, these will have to be paid by the CLIENT and delivered by Triple A Fairtrade Bank.

5. Orders

- 5.1 PRODUCT specifications

The collection seeds presented on the Triple A Fairtrade Bank SITE are all from third-party breeders; none of the genetics offered are created or modified by Triple A Fairtrade Bank. The CLIENT undertakes to read them carefully before placing an order on the SITE.

- 5.2 ORDER procedure

PRODUCT ORDERS are placed directly on the SITE. To place an ORDER, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's start page, the steps may differ slightly).

- 5.2.1. PRODUCT selection and purchase options

The CLIENT must select the PRODUCT of his choice by clicking on the PRODUCT concerned and choosing the desired quantities. A description of the PRODUCT (with the main characteristics of the PRODUCTS, etc.) will be provided on the SITE. Once the PRODUCT has been selected, it is placed in the CLIENT's shopping cart. The CLIENT may then add as many PRODUCTS as he/she wishes to his/her basket.

– 5.2.2 Orders

Once the PRODUCTS have been selected and placed in the shopping basket, the CLIENT must click on the basket and check that the contents of the ORDER are correct. If the CLIENT has not already done so, he/she will then be asked to identify him/herself. Once the CLIENT has validated the contents of the shopping cart and identified/registered, an automatically completed online form will be displayed, summarizing the price, applicable taxes and, where applicable, delivery charges. The CLIENT is invited to check the content of his ORDER (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content. The CLIENT may then proceed with payment for the PRODUCTS by following the instructions on the SITE and providing all the information required for invoicing and DELIVERY of the PRODUCTS. ORDERS placed must include all the information required for the proper processing of the ORDER. The CLIENT must also select the chosen delivery method.

- 5.2.3 Confirmation of receipt

Once all the steps described above have been completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER'S ORDER. A copy of the acknowledgement of receipt of the ORDER is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated via the registration form is correct. It is specified that the summary of the ORDER as well as the confirmation e-mail may be kept and printed by the CLIENT. Triple A Fairtrade Bank does not send ORDER confirmations by post or fax.

- 5.2.4 Invoicing

During the ordering process, the CLIENT must enter the information required for invoicing (the sign (*) indicates the mandatory fields that must be filled in for the CLIENT's ORDER to be processed by Triple A Fairtrade Bank). In particular, the CLIENT must clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any access code to the DELIVERY address. The CLIENT must also specify the chosen method of payment. Neither the order form that the CLIENT draws up online, nor the acknowledgement of receipt of the order that Triple A Fairtrade Bank sends to the CLIENT by e-mail, constitute an invoice. Whatever the method of ORDER or payment used, the CLIENT will be able to retrieve his invoice from his PERSONAL AREA.

- 5.2.5 Other functions of the PERSONAL AREA

From his PERSONAL AREA, the CUSTOMER can manage and modify his personal information, find out about past, current or recently shipped ORDERS, and exercise his right of withdrawal. The CUSTOMER can also subscribe or unsubscribe to our newsletter.

- 5.3 Date of ORDER

The order date is the date on which Triple A Fairtrade Bank acknowledges online receipt of the ORDER. The deadlines indicated on the SITE only begin to run from this date.

- 5.4. Prices

For all PRODUCTS, the CLIENT will find on the SITE prices displayed in euros (€) including all taxes, as well as the applicable delivery charges (depending on the weight of the package, the DELIVERY address and the carrier or mode of transport chosen). In particular, prices include value-added tax (VAT) at the rate in force on the order date. Any change in the applicable rate may have an impact on the price of the PRODUCTS from the date on which the new rate comes into force. The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. Triple A Fairtrade Bank's suppliers' prices are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales. Prices are valid for one day, except in the case of gross errors. The applicable price is that indicated on the SITE on the date the order is placed by the CLIENT. The price is payable in full, in a single instalment. The prices indicated include VAT for all shipments within the EEC. For shipments outside the EEC, prices are quoted exclusive of tax. Taxes in force in the country of delivery are to be paid at the time of delivery. These vary from country to country, so please contact your local customs office for details.

- 5.5 Availability of PRODUCTS

Triple A Fairtrade Bank undertakes to deliver the PRODUCT on the date or within the period indicated to the CLIENT, unless the parties have agreed otherwise. The CLIENT is however informed that Triple A Fairtrade Bank uses external specialized carriers to deliver its PRODUCTS. The unavailability of a PRODUCT is normally indicated on the PRODUCT page concerned. CLIENTS may also be informed of the restocking of a PRODUCT by Triple A Fairtrade Bank. In any case, if the unavailability has not been indicated at the time of the ORDER, Triple A Fairtrade Bank undertakes to inform the CLIENT without delay if the PRODUCT is unavailable. In the event that a PRODUCT is unavailable, Triple A Fairtrade Bank may, and if the parties agree, propose an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT. If the CLIENT decides to cancel his order for unavailable PRODUCTS, he will obtain reimbursement of all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.

6. Right of withdrawal

The terms and conditions of the right of withdrawal are set out in the "Withdrawal and Returns Policy", which is available in Appendix 1.

7. Payment

- 7.1 Payment methods

The CLIENT can pay for PRODUCTS online on the SITE by the means proposed by Triple A Fairtrade Bank, i.e. by credit card. At this stage, the CUSTOMER also has the possibility of indicating a Promo Code which gives rise to an advantage (discount, free products) provided that it is still valid. To do so, the CUSTOMER must enter his promotional code at the time of payment, in the "I have a promotional code" box, then click on "OK". The Code is then integrated into the purchase and the CLIENT benefits from the discount. The CLIENT guarantees Triple A Fairtrade Bank that he/she holds all the authorizations required to use the chosen means of payment. Triple A Fairtrade Bank will take all necessary measures to guarantee the security and confidentiality of data transmitted online in the context of online payment on the SITE. In this respect, it is specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.

- 7.2 Payment date

Payment is required immediately upon ordering, including for pre-ordered products. Once payment has been made by credit card, the CLIENT's account will be debited immediately upon placing the PRODUCT ORDER on the SITE. Secure online payment by credit card is carried out by our payment service provider. The information transmitted is encrypted in accordance with the rules of the art and may be used for transport on the network, using the SSL (Secure Socket Layer) protocol. In accordance with article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by credit card is irrevocable. If the CLIENT decides to cancel an order for PRODUCTS that are unavailable, reimbursement will be made in accordance with the last paragraph of article 5.5 of these General Terms and Conditions.

- 7.3 Late or refused payment

If the bank refuses to debit a card or other means of payment, the CLIENT must contact Triple A Fairtrade Bank's Customer Service Department in order to pay for the ORDER by any other valid means of payment. In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the CLIENT proves impossible, the ORDER will be cancelled and the sale automatically terminated.

8. Proof and archiving

Any contract concluded with the CLIENT corresponding to an order amounting to more than 120 euros including VAT will be archived by Triple A Fairtrade Bank for a period of ten (10) years in accordance with article L. 213-1 of the French Consumer Code. Triple A Fairtrade Bank accepts to archive this information in order to ensure a follow-up of the transactions and to produce a copy of the contract at the CLIENT's request. In the event of a dispute, Triple A Fairtrade Bank will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

9. Transfer of ownership

Triple A Fairtrade Bank remains the owner of the PRODUCTS delivered until full payment has been received from the CLIENT. The above provisions do not prevent the transfer to the CLIENT, upon receipt by the CLIENT or by a third party designated by the CLIENT other than the carrier, of the risks of loss or damage to the PRODUCTS subject to retention of title, as well as the risks of damage they may cause.

10. Delivery

The terms of DELIVERY of PRODUCTS are set forth in the "Delivery Policy" referred to in Appendix 2.

11. Warranties

In addition to the commercial warranties that Triple A Fairtrade Bank may offer for certain PRODUCTS, all CLIENTS benefit from "legal" warranties, for all PRODUCTS, which are detailed below.

- 11.1 Warranty of conformity

Article L. 217-4 of the French Consumer Code: "Triple A Fairtrade Bank delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is its responsibility under the contract or was carried out under its responsibility".

Article L.217-5 of the French Consumer Code: "The goods conform to the contract:

1° If it is fit for the use usually expected of similar goods and, where applicable: if it corresponds to the description given by Triple A Fairtrade Bank and has the qualities that the latter has presented to the buyer in the form of a sample or model, if it has the qualities that a buyer may legitimately expect given the public statements made by Triple A Fairtrade Bank, by the producer or by his representative, particularly in advertising or labelling.
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter".

Triple A Fairtrade Bank is liable for defects in conformity existing at the time of delivery and for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been made its responsibility or has been carried out under its responsibility. Any action arising from a lack of conformity shall be barred after two (2) years from delivery of the PRODUCT. (Article L. 217-12 of the French Consumer Code). In the event of lack of conformity, the CLIENT may request replacement or repair of the PRODUCT, at his or her option. However, if the cost of the CLIENT's choice is manifestly disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, Triple A Fairtrade Bank may proceed with a refund, without following the option chosen by the CLIENT. In the event that replacement or repair is not possible, Triple A Fairtrade Bank will refund the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT (please contact us first by e-mail to receive the return address). Finally, the CLIENT is exempted from proving the existence of a defect in the conformity of the PRODUCT during the twenty-four (24) months following delivery of the PRODUCT, except for second-hand goods for which this period is fixed at six (6) months (Article L.217-7 of the French Consumer Code). It is specified that the present legal warranty of conformity applies independently of the commercial warranty granted, if any, on the PRODUCTS.

- 11.2 Warranty against hidden defects

Triple A Fairtrade Bank is liable for any hidden defects in the PRODUCT sold which render it unfit for its intended use, or which so impair that use that the CLIENT would not have purchased it, or would have paid a lower price for it, had he or she been aware of them. (Article 1641 of the French Civil Code) This warranty allows the CLIENT, who can prove the existence of a latent defect, to choose between reimbursement of the price of the PRODUCT if it is returned, and reimbursement of part of its price if the PRODUCT is not returned. In the event that replacement or repair is impossible, Triple A Fairtrade Bank undertakes to refund the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT in exchange for the return of the PRODUCT by the CLIENT (please contact us first by e-mail to receive the return address). The action resulting from redhibitory defects must be brought by the CLIENT within two (2) years of the discovery of the defect. (Paragraph 1 of Article 1648 of the French Civil Code).

12. Packaging

The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY.

13. Liability

Triple A Fairtrade Bank shall not be held liable in the event of non-performance or improper performance of contractual obligations attributable to the CLIENT, in particular when entering his ORDER. Triple A Fairtrade Bank cannot be held responsible, or considered to have failed in its obligations, for any delay or non-fulfilment, when the cause of the delay or non-fulfilment is linked to a case of force majeure as defined by the jurisprudence of the French Courts and Tribunals. Triple A Fairtrade Bank has no control over websites linked directly or indirectly to the SITE. Consequently, Triple A Fairtrade Bank does not accept any liability for the information published on these websites. Links to third-party websites are provided for information purposes only, and no warranty is given as to their content. Finally, the CLIENT undertakes in any case to take note of the precautions for use of the PRODUCT delivered, mentioned on the PRODUCT or on its packaging. Triple A Fairtrade Bank cannot be held responsible for any inconvenience or damage directly or indirectly related to the abnormal use of a PRODUCT.

All the products we offer may only be used for the purposes indicated on the packaging. We hereby distance ourselves clearly from any other type of use and exclude all liability for consequential damage caused by mishandling or even misuse. It is not possible for us to check the laws of neighboring countries, as these may change on a daily basis. For this reason, the sole responsibility for the legality of goods purchased in the buyer's country of origin lies with the customer.

14. Major force

Triple A Fairtrade Bank shall not be liable if the non-performance or delay in performance of any of its obligations under these GTC is due to force majeure. Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling its obligation. If the impediment is temporary, performance of the obligation is suspended, unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is terminated ipso jure and the parties are released from their obligations under the conditions set out in articles 1351 and 1351-1 of the French Civil Code. In this respect, Triple A Fairtrade Bank cannot be held liable in particular in the event of hacker attacks, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as in the event of any circumstance or event beyond the control of Triple A Fairtrade Bank occurring after the conclusion of the GTC and preventing performance under normal conditions. It is specified that, in such a situation, the CLIENT may not claim the payment of any indemnity and may not bring any action against Triple A Fairtrade Bank. In the event of any of the above events, Triple A Fairtrade Bank will endeavour to inform the CLIENT as soon as possible.

15. Personal data

Triple A Fairtrade Bank collects personal data about its CLIENTS on the SITE, including by means of cookies. CLIENTS may deactivate cookies by following the instructions provided by their browser. The data collected by Triple A Fairtrade Bank is used in particular to process ORDERS placed on the SITE, to manage the CLIENT's account, if the CLIENT has expressly chosen this option, to send the CLIENT commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the CLIENT no longer wishes to receive such communications from Triple A Fairtrade Bank. The CLIENT's data is kept confidential by Triple A Fairtrade Bank, for the purposes of the contract, its execution and in compliance with the law. CLIENTS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by e-mail. Data may be communicated, in whole or in part, to Triple A Fairtrade Bank's service providers involved in the ORDER process. For commercial purposes, Triple A Fairtrade Bank may transfer the names and contact details of its CLIENTS to its commercial partners, provided that the CLIENTS have expressly given their prior consent when registering on the SITE. Triple A Fairtrade Bank will specifically ask CLIENTS if they wish their personal data to be disclosed. CLIENTS may change their mind at any time by contacting Triple A Fairtrade Bank. Triple A Fairtrade Bank may also ask its CLIENTS if they wish to receive commercial solicitations from its partners. In this respect, the CLIENT is invited to consult Triple A Fairtrade Bank's "Legal Notice and Privacy Policy" page, accessible at the following address: www.aaaseedz.com/mentions-legales, which will provide further information regarding the protection of personal data and the processing carried out via the SITE. In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as RGPD), Triple A Fairtrade Bank ensures the implementation of the rights of the persons concerned . It is recalled that the CLIENT whose personal data is processed benefits from the rights of access, rectification, updating, portability and deletion of information concerning him/her, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Regulation on the Protection of Individuals (RGPD). In accordance with the provisions of article 38 of the amended Data Protection Act and the provisions of article 21 of the RGPD, the CLIENT may also, on legitimate grounds, object to the processing of data concerning him or her, without reason and at no cost. The CLIENT may exercise these rights by sending an e-mail to the address: [email protected]. The CLIENT must be able to prove his/her identity.

16. Claims and after-sales service

Triple A Fairtrade Bank provides the CLIENT with "Customer Service" by e-mail at [email protected].

17. Validity of the General Conditions

Any change in current legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Any such modification or decision shall in no way authorize CLIENTS to disregard these General Terms and Conditions. Any terms and conditions not expressly dealt with herein shall be governed in accordance with usage in the retail sector, for companies whose registered office is located in France.

18. Modification of the General Terms and Conditions

The present Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online. The General Conditions are dated precisely and may be modified and updated by Triple A Fairtrade Bank at any time. The General Conditions applicable are those in force at the time of the ORDER. Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.

19. Jurisdiction and applicable law

These General Terms and Conditions and the relationship between the CLIENT and Triple A Fairtrade Bank are governed by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction. However, prior to any recourse to an arbitral or state judge, the CLIENT is invited to contact Triple A Fairtrade Bank's complaints department. If no agreement is reached, or if the CLIENT proves that he/she has previously attempted to resolve his/her dispute directly with Triple A Fairtrade Bank by means of a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith, with a view to reaching an amicable agreement in the event of any dispute relating to the present contract, including those concerning its validity. To initiate this mediation, the CLIENT may contact Triple A Fairtrade Bank's mediator: the Association Nationale des Médiateurs (ANM). In accordance with articles L611-1 et seq. and R612-1 et seq. of the French Consumer Code, any contractual dispute relating to the performance of a sales contract and/or the provision of services that cannot be resolved by means of a complaint previously lodged with our customer service department may be referred free of charge to mediation. He/she should contact the Association Nationale des Médiateurs (ANM) either by e-mail, by filling in the online referral form at the following address www.anm-conso.com. The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. Since mediation is not compulsory, the CLIENT or Triple A Fairtrade Bank may withdraw from the process at any time. Should mediation fail or not be envisaged, the dispute which may have given rise to mediation will be referred to the competent court designated above.

TERMS AND CONDITIONS OF SALE AND USE - APPENDIX 1 (A)
Retraction and return policy

Apart from the exceptions listed below, the CLIENT has, as a matter of principle, the right to retract by returning or restituting the PRODUCT to Triple A Fairtrade Bank. To do so, the PRODUCT must be returned or restituted without undue delay, and at the latest within fourteen (14) days following the communication of his decision to withdraw.

A1. Withdrawal period

In accordance with article L.221-18 of the French Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT. If the CLIENT's order includes several PRODUCTS or if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT.

A2. Notification of right of withdrawal

To exercise their right of withdrawal, and in accordance with Article L.221-21 of the French Consumer Code, the CLIENT must notify their decision to withdraw by means of an unambiguous statement to: [email protected]. The CLIENT may also notify his decision via the SITE using the contact form, available in the contact section. They may also use the form at the end of appendix 1 (this document). In order for the withdrawal period to be respected, the CLIENT must transmit his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.

A3. Effects of withdrawal

In the event of retraction by the CLIENT, Triple A Fairtrade Bank undertakes to reimburse all sums paid, including delivery costs (with the exception of additional costs resulting from the CLIENT's choice, where applicable, of a delivery method other than the less expensive standard delivery method proposed by Triple A Fairtrade Bank) without undue delay and, in any event, no later than fourteen (14) days from the day Triple A Fairtrade Bank receives the returned PRODUCT. (Article L.221-24 of the French Consumer Code). Triple A Fairtrade Bank will proceed with the refund using the same means of payment that the CLIENT used for the initial transaction, unless the CLIENT expressly agrees to a different means, in any case, this refund will not incur any costs for the CLIENT. Triple A Fairtrade Bank is not obliged to reimburse additional costs if the CLIENT has expressly chosen a delivery method that is more expensive than the standard delivery method offered by Triple A Fairtrade Bank. Triple A Fairtrade Bank may defer reimbursement until receipt of the goods or until the CLIENT has provided proof of shipment of the goods, whichever comes first.

A4. Return procedure

The CLIENT must, without undue delay and in any event no later than fourteen (14) days after communicating his decision to withdraw from this contract, return the goods (first contact us by e-mail to receive the return address). This period is deemed to have been respected if the CLIENT returns the goods before the fourteen-day period has expired.

A5. Return shipping costs

The CLIENT shall bear the direct cost of returning the goods.

A6. Condition of returned goods

The PRODUCT must be returned in accordance with Triple A Fairtrade Bank's instructions, and must include all delivered accessories. The CLIENT shall only be liable for any depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CLIENT may test the PRODUCT, but may be held liable for any manipulations other than those necessary.

A7. Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following cases:

Supply of goods or services whose price depends on fluctuations in the financial market
Supply of goods made to the CUSTOMER's specifications or clearly personalized.
Supply of goods likely to deteriorate or expire rapidly
Supply of sealed audio or video recordings or software that have been unsealed after delivery
Newspaper, periodical, magazine (except subscription contracts)
Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance.
Supply of goods which by their nature are inseparably mixed with other items
Supplies of sealed goods that cannot be returned for health or hygiene reasons and that have been unsealed by the CLIENT after DELIVERY.
Supply of alcoholic beverages for which the price has been agreed at the time of concluding the sales contract, for which delivery can only be made after 30 days and whose actual value depends on market fluctuations beyond the seller's control.
Supply of digital content not supplied in dematerialized form if performance has begun with the express prior consent of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal.
Contracts concluded during a public auction

A8. Withdrawal form

Date :
Product reference :
Invoice no. :
Ordered date :
Received date :
Payment method :
Name and address of Client :

TERMS AND CONDITIONS OF SALE AND USE - APPENDIX 2 (B)
Shipping and delivery policy

The PRODUCTS offered can only be delivered within the TERRITORY and the EEC. It is not possible to place an ORDER for any delivery address outside this TERRITORY and the EEC. PRODUCTS are shipped to the delivery address(es) indicated by the CLIENT during the ordering process.

B1. List of countries to which PRODUCTS are shipped

Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, France, Germany, Greece, Ireland, Italy, Latvia, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

B2. Shipping time and costs

The lead times for preparing an ORDER and then issuing an invoice, prior to dispatch of PRODUCTS in stock, are stated as 24 to 48 working hours. These times do not include weekends or public holidays. An e-mail message will automatically be sent to the CLIENT upon shipment of the PRODUCTS, provided that the e-mail address entered in the registration form is correct. During the ordering process, Triple A Fairtrade Bank informs the CLIENT of the possible shipping times and formulas for the PRODUCTS purchased. Shipping costs are calculated according to delivery method and delivery zone. France: shipment via Colissimo: €10 - via Mondial Relay: €8 - Free delivery via Mondial Relay for orders over €250. Europe: shipment via Colissimo: €20. Please note that delivery to Corsica will incur additional delivery charges. The amount of these costs will be payable by the CLIENT in addition to the price of the PRODUCTS purchased. Delivery times and costs are detailed on the SITE. Specific VAT may apply for orders outside France. Delivery times are 48 hours for France and 72 to 96 hours for the rest of Europe.

B3. terms of delivery

The parcel will be delivered to the CLIENT against signature and presentation of proof of identity, if the CLIENT has opted for registered mail. Otherwise, it will be delivered directly to the CLIENT's letterbox or to a relay point. In the event of absence, a delivery notice will be left for the CLIENT to pick up the parcel at the post office.

B4. DELIVERY problems

The CLIENT is informed of the delivery date when choosing the carrier, at the end of the online ordering procedure, before confirming the ORDER. Deliveries will be made within a maximum of thirty (30) days. Failing this, the CLIENT must give Triple A Fairtrade Bank formal notice to deliver within a reasonable period, and in the event of non-delivery within this period, the CLIENT may terminate the contract. Triple A Fairtrade Bank will reimburse the CLIENT, without undue delay after receipt of the letter of termination, the total amount paid for the PRODUCTS, including taxes and delivery charges, by means of the same payment method used by the CLIENT to purchase the PRODUCTS. Triple A Fairtrade Bank is responsible until the PRODUCT is DELIVERED to the CLIENT. It is reminded that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss noted at the time of delivery.

Last update : 05/11/2024