1. Purpose of the Contract

These terms and conditions of sale are in compliance with the law, professional rules, national and international practices and, in the absence of any special agreements, expressly apply to all sales completed on the maraichers-voltz.com website between Graines Voltz SA, French public limited company (société anonyme) with share capital of €1,480,265, having its registered office at 1, rue Edouard Branly in Colmar (68000), registered in the Colmar Trade and Companies Register under number 85B260, TVA no.: FR44333822245, SIREN no.: 333 822 245, represented by its incumbent legal representative, and the buyer.

The subject of the contract is the sale of conventional and organic seeds.

The main characteristics of the products are listed on the website’s product pages. It should be noted that these products are primarily intended for professional market gardeners. It is up to them to verify that the variety ordered is suited to the conditions of their operations. The seeds we sell are not edible.

2. Acceptance of the General Terms and Conditions of Sale

Placing an order on the website maraichers-voltz.com implies acceptance of these terms and conditions of sale. In order to remind the buyer of our general terms and conditions of sale and ensure that they are fully informed, and insofar as such terms and conditions may be updated by us, whenever an order is placed on the website, the buyer will be asked to click a box to confirm that they have read and accepted these general terms and conditions of sale.

3.  Orders and creating a customer account

When the buyer places their first order on the maraichers-voltz.com website, they will be asked to create a customer account. The buyer will have a username in the form of an email address, a 6-digit customer code and personal password to access their customer account and view any pending orders, past orders and personal information (company name, delivery addresses, invoice addresses, SIRET number, INTRACOM number).

It is up to the buyer to complete and/or update their personal information in their customer account. The information provided by the buyer when placing an order is binding. In the event of an error or an incomplete delivery address, we shall not be held liable for the inability to deliver the products within the time limit indicated when the order was placed.

Once the buyer has confirmed their order and made the payment, the sale will be finalised and we will send an order confirmation email. The order invoice will be sent with the goods. If required, the buyer can use the contact form to request that the invoice be sent via email.

4. Personal data protection

Personal data gathered from orders and the customer’s account is collected and stored for the sole purpose of managing orders, deliveries and invoices. We reserve the right to use data provided by the buyer for commercial purposes, provided that the buyer expressly agrees to this when registering. It may be shared between companies in our group.

Pursuant to French law No. 78/17 of 6 January 1978 on data processing, the buyer has a right of enquiry, access, correction and opposition for legitimate purposes in relation to their personal data, and can exercise such rights by writing to the following address: Graines Voltz SA, 1 rue Edouard Branly 68000 Colmar, to the attention of the Data Protection Officer.

5. Price and payment

• PRICE

The prices are those listed in the applicable price grid on the date the order is confirmed, and are clearly stated for each item listed for sale on the maraichers-voltz.com website. They are exclusive of VAT and order picking and delivery costs (the full price will be displayed and broken down upon final calculation of the order) For each category of seeds ordered, a minimum price of €5 will automatically be applied. We reserve the right to update our prices at any time, however the products will be invoiced on the basis of the prices in force when the order was placed, subject to payment.

• PAYMENT

Payment can be made via two methods: – in full, directly at the time the order is placed, by bank card only, and by SSL standard secure payment. The buyer must enter their card number, expiry date and the three numbers on the back of their valid bank card. The amount will only be debited from their account with their consent, in accordance with the relevant payment method rules (immediate debit, deferred debit, American Express agreement, etc.). By providing their bank details at the time of sale, the buyer thereby authorises Graines Voltz SA to debit the amount stated from their bank account. In case of an error or inability to charge the bank card, the order shall remain pending.

– in three separate instalments, if the total amount of the order is greater than €200, by bank card only and by SSL standard secure payment. With this solution, the payment amount breaks down as follows: 35% upon order, 35% on D+30 and 30% on D+60. This solution is reserved for bank card holders (VISA, MASTERCARD, American Express, Carte Bleue) valid for at least 60 days after the instalment agreement is signed.

The buyer must enter their card number, expiry date and the three numbers on the back of their valid bank card. The first amount will only be debited from their account with their consent, in accordance with the relevant payment method rules (immediate debit, deferred debit, American Express agreement, etc.). By providing their bank details at the time of sale, the buyer thereby authorises Graines Voltz SA to debit the amount stated from their bank account. In case of an error or inability to charge the bank card, the order shall remain pending. The two remaining instalments will be automatically charged according to the schedule listed in the payment interface, i.e. 35% of the order on D+30 and 30% of the order on D+60.

6. Delivery terms and conditions and additional fees

In addition to the price of the goods ordered, we will charge a fixed fee for the preparation and shipping of the seeds, in accordance with the price list in force. We only deliver our products within the Schengen area, shipped from our site: GRAINES VOLTZ LOIRE-AUTHION 17, rue Lavoisier – Z.A. La Perrière BRAIN-SUR-L’AUTHION 49800 LOIRE-AUTHION

Our products are carefully examined before packing and before being handed over to the transport company. A tracking number is then sent to the buyer via email; the number can also be found by logging into their customer account. Details of delivery times are provided for information purposes only. In case of absence, the parcel will be placed in the letterbox (if it complies with postal service standards), except for bulky parcels. In this case, a slip indicating how to retrieve the parcel will be left in the letterbox. If the parcel could not be delivered due to an error in the information provided by the buyer, Graines Voltz shall organise a new shipment to the updated address, once the parcel has been returned. This second shipment shall be at the buyer’s expense. Risk of accidental loss and damage is transferred to the buyer when the goods are handed over to the carrier.

7. Right of withdrawal 

Only non-professional buyers have a right of withdrawal under which they may return the goods.

Pursuant to Articles L. 221-18 et seq. of the French Consumer Code, the buyer has fourteen (14) business days from the day following receipt of their order to exercise their right of withdrawal, without having to justify their withdrawal or pay any penalties.

If said fourteen-day (14) period ends on a Saturday, Sunday or public holiday, it shall be extended until the next business day.

To exercise this right of withdrawal, the buyer must inform Graines Voltz within this period via the online contact form (under the website’s “Contact” section, with the subject line “Return request”; the list of information to be provided can be found at the bottom of these GTC), and must return the products by post or by the delivery service provider of their choice (the cost of return shall be borne by them), to the following address: Graines Voltz, 17, rue Lavoisier – Z.A. La Perrière – BRAIN-SUR-L’AUTHION – 49800 LOIRE-AUTHION – FRANCE

Product returns are always the responsibility and at the expense of the buyer.

Any product damage incurred at this time is likely to nullify the right of withdrawal.

Only goods returned intact and in their original packaging will be refunded.

The buyer’s bank card will be credited within a maximum of 14 days from the date the goods are received

8. Complaints

Any complaints relating to the order’s execution or packaging must be made within 15 days of receiving the package. We will carefully examine any complaints that may be made in relation to an error on our part and, where appropriate, will not refuse to replace or refund all or part of the relevant goods.

In the event of a complaint regarding identity, varietal purity, or germinability, and in the absence of any agreement between the parties, under no circumstances shall our liability exceed the total value of the items delivered. We shall not be held liable for any repackaging, handling, reprocessing or improper storage of the goods by the buyer. Specific information must be provided in the complaint submitted (batch number, storage conditions, planting conditions, etc.). No action may be taken by the buyer in relation to defects that appear: – 50 days after the products have been delivered to the buyer, when such defects relate to germinability, – within the standard planting period immediately following delivery, if such defects relate to seed authenticity, its varietal purity and its specific purity.

9. Guarantees

Please note that the expected result of the products will depend on i) the quality of such products, to which we are committed, as well as ii) factors outside of our control, such as climatic conditions, soil conditions, individual cultivation techniques and whether or not cultivation tools are used, etc.

The buyer is also hereby informed that, to the extent possible, the illustrations, catalogues, and other descriptions presented on the website relating to product quality, weight and measurements are in keeping with our tests and experience. As such, we cannot be held responsible for any discrepancies in results.

10.  Terms and conditions of product use

The buyer’s use of the products shall be limited to the production of a single commercial crop. Production excludes all seed reproduction and vegetative propagation. Unless otherwise provided for by law, any use of the products for research, breeding or molecular or genetic characterisation is strictly prohibited.

We restrict the products to the uses and categories of use for which they are authorised. We accept no liability for any product use outside the regulatory and legislative framework.

11.  Protected varieties or products

Some of the varieties we sell have been patented, trademarked or registered under protected designation, which are regularly renewed; the buyer may not acquire any ownership rights by use or by claim on these varieties. You hereby undertake to immediately notify us as soon as you become aware of any breach, via any means of communication.

The reproduction of protected varieties and the use of registered names or trademarks is prohibited, unless we have provided our written consent.

12. Prior information on the potential risks of certain plants to human health

Pursuant to Article L. 1338-3 of the French Public Health Code, any distributor or seller of plants liable to be harmful to human health must inform the buyer, prior to the finalisation of the sale, of any risks to human health and of any relevant protective measures. Certain plants, listed in full in the appendix to French Decree of 4 September 2020, may cause intoxication by way of ingestion, respiratory allergies, cutaneous and mucosal reactions or abnormal skin reactions when exposed to the sun. These risks, precautions and/or measures are described further in the document found here: https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000042325453. By accepting these general terms and conditions of sale, the buyer acknowledges that they have been informed, prior to the sale, of the risks to human health potentially linked to purchasing said plants.

13. Specific conditions for non-professional buyers

If the buyer is a private individual, the terms of the contract shall be governed by Article 19 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy and by Article L.221-5 of the French Consumer Code.

14. French law and courts with jurisdiction

Dealings between Graines VOLTZ and the buyer under these general terms and conditions of sale shall be governed by the laws of France and, in the event of a dispute, only French law shall apply, regardless of the language used during any interactions.

All sales are made under the conditions set out above, and placing an order with us entails acceptance thereof.

In the event of a dispute, the parties shall meet in order to find an amicable solution. Any difficulties that may arise in relation to an order placed on the website shall fall within the exclusive jurisdiction of the Courts of COLMAR.

INFORMATION TO BE PROVIDED FOR RETURN REQUESTS

ATTN:

Société Graines Voltz SA

1, rue Edouard Branly

68000 Colmar

I hereby inform you of my retraction from the contract governing the following sale:

Ordered ………………………….…………………………….…………………….….

Received ………………….…………………………….…………………………….…………

Client name: ………………………….……………………….…………………………….

Client address: ……………………….……………………….…………………………….

Date : …………………………………….……………………….…………………………….

Client signature: