TERMS OF SALES

 

 

Effective date: September 2023

 

1. Purpose

 

The company FRENCH MUSH ("FRENCH MUSH") offers the sale of edible oils (the "Products") to individuals (the "Buyers") available for sale on the website www.Frenchmush.com (the "Site").

 

These general terms and conditions (the "General Terms and Conditions") are intended to define the terms and conditions of online sales and delivery of the Products, as well as to define the rights and obligations of the parties in this context.

 

They are accessible and printable at any time via a direct link at the bottom of the Site's page.

 

The General Conditions prevail over any other general or specific conditions not expressly agreed upon by FRENCH MUSH.

 

They may be supplemented, where applicable, by specific terms of use for certain Products offered on the Site, which complement the General Conditions and, in case of contradiction, take precedence over the latter.

 

2. Legal Capacity and Acceptance of the General Terms and Conditions

 

• Legal capacity

 

The Site is accessible to any individual with full legal capacity to engage under the General Conditions. An individual who does not have full legal capacity can only access the Site with the consent of their legal representative.

 

• Acceptance of General Terms and Conditions

 

The Buyer's acceptance of the General Terms and Conditions is indicated by a checkbox in the order form. This acceptance must be full and complete. Any acceptance with reservations is considered null and void.

 

The Buyer who does not agree to be bound by the General Conditions must not place an order on the Site.

 

3. Registration on the Site

 

• Placing an order on the Site requires the Buyer to register.

 

When the Buyer places an order and provides the information marked as mandatory, a customer account (the "Account") is automatically created in the name of the Buyer, allowing them to manage their purchases in a form and by the technical means that FRENCH MUSH deems most appropriate.

 

The Buyer guarantees that all the information he provides is accurate, up-to-date, and genuine, and is not tainted by any misleading character.

 

He commits to updating this information on his Account in case of changes (notably change of postal address), so that they always meet the aforementioned criteria.

 

The Buyer is informed and agrees that the information entered for the purpose of creating or updating their Account serves as proof of their identity. The information entered by the Buyer is binding upon validation.

 

• The Buyer can access their Account at any time after logging in with their username and password.

 

The Buyer agrees to personally use their Account and not to allow any third party to use it in their place or on their behalf, except to bear full responsibility for it.

 

He is similarly responsible for maintaining the confidentiality of his username and password, any access to the Site using them being deemed to be made by the Buyer. The latter must immediately contact FRENCH MUSH at the contact details mentioned in the header of the General Conditions if he notices that his Account has been used without his knowledge. He acknowledges FRENCH MUSH's right to take all appropriate measures in such a case.

 

4. Product Features

 

Before any online order and in particular pursuant to the provisions of Article L111-1 of the Consumer Code, the Buyer can learn about the characteristics of each Product they wish to order on the Site.

 

The Products are offered for online sale subject to available stock.

 

The photographs and descriptions of the Products offered for sale online are as accurate as possible. They only commit FRENCH MUSH to what is specifically indicated.

 

5. Order

 

• Order placement

 

To place an order, the Buyer must select the Product(s) of their choice and add them to their cart.

 

He can access the summary of his cart at any time as long as the order is not definitively confirmed and can correct any errors in the entered items.

 

The order is considered received by FRENCH MUSH when it can access it.

 

As part of their order, the Buyer is invited to provide their contact details for delivery and billing purposes. They must fill in all the fields marked as mandatory in the form provided for this purpose. Orders that do not contain all the required information cannot be validated.

 

The Buyer guarantees that all the information provided in the order form is accurate, up-to-date, and sincere, and is not misleading in any way.

 

He is informed and accepts that this information serves as proof of his identity and commits him upon validation.

 

• Order Confirmation

 

At the end of their order, the Buyer receives an email confirmation of it that:

 

• summarizes the order items and the expected delivery time,
• includes the general terms and conditions in effect on the day of the order,
• includes the invoice corresponding to the order.

 

The Buyer must ensure that the provided contact details are correct and allow them to receive the confirmation email for their order. If not received, the Buyer must contact FRENCH MUSH using the contact details mentioned in the header of the General Conditions.

 

FRENCH MUSH recommends that the Buyer keep the information contained in the order confirmation.

 

The order confirmation is considered received by the Buyer when they can access it.

 

6. Price and payment terms

 

• Price

 

The selling prices of the Products are displayed on the Site.

 

They are indicated in euros, all taxes included (French VAT and other applicable taxes).

 

FRENCH MUSH reserves the right, at its sole discretion and according to terms it alone will determine, to offer promotional deals or price reductions.

 

Prices do not include any applicable delivery charges for the delivery of the Products, which are billed in addition to their price. The amount of applicable delivery charges will be indicated before the order is confirmed by the Buyer.

 

The applicable price is the one displayed on the Site at the time of the Buyer's order registration.

 

In the DOM-TOM, customs duties or local taxes may be payable and can be charged upon receipt of the package by the Buyer, in addition to the price paid to FRENCH MUSH. These duties and taxes, which FRENCH MUSH cannot determine in advance the exact amount of and therefore cannot inform the Buyer of prior to their order, remain the responsibility of the Buyer, who is solely responsible for the proper completion of any related declarations and/or formalities.

 

• Payment terms, delays, and defaults

 

The full price of the Products is due at the time of order.

 

Payment can be made online:

 

• by credit card, through the secure online payment service indicated on the Site,

 

... or by any other means that will be offered on the Site at the time of the order.

 

The Buyer guarantees to FRENCH MUSH that they have the necessary authorizations to use the chosen payment method.

 

FRENCH MUSH reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount that would be due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud related to the use of the Site.

 

Penalties amounting to 1.5 times the French legal interest rate will automatically apply to unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgment of receipt.

 

7. Retention of title

 

FRENCH MUSH retains full ownership of the Products sold until full payment of the price, including delivery charges, is received.

 

8. Delivery

 

8.1 Delivery address

Once the order is received by FRENCH MUSH, the Buyer can no longer change their delivery address. Any changes made after the order may therefore be charged by French Mush to cover the incurred costs.

 

8.2 Delivery Territory

Unless otherwise stated on the Site, the Products are delivered exclusively to all the countries available on the Site.

The delivery of the Products will be made to the address indicated at the time of the Buyer's order as the "delivery address" (which may be different from the billing address), provided that it is within the possible delivery territory for the Products, and that it is not incorrect.

 

8.3 Delivery Methods

There are different delivery methods available depending on the delivery territories. They are specified on the Site, at the time of order confirmation, on the payment page.

The Buyer is informed before confirming their order of the possible delivery methods for the ordered Product, as well as an estimated timeline and the corresponding fees for each of these methods.

The Buyer must select the desired delivery method and provide all necessary information for the effective delivery of the Product according to this method.

FRENCH MUSH reserves the right to modify the delivery methods offered at any time.

 

8.4 Delivery Deadlines

For informational purposes, an estimated delivery time is provided to the Buyer. This time is not contractual.

FRENCH MUSH cannot be held responsible for exceeding this estimated timeframe, as it remains dependent on the deadlines imposed by the carriers. No refund or compensation can be claimed on this basis, except in the case of a contrary legal provision or proven fault attributable to FRENCH MUSH.

In the event of a delivery delay exceeding seven (7) business days for France, twelve (12) business days for Europe, or fourteen (14) business days for other international destinations, calculated from the date of shipment, a new Product may be reshipped to the Buyer, subject to a prior analysis of the file and express validation by the FRENCH MUSH team.

In the case of ordering multiple items, FRENCH MUSH reserves the right to split the shipments. In such a case, the delivery charges will only be billed once.

8.5 Delivery failure, return package, claims and associated fees

 

8.5.1 Non-withdrawal, refusal of delivery or incorrect address

In the case of delivery to a pick-up point, the Buyer is required to collect their package within the time frame indicated by the carrier. Otherwise, the package will be automatically returned to FRENCH MUSH.

The same applies in the event of refusal of delivery by the Buyer, or delivery failure due to an incomplete, incorrect, inaccessible address, or repeated absence during a home delivery.

In these situations:

• the Buyer must contact customer service to request, at their choice, a new shipment (at their expense) or a partial refund;

• In case of a refund, FRENCH MUSH will deduct a flat fee of six ninety (6.90) euros corresponding to the logistical costs incurred.

The Buyer has a period of twenty (20) calendar days from the date the package is returned to FRENCH MUSH to contact customer service.
Beyond this period, the order may be considered abandoned and will not be eligible for a refund or reshipment, except in exceptional cases at the discretion of FRENCH MUSH.

 

8.5.2 Package marked as delivered but not received

If a package is marked as "delivered" by the carrier but has not been received by the Buyer, the latter has a period of twenty (20) calendar days from the indicated delivery date to contact customer service.

Beyond this period, no claims will be considered.

 

8.5.3 Missing, damaged, or non-compliant product with the order

If the Buyer notices, upon receiving their order, that the package is damaged, incomplete, or does not match their order, they must inform FRENCH MUSH within four (4) business days from the receipt of the package.

The claim must be accompanied by supporting photos to verify the non-compliance, including imperatively:

• a photo of the outside of the package (with the packaging visible),

• a photo of the inside of the package,

• a photo of the shipping label,

• a photo of the visible damage if applicable,

• and a photo of the label affixed to the concerned product, allowing the identification of the concerned Product(s).

After this period of 4 business days, FRENCH MUSH does not guarantee the handling of the claim, as recourse with the carriers is no longer possible. Any request beyond the deadline may still be considered on a case-by-case basis, without it being an obligation for FRENCH MUSH.

 

9. Right of withdrawal

 

In accordance with the provisions of Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for certain products, including:

• products that have been opened or unsealed after delivery, when they cannot be returned for reasons of hygiene or health protection;

• products manufactured according to the Client's specifications or clearly customized;

• products likely to deteriorate or expire quickly, such as perishable goods or certain dietary supplements sensitive to heat, humidity, or light.

Consequently, any return of a product that is opened, altered, customized, with a short expiration date, or whose packaging has been damaged (damaged label, unsealed cap, removed seal, etc.) cannot be refunded, except in the case of an error attributable to FRENCH MUSH or proven non-compliance.

 

9.1 Terms of exercising the right of withdrawal

Subject to the exclusions mentioned above, and in accordance with Article L.221-18 of the Consumer Code, the Buyer has a period of fourteen (14) days from the receipt of their order to exercise their right of withdrawal, without having to provide a reason.

The Buyer must first contact customer service to obtain a return agreement.

His request must be accompanied by the following supporting documents:

• a photo of the package, with the shipping label visible,

• if the package has not been opened: a photo showing the integrity of the closed package,

• if the package has been opened: a photo of the Products in their original packaging, placed in the package.

In any case, the Buyer must return a duly completed and signed sworn statement certifying that the Products have neither been opened, used, nor altered.

The Products must be returned in their original condition, unopened and in their original packaging, allowing them to be resold.

The return package is sent by the Buyer's means and at their expense, to the address provided by customer service.

The refund will be processed within a maximum of fourteen (14) days from the receipt and verification of the return by our logistics department.

FRENCH MUSH reserves the right to refuse any refund in case of non-compliance with the conditions stated in this article.

Return costs are entirely the responsibility of the Buyer.
In case of a refund, a flat fee of six euros and ninety cents (6.90) will be deducted from the refunded amount, as a charge for logistical costs borne by FRENCH MUSH.

 

10. Legal Warranties

 

The Buyer benefits from the legal guarantees of non-conformity as well as for hidden defects of the sold item, including non-conformity defects resulting from the packaging of the Products ordered on the Site.

 

If the Buyer finds that the Product delivered to them has a defect, a non-conformity, or is damaged, they must inform FRENCH MUSH at the contact details mentioned in the header of the General Conditions, indicating the nature of the defect, non-conformity, or damage observed and sending any useful proof, particularly in the form of photograph(s).

 

FRENCH MUSH will arrange the return process with the carrier of its choice, and will inform the Buyer by any useful means. FRENCH MUSH will bear the costs of this return.

 

The Products must be returned to FRENCH MUSH in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.

 

Returns of Products not complying with the terms described above will not be considered.

 

FRENCH MUSH will carry out the necessary checks and offer the Buyer a replacement of the Product if possible. If the replacement of the Product is impossible, FRENCH MUSH will refund the Buyer the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and no later than 14 days from the date on which FRENCH MUSH informed them of the impossibility to replace the Product.

 

It is reminded that, when acting under the legal guarantee of conformity, any consumer:   -       benefits from a period of 2 years from the delivery of the goods to take action; -       may choose between repair or replacement of the item, subject to the cost conditions provided by Article L217-9 of the Consumer Code; -       is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 month following its delivery.   It is also reminded that the legal guarantee of conformity applies independently of any commercial warranty that may be granted.   Any consumer may also decide to implement the warranty against hidden defects of the sold item as per Article 1641 of the Civil Code. In this case, they can choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

 

11. Obligations of Buyers

 

Buyers are solely responsible for the use they make of the Products. It is their responsibility to verify the suitability of the Products for their specific needs prior to purchasing said Products.

 

They must take the necessary steps to safeguard by their own means the information from their Account that they deem necessary, as no copy will be provided to them.

 

12. Responsibility of FRENCH MUSH

 

• The Buyer acknowledges and agrees that the Products sold by FRENCH MUSH are not medicines and are not intended to replace treatment. The Buyer should always consult their doctor before consuming herbal remedies.

 

• FRENCH MUSH provides no guarantee to the Buyer regarding the suitability of the Products for their needs, expectations, or constraints.

 

• FRENCH MUSH cannot be held responsible for damages resulting from the use of the Products not in accordance with the recommendations and not directly caused by a defect in the Product.

 

• FRENCH MUSH cannot be held responsible for the non-performance or delay in the execution of sales contracts due to circumstances beyond its control or a case of force majeure, as defined in Article 1218 of the Civil Code, it being expressly stated that the following are considered as cases of force majeure, in addition to those usually recognized by the jurisprudence of French courts: exceptional weather conditions, natural disasters, fires and floods, lightning, attacks, cases of disruption or blockage of telecommunications networks, means of transport or postal services including due to strikes, damage caused by viruses for which existing security measures on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities which would have the effect of substantially modifying the General Conditions.

 

• FRENCH MUSH cannot be held responsible for non-performance or delay in delivery due to the inaccuracy or imprecision of the delivery address provided by the Buyer in accordance with the provisions of the article "delivery". Thus, in the event of a new delivery, the costs related to this delivery will be charged to the Buyer.

 

• FRENCH MUSH is committed to regularly conducting checks to verify the operation and accessibility of the Site. In this regard, FRENCH MUSH reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, FRENCH MUSH cannot be held responsible for temporary difficulties or impossibilities in accessing the Site that originate from circumstances beyond its control, force majeure as defined above, or due to disruptions in telecommunication networks.

 

• In any event, the liability that may be incurred by FRENCH MUSH under these terms is expressly limited to proven direct damages suffered by the Buyers.

 

13. Intellectual Property

 

The Site, systems, software, structures, infrastructures, databases, and content of all kinds (texts, images, visuals, music, logos, brands, databases, etc.) operated by FRENCH MUSH within the Site are protected by all applicable intellectual property rights or database producer rights. Any disassembly, decompilation, decryption, extraction, reuse, copying, and more generally, any acts of reproduction, representation, distribution, and use of any of these elements, in whole or in part, without the authorization of FRENCH MUSH are strictly prohibited and may be subject to legal action.

 

14. Personal data

 

FRENCH MUSH practices a personal data protection policy whose characteristics are explained in the document entitled "Privacy Policy", which the Buyer is expressly invited to read.

 

15. Advertising

 

FRENCH MUSH reserves the right to insert any advertising or promotional messages on any page of the Site and in any communication to Buyers, in a form and under conditions that FRENCH MUSH alone will determine.

 

16. Prohibited Behaviors

 

• Strictly prohibited are: (i) any behavior likely to interrupt, suspend, slow down, or prevent the proper functioning of the Site, (ii) any intrusions or attempts to intrude into the systems of FRENCH MUSH, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate load on the infrastructure of the latter, (v) any breaches of security and authentication measures, (vi) any acts likely to harm the financial, commercial, or moral rights and interests of FRENCH MUSH or the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed, and more generally (viii) any breach of the General Conditions or the laws and regulations in force.

 

• It is also strictly forbidden to monetize, sell, or grant all or part of the access to the Site, as well as the information it contains.

 

• Any commercial exploitation of the Products by the Buyers is prohibited, including any resale or distribution for a fee.

 

• In the event of a breach of any provision of this article or, more generally, of violations of laws and regulations, FRENCH MUSH reserves the right to take all appropriate measures and to initiate any legal action.

 

17. Unsubscription

 

The Buyer can unsubscribe from the Site at any time on their Account.

 

Unsubscription is effective within a maximum period of 90 days from this request and results in the automatic deletion of the Buyer's Account from the date of unsubscription.

 

18. Modifications

 

FRENCH MUSH reserves the right to modify the General Terms and Conditions of Sale at any time. In this case, the applicable conditions will be those in effect on the date of the Buyer's order.

 

19. Language

 

In the event of a translation of the General Conditions into one or more languages, the language of interpretation will be French in case of contradiction or dispute over the meaning of a term or provision.

 

20. Mediation

 

The Buyer has the right to use a consumer mediator free of charge for the amicable resolution of any dispute regarding the execution of these terms that would oppose them to FRENCH MUSH, under the conditions provided for in articles L611-1 and following and R152-1 and following of the Consumer Code.

 

He can contact the following consumer mediator for this purpose:

 

Consumer Mediation Center of Justice Conciliators (CM2C)

Postal address: 14 rue Saint Jean 75017 Paris

Phone: 06 09 20 48 86

https://www.cm2c.net

 

21. Applicable Law

 

The General Conditions are governed by French law.