Scope of Application
These following General Terms and Conditions apply to all sales contracts is offered by FABRICANN division of BE CANN SAS., whose registered office is 9 Faubourg d’Antraigues, 07600, Vals-les-Bains, France.
Managing director : Joanna Weaver-Pélissier
e-mail: in**@fa*******.com
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Application of the Terms and Conditions and purpose of the Site
The Seller reserves the right to modify the General Terms of Conditions at any time by publishing a new version of them on the Site. The General Terms of Conditions applicable to the Customer are those in force on the day of his order on the Site.
Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general terms of use, the legal notice and the data charter of this Site.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Access To Services and Products
The Site allows the User free access to information on the services offered by FABRICANN SARL.
The Site is accessible free of charge anywhere to any User with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at his expense.
The Site implements all the means at its disposal to ensure quality access to its services. The obligation being of means, the site does not commit itself to achieve this result.
FABRICANN division of BE CANN SAS shall not be held liable for any event due to force majeure resulting in a malfunction of the network or the server.
Access to the Site may at any time be subject to interruption, suspension, modification without notice for maintenance or any other case. The User agrees not to claim any compensation as a result of the interruption, suspension or modification of this Agreement.
The User may contact the site by e-mail at the following address: in**@fa*******.com
The security of the site https://fabricann.com/ is ensured by an SSL certificate which encrypts and makes confidential all data exchanges with customers.
Products
This site offers samples of cosmetic products based on hemp extracts for external use only. All the products come from varieties of hemp, registered in the European catalog, whose cultivation is authorized in France and in the rest of Europe, and have a THC content lower than 0.2% in the finished raw material, in accordance with the legislation in force.
The products offered on the Site are not medicines, and are not intended to diagnose, treat, cure or prevent any disease or condition.
The purchase of a Product or Service implies the acceptance by the Customer of the entirety of these General Conditions, who thus acknowledges having fully understood them. This acceptance may consist, for example, in the Customer checking the box corresponding to the sentence of acceptance of these General Conditions, for example with the words “I acknowledge having read and accepted all the general conditions of the Site”.
The fact of checking this box will be deemed to have the same value as a handwritten signature of the Customer.
Acceptance of these terms and conditions assumes that the Customer has the legal capacity to do so. If the Customer is a minor or does not have the legal capacity to do so, he/she declares that he/she has the authorization of a guardian, curator or legal representative.
Order and Conclusion of a Contract
The presentation of the products in the catalog
https://fabricann.com/shop/ does not constitute an offer but only an invitation to submit a wish to receive samples.
You can order products by filling out the form on https://fabricann.com/checkout/
By selecting one or more products and submitting the form, your wish is transmitted to the sales department which will process your request.
However, your request may be refused if the elements provided concerning your company or your project are not sufficient to identify a real commercial interest.
If you wish to modify the order or if you have any questions concerning our operation, you can contact us by e-mail at the following address: info[at]fabricann.com
Prices and payment terms
The price of the sample products ordered is indicated in euros and exclusive of tax in the Quotation.
The price does not include transportation, customs and insurance costs (hereinafter: “Delivery Costs”), which are to be paid by the Buyer and are also indicated in the Quotation.
As a reminder, the samples can in no case be intended for sale and are only used to assess the dermatological properties.
Invoices are sent by email and are payable within 15 (fifteen) days from the date of issue.
Once the proof of payment has been sent, the sales team will proceed to send the samples.
Deliveries
The delivery costs will be indicated to the Customer before any payment.
Unless otherwise indicated, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the payment of the estimate by the Customer.
The Customer may refuse a package at the time of delivery if he/she notices an anomaly concerning the delivery (damage, missing Product compared to the delivery slip, damaged package, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery slip, in the form of handwritten reserves, accompanied by the Customer’s signature. In order to exercise its right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have the carrier take back the damaged goods. If Customer does not follow these instructions, Customer shall not be entitled to exercise its right of refusal, and Seller shall not be obligated to comply with Customer’s request to exercise its right of refusal.
If Customer’s package is returned to Seller by the Postal Service or other postal service, Seller will contact Customer upon receipt of the returned package to ask Customer what action to take on the order. If the Customer has mistakenly refused the package, he may request its return by paying the shipping costs of the new shipment in advance. Shipping costs must be paid even for orders for which shipping costs were offered at the time of the order.
The Seller shall not be held responsible for any defect resulting from the Customer’s clumsiness or wrong operation.
Any delay in delivery in relation to the date or time indicated to the consumer Customer at the time of his order or, in the absence of indication of date or time at the time of the order, greater than thirty (30) days from the conclusion of the contract may result in the termination of the sale at the initiative of the consumer Customer, at his request in writing by registered letter with acknowledgment of receipt, if after having enjoined the Seller to make the delivery, he has not complied. The consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for the totality of the sums paid. This clause is not intended to apply if the delay in delivery is due to force majeure.
Legal and customs regulations
In no case Fabricann can guarantee the legality of its products in countries outside the European Union.
The Customer must check before ordering the legislation in his country with regard to CBD and customs rules in force.
We also invite the Customer to inform us of the particular conditions to be fulfilled when sending samples.
Intellectual Property
The brands, logos, signs and any other content of the site are protected by the Intellectual Property Code.
The User requests prior written authorization from the Site for any reproduction, publication or copy of the various contents.
The User undertakes to use the contents of the site in a strictly private context. Any use of the contents for commercial purposes is strictly forbidden.
All the elements of the Site are the property of the Seller or of a third party agent, or are used by the Seller with the authorization of their owners.
Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being limitative, is strictly prohibited and is considered as an infringement.
Any Customer who is guilty of infringement will be prosecuted, at the initiative of the Seller or its agent.
Liability
FABRICANN division of BE CANN SAS shall not be held liable for failure to perform the contract due to force majeure. With regard to the Products purchased, the Seller shall not be held liable for any indirect damage resulting from the present, operating loss, loss of profit, damage or expenses that may arise.
The sources of the information published on the Site are deemed reliable. However, the Site reserves the right not to guarantee the reliability of the sources. The information given on the Site is given as an indication. Thus, the User alone assumes full responsibility for the use of the information and content of this Site.
Any use of the service by the User leading directly or indirectly to a damage will have to be repaired by the Site.
The Site undertakes to implement all necessary means to ensure the security and confidentiality of data.
The responsibility of the site could not be committed in case of force majeure or unforeseeable and insurmountable fact of a third party.
Applicable Law and Competent Jurisdiction
The French legislation applies to the present GCU. In the event of failure to resolve a dispute between the Parties amicably, only the courts within the jurisdiction of the Court of Appeal of Lorient shall have jurisdiction.
Customer service
The customer service of this Site can be reached by e-mail at the following address in**@fa*******.com or by post at 325 chemin de la Roche du Guide, 26780, Malataverne.
Independence of clauses
If any provision of the General Terms of Conditions, GTCs, is held to be illegal, invalid or unenforceable for any other reason, such provision shall be deemed independent of the Terms & Conditions, T&Cs, and shall not affect the validity and enforceability of the remaining provisions.
These GTCs supersede all prior or contemporaneous written or oral agreements. The GTCs are not assignable, transferable or sub-licensable by the Customer.
A printed version of the T&Cs and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these GTCs shall be in the French language.
Applicable law and mediation
These General Terms of Conditions are governed by and subject to French law.
Except in the case of public order provisions, any disputes that may arise in the context of the execution of these General Terms of Conditions may, before any legal action is taken, be submitted to the Site Editor for an amicable settlement.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal action. Unless otherwise provided for by public policy, any legal action relating to the execution of these GTC shall be subject to the jurisdiction of the courts of the place of residence of the defendant.
Consumer mediation
According to Article L.612-1 of the Consumer Code, it is recalled that “every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between him and a professional. To this end, the trader shall guarantee the consumer effective recourse to a consumer mediation mechanism.”
In this respect, FABRICANN division of BE CANN SAS offers its Clients, in the event of disputes which have not been resolved amicably, mediation by a consumer mediator, whose contact details are as follows
Mediator of the Professional Federation of E-Commerce and Distance Selling (FEVAD)
me******************@fe***.com
http://www.mediateurfevad.fr/index.php/espace-consommateur/
It is recalled that mediation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to the courts.
All rights reserved – 12 January 2023
