Current general sales conditions define the rights and obligations of parties for the sale of products on the web site "www.couleur-chanvre.com" between the customer ("e-buyer") and the seller Accord Majeur ("AM"), an SAS business with capital of 40.000 Euros, registered at the RCS of Lyon under the trade number 497605725, business address: 69 rue Victor Hugo 69 370 St Didier au Mt D'or.

Any sales and services granted by AM to the e-buyer shall be subject to these general conditions which the e-buyer declares having acknowledged and accepted. These terms and conditions may be modified by AM, at any time, and these will be binding for orders registered after the e-buyer has been informed of the changes. Where appropriate, certain exceptions to these general conditions may be allowed by the Sales department of AM, these being subject to strict stipulation and specification beforehand, and incorporated into an agreement jointly signed by the e-buyer and AM, failing which they shall be cancelled and superseded solely by the general conditions herein below.

Unless defined otherwise, the terms listed below shall be given the following meanings:

- The e-buyer: the e-buyer shall refer to the natural or legal customer as identified in the Account opening form that such person has filled in and approved beforehand.

- Accord Majeur: the company Accord Majeur or AM.

1. INFORMATION AND PRODUCT DESCRIPTION

Essential product characteristics are available online (size, textile components, colours etc). Although AM has done its best to represent products clearly and fairly, pictures and all other information are not contract based, and the e-buyer implicitly agrees to this, AM will not be held responsible or liable for any minor errors or differences found in descriptions or pictures. This is especially so if the variation in colour is caused by the browser or computer system used by the e-buyer. Product information on labels may be updated or withdrawn at any time by AM, as a result of modification or withdrawal due to insufficient stocks. The e-buyer is responsible for requesting information or advice on products.

2. CREATION OF AN ACCOUNT CUSTOMER

Before placing its first order with AM, the e-buyer is required to create a customer account using a user name and a password. Passwords are strictly confidential and shall never be divulged.

The e-buyer shall fill out the account opening form and commits to provide accurate and genuine information for this purpose.

The e-buyer guarantees his right to use a bank credit card account and that this account contains sufficient funds to buy the AM products ordered. Only individuals who are legally capable of subscribing to contracts related to products offered online will be authorised to order from the AM web site.

3. ORDER FORM

3.1 Formation of orders

In accordance with the article L 121-18 of the French consumption code, AM orders/contracts include, in addition to providing product information and product identifications, the following:

- The social denomination of AM, its telephone numbers allowing you to contact us; its business address, and if different, the address of the establishment responsible for the offer
- The delivery costs
- The payment, delivery and orders processing details
- The acknowledgment of retraction rights
- The contract validity duration and the price of goods
- The cost of the technical communication used

All order forms must be completed, following the method described on the website.

To process the order, e-buyers must double click the completed order form. (One click to process an order, another click to confirm it). Once the e-buyer double clicks on the order form to confirm the order he is contractually obliged to purchase the items ordered at the price displayed, except as described in these general conditions.

In accordance with the article L121-19 of the French Consumption code. AM will send an order confirmation by email to the e-buyer address, reproducing the details of the order.

The order confirmation will contain the following:

- Information described in the contract/order
- Condition and method to exercise its retraction rights
- Address of entity where the client will be able to submit its complaints as well a after sales services related information services

AM specifies to the e-buyer all communication means to track the completion of the order, to exercise retraction rights or to use the warranty. Only communication costs are covered by AM, excluding any other specific complementary costs.

3.2 Evidence of orders

In accordance with article 1316 of the French civil code, the e-buyer agrees that any email sent to AM shall be equivalent to a written letter. The recorded data become a proof of transaction for AM and provide details on the date, content and the nature of the order.

4. PRICE

Prices include VAT, but exclude delivery costs. AM reserves the right to modify prices at any time and shall inform the e-buyer of such changes. The site will be monitored closely and updated on a regular basis.

5. PRODUCT AVAILIBILITY

AM endeavours to display details of all items in its current range on its website. The company will endeavour to hold stock of all styles and size of its product range. By placing an order via AM’s website, the e-buyer is making an offer to AM to purchase the goods detailed and described in the order completed by the e-buyer online.

An order confirmation will be sent by email to the e-buyer; this email confirms order acceptation but does not guarantee that the product is available in stock. In case a product is not available once ordered, the e-buyer will be notified by electronic mail or telephone of an expected availability or delivery date. If this date is unsatisfactory the order may be cancelled by the e-buyer and reimbursement will be offered by the company. In order to obtain reimbursement, the e-buyer is required to send a registered letter with return receipt. AM is committed to reimburse the e-buyers in such an event within 30 days.

6. METHOD OF PAYMENT

All methods of payment are described on AM delivery web page. By contrast to most brands, AM creates, manufactures and distributes without intermediaries allowing the company to calculate tariffs in a very cost efficient way, and pass benefits to customers in terms of both quality and commitment from partners.

7. DELIVERY AND PRODUCT RECEPTION BY THE E-BUYER

The delivery time may vary according to stock availability and delivery periods. This information will be specified to the e-buyer via the order confirmation. The place of delivery appears on the order confirmation and the date of delivery will be established with the customer by AM via electronic mail or telephone. AM will make every endeavour to deliver as agreed and if possible within the four working day target. Moreover the company will always provide a deadline date for delivery after order confirmation.

In the event of a reasonable delay, AM shall not be rendered liable on any basis whatsoever.

If goods fail to meet the seven days delivery deadline and except in the case of Force Majeur such as postal strikes, the client is entitled to annul the contract by sending a registered delivery letter, and obtain full reimbursement within 30 days from the date of resolution of the contract.

On the day of delivery, the e-buyer or suitable third party (mandated to receive merchandise such as the janitors, family member or neighbour) has a duty to inspect and verify the state of the products. The customer or the third party must refuse the delivery in the case of a missing or damaged item(s) or of an open item/parcel.

8. TRANSFER OF OWNERSHIP

The product ownership will be acquired by the e-buyer subsequent to full payment of the goods. During the period of delivery (signature of the delivery note) to the transfer of ownership, the risks (e.g. lost and stolen goods) as well as any damage caused to the product will be at the expense of the e-buyer. AM reserves the right to refuse orders from any client with registered previous litigation to his name (insolvency and late payment) or other problems considered material by AM.

9. RESPONSIBILITY

AM is responsible for the proper following of all conditions pre-established during the agreed contract. These obligations will be executed by AM which has finalised said contract or other service providers, without prejudice to its right to defend its position.

AM shall under no circumstances be liable for any loss or damage, whether direct, indirect, consequential or otherwise, unless in case of AM’s gross negligence or wilful misconduct, in which case AM’s liability shall be limited to the excess, if any, of the cost for the e-buyer to purchase similar goods, excluding delivery costs.

10. FORCE MAJEUR

AM may be exonerated from all responsibility by providing proof that the non execution or unsatisfactory execution of the contract is liable to the e-buyer, a non-performing third party contractor, or a Force-Majeure event.

AM shall under no circumstances be liable for any default or delay attributable, wholly or partially, to any cause beyond AM’s reasonable control which prevents or impedes manufacture or delivery of the goods.

11. WITHDRAWAL PERIOD, RIGHT OF WITHDRAWAL RESERVED TO CUSTOMERS

In accordance with the consumption code, the e-buyer benefits from a withdrawal period of a seven (7) days commencing the day following delivery/receipt of the product. If the e-buyer wishes to exercise this right, goods must be returned at his own cost and risk. The products must be in their original packaging and condition i.e. unused and unwashed. It is advised to subscribe insurance in order to cover the risk to the level of the good’s values. A cheque will then be sent by AM once returned goods have been verified for their quality and quantity.

In accordance with article L121-20-2 of the French consumption code, goods manufactured to e-buyer’s specific requirements, or highly personalised and customised items (size, thickness, and colour) cannot be returned.

12. INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARKS

The AM website www.couleur-chanvre.com is a spirited and proprietary piece of work, protected by laws on “intellectual property”. The contents of these pages (including inter alia, pictures, logos, photographs, designs, music, database, text written and other material) are the sole property of AM and/or third party having conceded all or part of the rights.

Reproduction or representations either partial or full, of this website in any form or of one of its composing elements, is prohibited as well as is their modification.

AM declares that it is endowed with all the Intellectual Property rights to the product and components thereof and is well positioned to defend its intellectual property.

The e-buyer undertakes not to infringe any rights of AM, directly or indirectly, or through the intermediary of any third parties with which it may be associated.

13. PERSONAL DATA

Except for the e-buyer consent by ticking the correct box on the website, AM is committed not to communicate to any third parties the personal information transmitted by its e-buyers, as this information is treated as strictly confidential. The e-buyer is well informed that personal data are used by internal AM services, and its carriers via the following: treatment of their orders, reinforcement and personalisation, communication by letters/electronic mails as well as in the context of the personification of the site according to the elaborated customer’s preferences.

The personal data collected by AM will enable AM and its carrier service to fulfil the e-buyer’s order and to notify and inform on any order being processed.

In accordance to the 6/1/1978 Law, each e-buyer is entitled to access and modify his specific data as well as having the right to cancel such data. These rights can be exercised in writing to the following address:

Accord Majeur
Boite Postale 69370
StDidier au Mont D’or
France.

AM is forbidden to sell, trade or rent to any other person or entity, the personal data concerning its e-buyers without their consent. The present article is however unable to prevent the transfer of activity to a third party, or the cession of customers.

14. APPLICABLE LAW AND JURISDICTION

The current general conditions of sales are governed by the French Law and relations between the parties shall be governed by French law.

In case of litigation the e-buyer will address in priority to AM’s customer service in order to reach a potential agreement. By default and in the event that agreement cannot be reached, the Lyon commercial court will be the only competent body to deal with any litigation between parties especially toward the formation, the execution, the interpretation, the annulations or the contract resolution. This includes the procedures of conservation, the emergency procedures in case of registered appeal as guarantee of the defendant’s plurality.