Terms of sale
General terms and conditions of sale www.one-planet-shop.com
1. DEFINITIONS
Under these General Terms and Conditions of Sale (hereinafter the "GTC"), all the following terms, which are capitalized, have the meaning indicated below and are understood both in the singular and in the plural:
Silan Group, whose registered office is located at 525 Randall Ave Ste 100/818, Cheyenne, WY 82001, USA, registered under number 35-2952934.
Customer: any person acting for purposes that do not fall within the scope of his or her commercial, industrial, artisanal, liberal or agricultural activity, connecting to the Site in order to purchase a Product;
Order: Order by a Customer of a Product offered for sale on the Site;
Data: Any element (information, texts, photographs, messages, etc.) collected by the user and implemented by him/her within the Site through its use;
Personal Data: Any information relating to an identified or identifiable natural or legal person; an "identifiable natural or legal person" is deemed to be a natural or legal person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity;
Functionality: Each element implemented, accessible and usable within the Site;
Delivery: Provision to the Customer of the Product ordered on the Site;
Means of Access: Methods and/or functions by which a Customer can access the Site in order to use it for his own needs;
Operator: Company which operates the various electronic telecommunications networks necessary for access to and use of the Site;
Parties : Parties who have accepted and adhere to the GTC and the obligations contained therein;
Product : Goods offered for sale on the Site. The list of Products is available on :
https://one-planet-shop.com/collections/all
Price: the price indicated on the Site for a Product;
Site: the https://www.one-planet-shop.com/ website of Silan Group allowing the Customer to have access to the sale of Products;
Third Party: means natural or legal persons who are not related by common ownership or control to Silan Group or other individuals not related to Silan Group and/or the Customer.
2. PURPOSE OF THE TERMS AND CONDITIONS
The purpose of these GTC is to define the terms and conditions under which the Customer may purchase Products on the Site.
For any information request or contact, the User is invited to contact Silan Group at the following email address: contact@one-planet-shop.com.
3. ACCEPTANCE OF THE GCV
The Customer declares that he/she has read these GTC and accepts them by ticking the box provided for this purpose when placing an Order. By placing an Order, the Customer accepts these GTC without restriction or reservation. The GTC are accessible at any time on the Web Site.
4. MODIFICATION OF THE GCV
These GTC may be modified at any time by Silan Group. Any modification of the GTC is the subject of an information to the Customer from the Site.
The GTC applicable to the Customer are those in force on the day the Order is placed, any new Order placed entails acceptance of the new GTC applicable on the day of this new Order.
5. PRODUCTS
The Products offered for sale on the Site are: https://one-planet-shop.com/collections/all
The main characteristics of the Products are presented on the Web Site, which the Customer is required to read before placing an Order.
6. PRICES
The Prices of the Products appear on the Site and are expressed in euros and include all taxes.
The Prices of the Products do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the Order. Customs duties or other local or import taxes may be payable. These fees and duties shall be borne by the Customer and are the Customer's responsibility.
The Prices of the Products may be modified at any time on the Site. The price applicable to the Products in question corresponds to the price in force at the time the Order is registered.
If the Customer benefits from a discount or promotion code, it is the Customer's responsibility to indicate this in the appropriate section during the Order process. It shall not be possible to enter a promotional code or discount offer once the Order has been validated.
7. ORDERING
The Customer is guided through the Ordering process by a series of simple instructions displayed on the Site.
The Customer may order Products on the Site by clicking on "order". The Customer may delete or modify the selected Product before validating the Order and accepting the GTC.
Confirmation of the Order by clicking on "Order and pay" shall constitute an obligation to pay for the Customer.
An Order is paid for by secure payment methods, namely by payment or credit card: (MasterCard®, Visa®, American Express®, Maestro® [previously Switch], Visa Electron®, Visa Delta®, Carte Bleue and Bank Card). Payments by cash or cheque are not accepted.
If the Customer has a promotion or discount code, this must be entered during the Order confirmation process to be valid.
An e-mail acknowledging receipt of the Order and summarising the information contained therein will be sent to the address provided by the Customer once the Order has been placed.
Product offers are valid while stocks last, according to the information available on the Website and when the Order is placed.
Silan Group reserves the right to refuse any Order without any right to compensation for the Customer concerned if it is abnormal or for any other legitimate reason.
8. DELIVERY
The Products shall be delivered within 30 days from the date of the Order to the address indicated by the Client during the Order process.
The delivery period includes the time required to prepare and ship the Order.
In accordance with the applicable provisions, in the event of late delivery, the Customer shall have the right to cancel the contract in accordance with the conditions set out in Articles L. 216-2, L. 216-4 and L. 241-4 of the Consumer Code. In this case, the Customer shall be reimbursed for all sums paid, at the latest within fourteen (14) days following the date on which the contract was cancelled.
The risk of loss or damage to the Products shall pass to the Customer at the time he/she takes physical possession of the Products covered by the Order.
9. WITHDRAWAL PERIOD
The Customer has the right to withdraw from the Order without giving any reason within fourteen (14) days from the date on which the Product was delivered to the Customer. In the case of an Order for several Products delivered separately or in the case of an Order for a Product made up of multiple batches or parts whose delivery is staggered over a defined period, the period shall run from the date of receipt of the last Product or batch or part.
To exercise his right of withdrawal, the Customer must notify us of his decision to withdraw by sending the withdrawal form attached to the GTC or any other unambiguous statement expressing his wish to withdraw:
· by e-mail to contact@one-planet-shop.com, an acknowledgement of receipt of the withdrawal will then be sent to him without delay;
· by post to Silan Group at 525 Randall Ave Ste 100/818, Cheyenne, WY 82001, USA
The Customer must return the Product within a period not exceeding thirty (30) days following the communication of his decision to withdraw.
In the event that the Customer withdraws in accordance with the above procedures, he/she will be reimbursed for the payments made, including delivery costs, without undue delay and in any event no later than fourteen (14) days from the date of collection of the Product or from the date on which the Customer provided proof of shipment of the Product, whichever is the earlier.
The Price of the returned Product will be refunded to the Customer in full.
The refund will be made using the same method of payment as the one used by the Customer for the Order. The cost of returning the Product shall be borne by the Customer.
You shall only be liable for the depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
The Customer expressly acknowledges that the aforementioned right of withdrawal cannot be exercised for :
the delivery of products that cannot be returned for reasons of hygiene or health protection when the Customer has opened them after delivery;
the delivery of audio or video recordings or computer software when the Customer has opened them after Delivery;
the supply of Products that are likely to deteriorate or expire rapidly.
10. LIABILITY AND GUARANTEES
Liability
Silan Group shall be fully liable to the Customer for the proper performance of the obligations arising from the GTCs and from any Order. However, Silan Group shall be exonerated from all or part of its liability by proving that the non-performance or poor performance of the GTC and/or any Order is attributable either to the Client, or to the unforeseeable and insurmountable act of a Third Party, or to a case of force majeure.
Information on legal guarantees:
Silan Group is liable for defects in the conformity of the goods to the contract under the conditions of Article L. 217-4 et seq. of the French Consumer Code and for hidden defects in the goods sold under the conditions set out in Articles 1641 et seq. of the French Civil Code.
Article L217-4 of the French Consumer Code: "The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code: "The goods conform to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or 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 attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article 1641 of the Civil Code:
"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them."
Article 1648 paragraph 1 of the Civil Code:
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."
Article L217-16 of the Consumer Code:
"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for service or from the date the goods in question are made available for repair, if this is after the request for service.
The Customer may exercise these guarantees by sending his request
to the following address: Silan Group, whose registered office is located at 525 Randall Ave Ste 100/818, Cheyenne, WY 82001, USA, or by e-mail: contact@one-planet-shop.com
When the Customer acts under the legal guarantee of conformity, he/she :
-has a period of two years from the date of delivery of the goods to act;
-may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code;
-is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code and that in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
11. DESCRIPTION AND ACCESS TO THE SITE
Silan Group provides a Site allowing the Customer to purchase Products. The Site allows each Customer to access the description of all the Products offered for sale.
Simply accessing the Site and placing an Order does not require an access code or identifiers.
The Site is accessible and usable twenty-four hours a day (24 hours a day) and seven days a week (7 days a week) provided that the Customer has a computer terminal that can connect to the Internet and Internet access.
The Site is accessible free of charge to any Customer with Internet access. All costs relating to access to the Site, whether hardware, software or internet access costs, are exclusively the responsibility of the Customer. The Customer is solely responsible for the proper functioning of his computer equipment and his access to the Internet.
Silan Group uses all reasonable means at its disposal to ensure quality access to the Site.
Silan Group cannot be held responsible for any malfunction of the network or servers or any other event beyond reasonable control, which would prevent or degrade access to the Site.
Silan Group reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site, in order to ensure maintenance, or for any other legitimate reason, without the interruption giving rise to any obligation or compensation.
12. PERSONAL DATA
The Customer is hereby informed that the collection of his/her Personal Data is necessary for the Ordering of the Products as well as for their transmission to third parties for the purpose of delivering the Products. This Personal Data is collected solely for the purpose of fulfilling the Order and the GTC.
The Customer is hereby informed that he/she is required to provide the data listed below, and that he/she shall be liable for the impossibility of fulfilling the Order and the GTC in the event of failure to provide said data.
Person in charge of the processing of personal data:
The person responsible for the processing of Personal Data is Silan Group, whose registered office is located at 525 Randall Ave Ste 100/818, Cheyenne, WY 82001, USA, registered under number 35-2952934, contact@one-planet-shop.com, within the meaning of the French Data Protection Act and Regulation 2016/679 on the protection of personal data.
Limitation of processing:
Unless the Customer expresses his/her express consent, his/her Personal Data shall not be used for advertising or marketing purposes.
Collection of personal data:
The Personal Data that are collected on the Site are the following:
Ordering Products:
When the Customer places an Order for Products: First name, Last name, Email address, Postal address, Telephone number.
Payment :
In the context of the payment of the Products offered on the Site, the Site records financial data relating to the Customer's bank account or credit card.
Recipients of personal data:
The Personal Data is used by Silan Group and its co-contractors for the execution of the Order and the GTC and to ensure the efficiency of the sale and delivery of the Products.
The category or categories of co-contractors is (are): the suppliers of the Products and the transport providers.
Duration of data retention
Silan Group will keep the data collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
Security and confidentiality
Silan Group implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and Silan Group cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of the rights of the Clients and users
In application of the regulations applicable to personal data, the Clients and users of the Website have the following rights:
They can update or delete their data in the following way:
They can delete their account by writing by post or by e-mail to the Data Controller whose contact details are given above. They may exercise their right of access to their Personal Data by writing by post or by e-mail to the Data Controller whose contact details are given above. If the personal data held by Silan Group is inaccurate, they may request that the information be updated by writing by post or e-mail to the Data Controller whose contact details are given above. They may request the deletion of their personal data, in accordance with the applicable data protection laws, by writing by post or by e-mail to the Data Controller whose contact details are given above. They may also request the portability of data held by Silan Group to another provider.
Finally, they may object to the processing of their data by Silan Group. These rights, as long as they do not object to the purpose of the processing, can be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.
The data controller must provide a response within a maximum of one month. If the Customer's request is refused, reasons must be given.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Client may be invited to tick a box under which he agrees to receive informative and advertising emails from Silan Group. The Customer can always withdraw his consent at any time by contacting Silan Group as indicated above or by following the unsubscribe link.
Telephone Do Not Call List:
Your telephone number is collected when you place your Order. We inform you that your telephone number will only be used for the proper execution of your orders or to contact you in order to offer you new services. In accordance with the legal provisions, you are informed that you can, if you wish, register on the telephone anti-solicitation list. You can register free of charge on this list, which is compulsory for all professionals except those with whom you have already concluded a contract.
Article 13 SECURITY
The Site is subject to an SSL encryption process.
The payment data is exchanged in encrypted mode according to a protocol defined by the approved payment service provider involved in the banking transactions carried out on the Site.
14. COMMITMENTS OF THE CUSTOMER
The Client declares that the information he/she transmits to Silan Group is accurate and sincere. Any inaccuracy in the Customer's declarations is likely to engage his responsibility.
The purchase of the Products is reserved for people of legal age and with legal capacity. The Customer therefore guarantees that he/she is of age and has legal capacity.
The Customer undertakes not to use the Products for any commercial or resale purposes.
15. FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
16. LANGUAGE
These GTC are drafted in the English language.
17. APPLICABLE LAW
These GTC are governed by UK law.
18. COMPLAINTS AND AMICABLE SETTLEMENT OF DISPUTES
In order to settle disputes, we invite the Customer to first send us a written complaint:
· by e-mail to contact@one-planet-shop.com, or
· by post to Silan Group, whose registered office is located at 525 Randall Ave Ste 100/818, Cheyenne, WY 82001, USA
19. COMPETENT JURISDICTION
All disputes to which these GTC may give rise, concerning their validity, interpretation, execution, resolution, their consequences and their consequences, and which have not been the subject of an amicable settlement, shall be submitted to the competent court under the conditions of common law.
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Appendix - Withdrawal form
Please complete and return this form only if you wish to withdraw from your Order.
To the attention of Silan Group
Address: Silan Group 525 Randall Ave Ste 100/818, Cheyenne, WY 82001, USA
Email : contact@one-planet-shop.com
I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of :
.....................
Ordered on ....................................... / Received on ......................................................... (*)
Name of Customer(s): ..........................................................................
Address of Customer(s): ..........................................................................
Signature of Customer(s) (only if this form is notified on paper):
Date: ..........................................................................
(*) Delete as appropriate
