Article 1 : Preamble
The online store of the site TerraLED.com, was set up by the company Grow Enhancer SARL, which is the operator of this site. Registered in the Register of Commerce and Companies of NANCY under number 512465261, VAT number: FR18512465261 and whose headquarters is located at 10 RUE DU CANAL 54250 CHAMPIGNEULLES (54250) publishes the website located at the following address: www.terraled.com. Through this website, TerraLED offers for sale various products that Internet users, individuals or legal entities, can purchase, in particular through a secure online payment procedure implemented and managed by the banking institutions whose services it has retained. The company TerraLED calls upon service providers in order to allow the delivery of the products ordered by the consumer through the aforementioned site, and this according to the modalities and delays indicated on the site at the time of the order. The site www.terraled.com is realized in French language, as well as all the stages, electronic or not, necessary to the validation of its order by the consumer. The sales contracts concluded between the company TerraLED and the consumer are therefore in French language.
You can contact the company TerraLED via the form located on the contact page, by mail at the address indicated above or by telephone at 01 88 33 45 52 from Monday to Friday from 9 am to 6 pm (non surcharged line).
Article 2 : Application
These general conditions apply to all sales of products presented on the site: www.terraled.com. Any order placed with the company TerraLED therefore entails the acceptance without reservation of the present conditions. Only the purchaser can avail himself of the present conditions, and in particular the provisions relating to the guarantee. The present general conditions can be modified at any time and without prior notice by the company TerraLED, the modifications being then applicable only to the orders made after their date of implementation. The present general terms and conditions of sale are permanently accessible via the website: www.terraled.com in computer formats that allow them to be printed and/or downloaded, so that the consumer can reproduce or save them.
Article 3 : Products
3.1 : Prices - Shipping costs
The prices are displayed in euros all taxes included (except exceptions below) and excluding participation in shipping costs. They are subject to the value added tax of the country of delivery (except in the cases provided for in Article 262 ter I of the CGI and/or for certain consumers because of their geographical location), and any change in the legal rate of this tax will be reflected in the price of the products presented on the site: www.terraled.com on the date stipulated by the applicable legislative or regulatory text. Exceptions:
- For customers residing outside the European Union and in Overseas France, as well as for EU professionals benefiting from an intra-community VAT number, the prices appear exclusive of tax.
- For customers residing in Switzerland, the prices displayed are in euros excluding taxes.
3.2 : Unavailability
In case of temporary unavailability of a product, the company TerraLED will inform the consumer of the new delivery times of the suppliers and/or manufacturers of the product concerned as soon as possible. If this unavailability is prolonged excessively, the company TerraLED will do its best to offer the consumer an equivalent product or, failing that, will proceed to the cancellation of the order and the reimbursement of the consumer.
3.3 : Conformity
The consumer is the sole judge of the compatibility of the ordered products with the equipment already in his possession. The total or partial impossibility to use the materials ordered by the consumer can in no case give rise to any reimbursement or compensation from the company TerraLED.
Article 4 : Conclusion of the contract
In all cases, the sales contract is only considered to be concluded at the moment of the debit of the consumer's account for payment cards, of the date of receipt of the transfer in case of bank transfer, and at the moment of the cashing of the check for payments by check.
4.1 : Order
The products offered for sale are presented on the site: www.terraled.com and accompanied by a description. The consumer wishing to buy one of these products can click on its graphic representation then on the button "add to basket". This product is added to his shopping cart already containing, if necessary, other articles which the consumer wishes to acquire and previously placed by himself in his shopping cart. When the consumer wants to finalize his order, he can click on the "order" button in his shopping cart. He is then directed to a page proposing a summary of all the articles which must appear in his next order, and he has at this stage the possibility of removing some of the articles which appear in the shopping cart and consequently in the summary. He also has the possibility to cancel the procedure, and to return to his shopping cart without the order being validated. If the summary containing the prices of the products and the delivery charges as announced elsewhere on the site: www.terraled.com agree to it, the consumer can enter his delivery and billing details and then select his method of payment. Once the payment has been validated, the company TerraLED sends the consumer a summary of his order by e-mail including the details of the ordered articles, the total price including VAT (except in the cases provided for in article 262 ter I of the CGI and/or for certain consumers because of their geographical location) including the amount of the delivery costs, and the envisaged delivery times.
4.2 : Payment
The consumer expressly declares to have all the necessary authorizations for the use of the method of payment which it chose at the time of the validation of its order. He also undertakes to ensure his solvency before any order, otherwise the company TerraLED can proceed to the delivery of the ordered products. The company TerraLED also reserves the right to suspend or cancel any order or delivery in case of refusal to issue a payment authorization from the financial organizations questioned according to the method of payment chosen by the consumer. In the same way, it saves itself the possibility of refusing to take into account an order or to carry out a delivery emanating from a consumer with whom a litigation relating in particular to the payment of a preceding order would remain. The consumer is also informed that TerraLED can proceed to the analysis and/or verification of the orders placed in order to fight against fraud, and in this context reserves the possibility of asking the consumer for any proof that it deems useful. It reserves the right to suspend or cancel any order or delivery, even in case of payment authorization issued by the financial institutions concerned, in cases where this analysis and/or these verifications would suggest that the said order is placed in fraud of the rights of a third party. The Company shall not be liable for any misappropriation or fraudulent use of any means of payment that has not been detected by this analysis and/or verification procedure.
4.2.1 : Payment by credit card
In the event that the consumer opts for a payment by credit card, it will be directed to the secure server of the said banking institution in order to proceed with the payment in a secure manner. The bank details of the consumer are therefore at no time in the possession of the company TerraLED; their conservation and the maintenance of their integrity is therefore the responsibility of the banking establishment.
The authentication procedure "3D Secure" (also known as "Verified by Visa" and "MasterCard SecureCode"), which guarantees optimal security for online purchases by verifying the identity of the card user, can be activated. The authentication methods are specific to each bank: the user may be asked to enter personal data (such as a date of birth) or to enter a code received by SMS or to answer a personal question.
Once the payment is validated by the consumer on the secure server of the bank, he has the possibility to return to the site: www.terraled.com.
4.2.2 : Payment by check
Only checks from a French bank are accepted. This method of payment is only available to consumers with a delivery address in France and for orders of less than 100 euros including tax.
A payment in several checks is not possible.
4.2.3 : Payment by bank transfer
The consumer must take care to pay the transfer fees charged by his bank. The company TerraLED has to collect the net amount of the order.
4.2.5 : Payment in installments with ALMA
If the customer chooses to pay in 2, 3 or 4 instalments by credit card (order between 100 euros (incl. VAT) minimum and 2000 euros (incl. VAT) maximum), he accepts without reservation the general conditions of Alma. The company TerraLED will pay a part of the costs charged by the company ALMA. The following costs will be charged to the customer:
- For payment in 2 instalments: 1.55% per transaction
- For payment in 3 times: 1.55% per transaction
- For payment in 4 times: 2.35% per transaction
The consumer is directed from the site: www.terraled.com to the site https://pay.getalma.eu/ where he/she must provide all the necessary information to ALMA to study his/her financing file. The first instalment of the payment as well as the applied fees will be deducted at the validation of the order, the second instalment one month later, and depending on the number of instalments chosen, the third and fourth, respectively two and three months later (according to a schedule to be communicated by ALMA). If the said financing file is accepted by ALMA, TerraLED will process the consumer's order normally. TerraLED does not take the place of ALMA in the contractual and commercial relationship between TerraLED and the consumer on the occasion of the financing of the purchase, and cannot be held responsible in case of refusal of financing. TerraLED does not offer any financing by itself and only puts the consumer in contact with the ALMA service in case he chooses to contract with ALMA. The consumer must be a natural person of age or a legal person, domiciled in France. In the event of withdrawal, the fees paid by the customer for payment in installments will be refunded.
4.2.6 : Payment with Paypal
The consumer will have to comply with the conditions of use present on https://www.paypal.com in order to be able to make his purchases on TerraLED.com. The consumer recognizes and accepts that in case of payment by Paypal, the amount of his payment will be cashed at the time of the validation of his order. The payment by Paypal on the TerraLED.com site is subject to conditions. These conditions are at the discretion of TerraLED.
Article 5 : Delivery
5.1: Information
The products are delivered to the delivery address provided by the consumer when ordering online or offline, and only in the delivery areas proposed by the company TerraLED at the time of the order. The list of these delivery areas is available at any time at the following address: https://www.terraled.com/content/1-Delivery-led-grow-light
If the delivery address is different from the billing address, the consumer must provide these two separate addresses in the order form. Only the delivery address determines the application or not of the French VAT or the country of delivery (if necessary), or of customs duties.
It is also the responsibility of the consumer to provide any information useful to the delivery when ordering to allow the carriers to proceed with the delivery. In case of erroneous or incomplete information that makes it impossible for the carrier to proceed with the delivery, a second delivery will be made after the carrier has returned the goods to the company TerraLED, provided that the consumer pays the amount of new shipping costs beforehand.
5.2 : Delivery - absence
The ordered products are given to their addressee only against signature (except for light and small products sent in bubble envelopes, which can be deposited in mailboxes directly, or if this option is not offered by the selected carrier).
The consumer must proceed to an examination of the physical condition of the package delivered by the carrier, and this in the presence of the deliveryman. Any anomaly noted will have to be the subject of handwritten reserves carried on the delivery form of the carrier; these reserves will have to be explicit, detailed, dated and signed by the consumer. If the deliverer does not allow the consumer to verify the good condition of the package and its contents, the consumer has a period of 10 days to make reservations with the carrier, in case of anomaly related to transport. Beyond this period, no reserve related to transport will be admissible. In case of absence, and according to the carrier selected by the consumer at the time of his order, this one leaves a transit advice note in the mailbox of the consumer inviting him to withdraw the products at a given address or to contact him to agree on an appointment for the purposes of proceeding to a new delivery.
5.3 : Delay - Loss
In case of a significant delay or difficulty in locating the package, the consumer can contact the company TerraLED which will open an investigation in order to obtain explanations on the delay or to try to locate the package possibly misplaced by the carrier. The consumer shall provide the company TerraLED with all useful information that would enable it to locate the products ordered via the carrier. In such a case, TerraLED is dependent on the time limits imposed by the carrier for the declaration of loss and the refund of the shipment. These delays can vary depending on the carrier. In case of a significant delay, TerraLED will agree on a new delivery time with the consumer.
Article 6 : Returns
6.1 : Right of withdrawal
The consumer has a withdrawal period allowing him to renounce his purchase within 14 days from delivery, under the provisions of Article L 217-4 of the Consumer Code. He must first inform us of his intention to return the package in the context of exercising his right of withdrawal on the contact page of returns. The consumer can also return the ordered material together with the document that can be downloaded by clicking here. The delivered products must be returned to the company TerraLED at the expense of the consumer and under his responsibility (he is responsible for insuring the transport), in their original packaging and showing no trace of shock. Subject to the respect of the above provisions, the company TerraLED will proceed to the reimbursement of the ordered products for the amount mentioned on the order form within 15 days of the reception of the products. No reimbursement will be made if the products are not in their original packaging and in good condition. In accordance with the Consumer Code, audio or video recordings or computer software when they have been unsealed by the consumer are excluded from the right of withdrawal. The right of withdrawal of 14 days from receipt of the goods applies to professionals who (Article L121-16-1 of the Consumer Code) have 5 employees or less in the company, and if the subject of the contract does not fall within the scope of the main activity of the said professional.
6.2 : Terms and conditions of return (except for retraction)
Any return can be made only after obtaining a return number on the contact page of the returns and after having explained the reasons for the return. The return number thus obtained is only valid for eight clear days. The risks of transport are entirely at the expense of the sender, and it is thus up to him to carry out any diligence as for the safety of the routing, in particular by ensuring its sending. The return costs are entirely at the expense of the sender, except in the case where the return is motivated by an error of TerraLED in the preparation of the order or in the cases mentioned in article 7. In these cases, the return costs will be reimbursed on the basis of a registered colissimo shipment and on presentation of an invoice from the Post Office. No return can be motivated by a bad appreciation of the technical characteristics of a product or its incompatibility with other devices. Any return that has not been previously reported to the company TerraLED, that does not have a return number, that is not properly packaged, that concerns a product whose packaging has been opened or that after examination does not prove to be defective, cannot be accepted. It will then be up to the sender to recover his articles at his expense. If the latter wishes that one or several articles entering in one or several of the preceding cases of figures be sent back to him (her) it will be up to him to pay beforehand the sums necessary for this reforwarding. Repackaging costs can be deducted from the eventual reimbursement to the consumer in case the returned goods have been accepted by the company TerraLED despite minor damage to the packaging of the goods (e.g. plastic film). The provisions of this article do not apply to the returns provided for in article 6.1 of the present general terms of sale relating to the legal period of retraction as well as within the framework of the legal guarantee of conformity.
6.3 : Reimbursement TerraLED:
The refund of the consumer can, if he wishes, take the form of a credit note. The balance of this credit note can be consulted at any time in the "my account" section of the consumer.
It will be automatically proposed as a method of payment for future orders. If the amount of a next order is lower than the amount of the piggy bank, the new balance of the piggy bank will be available in the account of the customer just after the order.
Article 7 : Guarantees
The products are guaranteed by their manufacturers for the duration and according to the methods indicated on the description of the products appearing on the site www.terraled.com or on the guarantee form possibly joined to the products during the delivery. In case of defective product, the consumer will have to proceed to its return according to the conditions exposed in the article 7 of the present general conditions. No assumption of responsibility under guarantee will be possible beyond the period of guarantee proposed by the manufacturer on the products concerned. The costs and risks associated with the return of the defective product shall be borne by the consumer unless the return takes place within 30 days of the invoice date. The company TerraLED does not commit itself to any time limit for the processing of the return of the defective products, as the after-sales service operations are carried out by the manufacturer of the products concerned. The guarantee of the defective products is subject to the full payment of the price by the consumer. Malfunctions caused by improper use of the product or by an external cause (such as an electrical surge) do not give rise to a warranty.
When he acts in legal guarantee of conformity, the consumer :
- has a period of two years from the delivery of the goods to act;
- may choose between repairing or replacing the goods, subject to the cost conditions provided for 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 six months following the delivery of the goods. This period is extended to 24 months from March 18, 2016, except for used goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The consumer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and in this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Within the framework of this legal guarantee of conformity, the company TerraLED commits itself to bear all the costs related to the return of the material concerned.
Article 8 : Customs duties
Any order validated on the site and delivered outside of Metropolitan France and the European Union may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These customs duties and possible taxes related to the delivery of an article are the responsibility of the customer. TerraLED is not obliged to check and inform its customers about the applicable customs duties and taxes. In order to know them, it is up to the consumer to inquire with the competent authorities of his country. In case of refusal of the recipient to pay the customs duties or taxes, the sums possibly requested from TerraLED to recover the parcel will be deducted from the refund made to the customer.
Article 9 : Offers and promotional codes
Promotional codes, vouchers, "sponsorship" offers or "loyalty" offers generated do not apply to gift vouchers, nor to shipping costs, except if the promotional code specifically relates to shipping costs. These offers can be used outside of promotions and special offers (unless otherwise specified).
Promotional codes and vouchers cannot be combined with other promotional codes or offers (unless otherwise specified). Offers, vouchers and promotional codes are not redeemable for their cash value. In the event of an item return (refund/credit), promotional codes, vouchers, "sponsorship" or "loyalty" offers cannot be reused for a new purchase.
Refunds/credits following returns will only concern the sums actually paid, thus excluding the part paid by the promotional codes, purchase vouchers, "sponsorship" or "loyalty" offers.
Article 10: Reserve of property
The transfer of property of the products delivered to the consumer intervenes only after integral payment of their price and its accessories by its care. During the period elapsing until the complete payment of the price and its accessories, the risks of loss, flight or destruction are the responsibility of the consumer.
Article 11 : Personal data
In accordance with the law of January 6, 1978 modified by the law of August 6, 2004, the Net surfers have a right of access and of correction to the personal data concerning them. These data are only provided in order to proceed with the delivery of products ordered through the site, by fax, telephone or mail. It is mandatory for the processing of the order and for any checks that may be carried out to combat fraud. If optional data were to be collected, the consumer would be advised of this optional character. The consumer is informed that the refusal to provide mandatory data results in the impossibility of proceeding with the delivery of the products he would like to order. He is also informed that in the context of verification operations of the information provided during his order, the data may be transmitted to third parties for the sole purpose of verification. The consumer has the possibility of opposing the possible transfer to a third party of personal data concerning him, except the third parties in charge of the verification of the compulsory data provided at the time of the order, being specified that this opposition could have for consequence the impossibility of treating his order. The creation of a customer account on www.terraled.com entails the possibility for the consumer to choose to receive occasional promotional offers from the company TerraLED only, it being specified that each mailing will contain an unsubscription link allowing him at any time to stop receiving these promotional offers. Information on the implementation of "cookies" intended to allow and/or facilitate the placing of online orders is available on this page of the site www.terraled.com . All requests for clarification concerning personal data and/or the purpose of the processing set up, as well as the exercise of the rights of access, rectification and opposition shall be made to the address [email protected]
Article 12: Nullity - Tolerance
In the event that one or more of the stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force or scope. The fact that TerraLED or the consumer does not take advantage of a breach of one of the obligations resulting from the present general conditions or tolerates a situation does not have the effect of granting the other party acquired rights. Such tolerance shall in no case be interpreted as a waiver of the rights in question.
Article 13: Force majeure - Applicable law
The mutual obligations resulting from the present general conditions are likely to be suspended in the event of the occurrence of a fortuitous event or force majeure. Will be considered as such those usually retained by the jurisprudence of the French courts. The present general conditions are subject to French law with regard to the rules of substance as well as the rules of form. Any dispute shall be subject to an attempt at amicable settlement.