These General Terms and Conditions of Sale are current as at 23 April 2024.
Definitions
These General Terms and Conditions of Sale (hereinafter referred to as the ‘GTCS’) are offered by Greenland Organic (hereinafter referred to as the ‘Company’), a limited company with capital of 3,000 euros, registered in the Malaga Trade and Companies Register under number B13849708, represented by Antonio González Ruiz de Mier, whose registered office is at C/El Puente s/n, 29560 PIZARRA, (MÁLAGA).
Its toll-free telephone number is +34 680 88 06 39, and you can contact it using the form on the Contact page of the website.
The company is the owner and publisher of the Greenland-Organic website (hereinafter referred to as ”the Site”). The Site is hosted by Hetzner, domiciled at Industriestr. 25 91710 Gunzenhausen Germany, reachable at +49 (0)9831 505-0.
The Site offers the Customer (hereinafter the ‘Customer’) the possibility to order pallets of organic products (hereinafter the ‘Products/Services’).
Before using the Site, the Customer must ensure that he/she has the technical and IT resources to use the Site and to order the Services and Products on the Site, and that his/her browser allows secure access to the Site. The Customer must also ensure that the computer configuration of their hardware/equipment is in good condition and does not contain any viruses.
Application and enforceability of the GCS
The purpose of these GTS is to define all the conditions under which the company markets the Products and/or Services offered for sale on the Site to Customers. They therefore apply to any Order (hereinafter referred to as an ‘Order’) for Products and/or Services placed on the Site by the Customer.
The Customer declares that he/she has read and accepted these GTS before placing his/her Order.
Confirmation of the Order therefore implies acceptance of these GCS. These Terms and Conditions are updated on a regular basis. The applicable Terms and Conditions are those in force on the Web Site on the date the Order is placed.
In the absence of express acceptance by the Customer, any condition to the contrary shall be unenforceable against the company, regardless of when it may have been brought to the company’s attention.
The fact that the Company does not avail itself of any provision of these GTC at a given time may not be interpreted as a waiver of the right to avail itself of any provision of these GTC at a later date.
Ordering Products/Services on the site
The company reserves the right to correct the content of the Site at any time.
The Customer can find out on the product page the period during which, or the date up to which, spare parts essential for the use of the product are available on the market.
The Products and/or Services offered for sale are described and presented as accurately as possible. Nevertheless, the company cannot be held responsible for any slight variation in the colour of the product(s) and this does not affect the validity of the sale.
The Customer selects the Product(s) and/or Service(s) that they wish to purchase, and may access the summary of their Order at any time.
The Order summary lists the Product(s) and/or Service(s) that the Customer has selected, and includes any additional charges, such as the price of delivery, which are added to the price of the Product(s) and/or Service(s) in the Order. The Customer may modify his/her Order and correct any errors before accepting it.
Once they have accessed the summary of their Order, Customers confirm that they accept their Order by ticking the box indicating that they accept the General Terms and Conditions of Sale and then clicking on the Order Confirmation icon. The words ‘Order subject to payment’ or a similar unambiguous wording shall appear next to the Order validation icon to ensure that the Customer explicitly acknowledges his/her obligation to pay for the Order.
Once the Customer has accepted the General Terms and Conditions of Sale and validated the Order with the obligation to pay, the contract shall be validly concluded between the company and the Customer and shall be irrevocably binding on both parties.
Once the Order has been confirmed, and in order to be able to proceed with payment, the Customer enters the contact details for delivery of the product(s) and receipt of the service(s), and for invoicing if these are different. The process for delivering the product(s) and receiving the service(s) is described in article 5 of these GCS.
The company will then send the Customer an Order confirmation by e-mail, containing the details of the Order summary and the delivery and, where applicable, billing addresses entered.
Once the Customer has validated their delivery details and, where applicable, their invoicing details, they shall proceed to pay for their Order in accordance with the terms and conditions set out below.
Order prices and payment terms
The prices are stated on the Site in the descriptions of the Products and/or Services, in euros and exclusive of tax and inclusive of all taxes.
The total amount is indicated in the Order summary, before the Customer accepts these GTC, validates his/her Order, enters and validates his/her delivery details and, where applicable, his/her invoicing details, and proceeds with payment. This total amount includes all taxes.
Orders for Products and/or Services on the Site are payable in euros. Payment must be made in full on the day the Order is placed by the Customer, by bank card unless special conditions of sale are expressly accepted by the Customer and the company.
In the event of payment by bank card, the Site uses the Stripe security system, a service provider specialising in online payment security. This system guarantees the Customer total confidentiality of his/her bank details. The bank card transaction between the Customer and the secure system is therefore fully encrypted and protected. The Customer’s bank details are not stored electronically by the company. Stripe’s general terms and conditions of use may be consulted at the following address: https://stripe.com/fr/legal/ssa/fr-fr.
The Customer guarantees the company that he/she has the necessary authorisation to use the method of payment when placing the Order.
The company reserves the right to suspend or cancel the performance and/or delivery of any Order, regardless of its nature and level of performance, in the event of non-payment or partial payment of any sum owed by the Customer to the company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
Use of Services/Delivery
The product(s) offered on the Site may be delivered to Metropolitan France. The service(s) is (are) automatically delivered to the Customer once the Order has been validated.
The company undertakes to deliver the product(s) within a period not exceeding 30 days from the date of the Order. Customers must ensure that the information they provide when placing their Order is correct.
Once their Order is ready, Customers will be informed by e-mail when it has been dispatched. The product(s) ordered shall be delivered to the delivery address indicated by the Customer at the time of placing the Order, in accordance with the conditions set out in article 3 of these GTCS.
The Customer must ensure that the information provided is correct, and that it remains so until delivery of the product(s) ordered has been completed. The Customer therefore undertakes to inform the company of any change in billing and/or delivery details that may occur between the Order and delivery, by sending an email to the customer service email address without delay. Failing this, in the event of a delay and/or error in delivery, the Customer may not, under any circumstances, hold the company liable for a failure to deliver, and the company’s customer service department will contact the Customer to arrange a second delivery at the Customer’s expense.
Neither shall the company be liable if the non-receipt of the Products and/or Services is due to the act of a third party beyond its control or in the event of theft.
If the Order is returned due to the Customer’s absence, the company’s customer service department shall contact the Customer to arrange a second delivery at the Customer’s expense.
Customers may track the delivery of their Orders by contacting the customer service number given in article 6 of these GTCS.
Customer service
For any request for information, clarification or complaint, the Customer must first contact the company’s customer service department, to enable the latter to attempt to find a solution to the problem.
The company’s customer service can be reached using the following contact details:
Telephone: +34 680 88 06 39
Email: hola@greenland-organic.com
Post: C/El Puente s/n, 29560 PIZARRA, (MÁLAGA)
Legal and commercial guarantees
All products offered by the company are subject to the legal guarantee of conformity provided by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the guarantee against hidden defects provided by articles 1641 and 1648, first paragraph, of the Civil Code:
The non-conforming product will be replaced or repaired in accordance with the cost procedures set out in the French Consumer Code.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Customer therefore
(i) has a period of two (2) years from delivery of the product in which to bring an action for lack of conformity of the Product
(ii) is exempt from having to prove the existence of the lack of conformity of the goods during the ten (10) months following delivery of the product,
(iii) may choose between repairing or replacing the Product, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code.
In addition, the Customer may also invoke the legal warranty for hidden defects in the item sold, as defined in articles 1641 et seq. of the French Civil Code. The legal warranty for hidden defects allows the Customer, within a period of two years from the discovery of the defect, to be reimbursed for a Product that has proved to be unfit for its intended use.
The Hidden Defects Guarantee enables the Customer to be protected against hidden defects in the Product purchased which prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has the choice between two options: keeping the product and requesting a reduction in the price, or returning the product and requesting reimbursement of the price paid, in accordance with article 1644 of the French Civil Code.
You are reminded of the following legal provisions:
Art. L217-4 of the French Consumer Code: ”The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.”
Art. 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 (a) if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model ; (b) if it has the qualities that a buyer may legitimately expect having regard to public statements made by the seller, by the producer or by 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. ”
Art. L217-7 of the French Consumer Code: ” Defects in conformity which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity claimed. ”
Art. L217-8 of the Consumer Code: ” The buyer is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies if the defect is due to materials supplied by the buyer. ”
Art. L217-9 of the French Consumer Code: ”In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer. ”
Art. L217-10 of the Consumer Code: ” If repair or replacement of the goods is impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is available to the buyer: 1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month of the buyer’s complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and their intended use. However, the sale may not be rescinded if the lack of conformity is minor. ”
Art. L217-11 of the French Consumer Code: ” The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages. ”
Art. L217-12 of the French Consumer Code: ”Action resulting from a lack of conformity shall be barred after two years from delivery of the goods. ”
Art. L217-13 of the French Consumer Code: ”The provisions of this section do not deprive the buyer of the right to bring an action resulting from redhibitory defects as set out in articles 1641 to 1649 of the French Civil Code or any other action of a contractual or extra-contractual nature recognised by law. ”
Art. 1641 of the French Civil Code: ”The seller is liable for any hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which impair that purpose to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them. ”
Art.1642 of the Civil Code: ”The seller is not liable for apparent defects of which the buyer has been able to convince himself. ”
Art. 1643 of the Civil Code: ” He is liable for hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.”
Art. 1644 of the Civil Code: ”In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned to him, or keeping the thing and having part of the price returned to him. ”
Art. 1646 of the Civil Code: ”If the seller was unaware of the defects in the thing, he shall only be bound to return the price, and to reimburse the buyer for the costs incurred by the sale. ”
Art. 1648 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. (…) ”
If a Customer considers that they have received a product that they consider to be defective or non-conforming, they must contact the company as soon as possible after receipt of the Order, at the following e-mail address: hola@greenland-organic.com, specifying the defect or non-conformity in question.
It shall be the Customer’s responsibility to provide full justification of the apparent defects and/or anomalies observed. The Customer must allow the company every opportunity to ascertain these defects or non-conformities and to remedy them if necessary. He shall refrain from intervening himself or having a third party intervene for this purpose.
If the defects and/or anomalies are confirmed by the company, it will then send the Customer its instructions on how to proceed after having taken note of the complaint thus formulated and, if necessary, will proceed with the replacement of the product of which the company would have been led to note the lack of conformity, or the defectiveness.
In the event that it is impossible to exchange the product, the company will be obliged to reimburse the Customer within fourteen days of receipt of the product. The reimbursement will be made at the company’s proposal by crediting the Customer’s bank account, with the Customer being able to opt for another method of reimbursement than the one proposed.
Customer obligations
The Customer undertakes to comply with the terms of these GTC.
The Customer undertakes to use the Site and the services in accordance with the company’s instructions.
The Customer agrees to use the Site solely for his or her own personal use, in accordance with these GTC. In this respect, the Customer agrees to refrain from:
Use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these GTC;
Selling, copying, reproducing, renting, lending, distributing, transferring or sub-licensing all or part of the content appearing on the Site or decompiling, reverse engineering, disassembling, modifying, displaying in a form readable by the Customer, attempting to discover any source code or using any software activating or comprising all or part of the Site;
Attempt to obtain unauthorised access to the Site’s computer system or to engage in any activity that disrupts, diminishes the quality of or interferes with the performance or deteriorates the functionalities of the Site;
To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to gain unauthorised access to the Site;
infringe the company’s intellectual property rights and/or resell or attempt to resell the products to third parties;
To denigrate the Site and/or the products as well as the company on social networks and any other means of communication.
If, for any reason whatsoever, the company considers that the Customer is in breach of these GTC, the company may, at any time and at its sole discretion, remove the Customer’s access to the Site and take all measures, including civil and criminal legal action, against the Customer.
Right of withdrawal
In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of 14 days from the date of validation of his/her Order on the Site to exercise his/her right of withdrawal from the company, without having to justify his/her decision or pay any penalty.
All Products/Services may be withdrawn, with the exception of those excluded by article L. 221-28 of the French Consumer Code, reproduced below:
The right of withdrawal cannot be exercised for contracts :
1° For the supply of services fully performed before the end of the withdrawal period and where performance has begun with the consumer’s express prior agreement and express waiver of his right of withdrawal;
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
3° The supply of goods made to the consumer’s specifications or clearly personalised;
4° The supply of goods that are likely to deteriorate or expire rapidly;
° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
7° The supply of alcoholic beverages, the delivery of which is deferred for more than thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
8° Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
12° Provision of accommodation services, other than residential accommodation, transport of goods, car hire, catering or leisure activities that must be provided on a specific date or during a specific period;
13° The supply of digital content not supplied on a tangible medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.
In order to exercise their right to withdraw from the Order, Customers must notify their decision to withdraw using the withdrawal form attached hereto or by means of an unambiguous statement, without giving any reason. The Customer may notify the company of his/her decision to withdraw by any means, including by sending a letter to the company at the following address: C/El Puente s/n, 29560 PIZARRA, (MÁLAGA) or by e-mail to hola@greenland-organic.com.
In the event that the Customer notifies the company of his/her decision to withdraw, regardless of the means used, the company will immediately send the Customer an acknowledgement of receipt of the withdrawal on a durable medium (in particular by e-mail).
The Customer must return the product(s) in the same condition in which he/she received them, and with all packaging, accessories and instructions (even if the product(s) has/have been unpacked), as soon as possible and at the latest within 14 days of notification of the decision to withdraw from this contract, to the following address: C/El Puente s/n, 29560 PIZARRA, (MÁLAGA). In accordance with the law, the Customer shall bear the cost of returning the product(s).
If the Customer withdraws, the company will reimburse the Product(s) and/or Service(s) that was (were) the subject of the right of withdrawal using the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to a different means. In any event, this refund will not incur any costs for the Customer. The refund shall be made as soon as possible, and no later than 14 days from the date on which the company is informed of the Customer’s decision to withdraw from the Order.
In accordance with article L.221-23 of the French Consumer Code, the Customer is hereby informed that he/she shall only be liable to the company for any depreciation in the value of the product(s) returned following the exercise of his/her right of withdrawal, resulting from handling other than that required to establish the nature, characteristics and proper functioning of said product(s). If the Services are used within the withdrawal period, the Customer is deemed to have expressly waived his/her right of withdrawal.
Liability
The company takes all appropriate measures to ensure that the Customer is supplied with quality product(s)/quality service(s) under optimum conditions. However, under no circumstances will the company be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party outside the contract, or to a case of force majeure. More generally, should the company be held liable, it may under no circumstances agree to compensate the Customer for indirect damage or damage whose existence and/or quantum is not established by evidence.
The company may not be held liable for damage caused by misuse of one of its Products/Services or by failure to observe the precautions for use and conditions of hygiene, storage and safety when using one of its Products/Services.
The Site may contain links to other sites not edited or controlled by the company, which may not be held responsible for the operation, content or any element present on or obtained via these sites.
The establishment of such links or the reference to any information, articles or services provided by a third party cannot and must not be interpreted as an express or tacit endorsement by the company of these sites and these elements or their content.
The company is not responsible for the availability of these sites and cannot control their content or validate the advertising, product(s)/service(s) and other information disseminated on these websites.
It is expressly stipulated that the company may not under any circumstances be held liable, in any way whatsoever, in the event that the Customer’s computer equipment or electronic mailbox rejects, for example as a result of anti-spam software, electronic mail sent by the company, including but not limited to the copy of the payment receipt, the Order summary or the dispatch tracking e-mail.
The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, which are essential conditions without which the company would never have entered into a contract.
Security
The Customer undertakes not to undermine the security of the Site. To this end, they undertake not to access and/or maintain the company’s information system fraudulently. Nor may the Customer damage or hinder the company’s information system. Should the Customer fail to do so, the Company may take any measure against the Customer, including incurring criminal liability under articles 323-1 et seq. of the French Penal Code.
Intellectual property and personal data
All elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or all other intellectual property rights. These elements are the exclusive property of the company. All these rights are reserved worldwide.
The name and trademark, logos, designs and models, stylised letters, figurative trademarks and all the signs represented on this Site are and shall remain the exclusive property of the company.
No title or right whatsoever in any element or software may be obtained by downloading or copying elements from this Site. The Customer is formally prohibited from reproducing (other than for his own personal and non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to, modifying or performing any work based on this Site and the elements and software contained therein, nor from selling or participating in any sale in connection with this Site, the elements of this Site or any related software.
The company grants the Customer a non-exclusive licence to use the Site. This licence is strictly personal and may not under any circumstances be assigned or transferred to any third party whatsoever. The licence is granted for the duration of use of the Site.
Any use by the Customer of the company names, trademarks and distinctive signs belonging to the company is strictly prohibited without the express prior agreement of the company.
The company understands that the protection of data and privacy is an issue for all Internet users visiting the Site. The company undertakes, in accordance with the RGPD regulations, to respect your privacy and to protect your personal data, i.e. data likely to identify you directly or indirectly as a person.
As part of the order process, the company is required to collect the Customer’s personal data. The company undertakes to protect customers’ personal data.
Files containing personal data required for the order are stored on the servers of the Site host. This service provider ensures that it complies with the requirements of the General Data Protection Regulation (RGPD). The company does not communicate or trade customers’ personal data.
At the stage of placing an order on the Site, the Customer expressly consents to the collection and processing of his or her personal data required to complete the orders.
The purpose of the personal data collected by the company is to enable the order to be fulfilled. The various personal data will not be kept longer than is necessary for the purposes for which they were collected, including compliance with legal or fiscal obligations.
In accordance with the provisions of law no. 78-17 of 6 January 1978, as amended by law no. 2004-801 of 6 August 2004 known as ‘Informatique et Libertés’, and with the General Data Protection Regulation (RGPD), subject to proof of identity, all Customers, whatever their nationality, have the right to access, modify and delete their personal data. Each Customer is also entitled to request a restriction on the processing of their data and also has a right to data portability and a right to object to the processing of their personal data.
In order to apply this clause and, in particular, to ensure the confidentiality of Customer data, the company has appointed a Data Protection Officer in accordance with the provisions of the General Data Protection Regulation (RGPD), who can be contacted at the following address: hola@greenland-organic.com.
In any event, any Customer has the right to make any complaint to the CNIL.
Newsletter
By ticking the box provided for this purpose or by expressly agreeing to this, the Customer accepts that the company may send them, at a frequency and in a form determined by it, a newsletter which may contain information relating to its activity.
When the Customer ticks the box provided for this purpose in the Site registration process to place the Order, he/she agrees to receive commercial offers from the company for products/services similar to those ordered.
Customers may unsubscribe from the newsletter by clicking on the link provided for this purpose in each newsletter.
Do not call list
The Customer has the option of registering free of charge on a BLOCTEL telephone anti-solicitation list (www.bloctel.gouv.fr) in order to no longer be canvassed by telephone by a professional with whom they have no current contractual relationship, in accordance with Law No. 2014-344 of 17 March 2014 on consumer affairs.
All consumers have the option of registering for this list free of charge on the https://conso.bloctel.fr/index.php/inscription.php website.
Applicable law and jurisdiction
These GTC shall be governed by and construed in accordance with French law, without regard to principles of conflict of laws.
In the event of a dispute arising from the interpretation and/or performance of these GTS or in connection with these GTS, the Customer may decide to submit the dispute with the company to a conventional mediation procedure or any other alternative dispute resolution method.
Finally, it should be noted that mediation is not compulsory, but is offered solely as a means of resolving disputes without recourse to the courts.
The Customer may also visit the European platform for the settlement of consumer disputes set up by the European Commission at the following address, which lists all the approved dispute settlement bodies in France: https://webgate.ec.europa.eu/odr/.
If this mediation procedure fails or if the Customer wishes to take the matter to court, the rules of the Code of Civil Procedure will apply.
Appendix 1
WITHDRAWAL FORM
Greenland Organic
C/El Puente s/n, 29560 PIZARRA, (MÁLAGA)
hola@greenland-organic.com
+34 680 88 06 39
I hereby notify you of my withdrawal from the contract for the sale of the product(s)/service(s) listed below:
Ordered on :
Received on :
Order number :
Customer name :
Customer address :
Date :
Customer signature :