WEBSITE TERMS AND CONDITIONS OF USE FOR PROVIDING THE INDIAKA® LABEL
ARTICLE 1 – SCOPE OF APPLICATION
These terms and conditions of use (hereinafter referred to as “CGU” – Conditions Générales d’Utilisation) apply exclusively to all orders placed with MOREL DIFFUSION SAS via the website https://indiaka.cyclamen.com/ . These CGU supplement the terms and conditions of sale applicable for the sale of Indiaka® cyclamen seeds. By placing an order, the customer unconditionally accepts the conditions of the present CGU upon the date of validation of the order. According to current regulations, MOREL DIFFUSION SAS retains the right to derogate from certain clauses of the present CGU, dependent upon negotiations conducted with the customer.
ARTICLE 2 – FUNCTIONING
This website, which provides the Indiaka® label, does not feature any means of payment as the Indiaka® product is free of charge. The customer will not be able to choose his method of delivery, as MOREL DIFFUSION SAS retains the right to choose the delivery service provider for its product labels. The carrier shall invoice the customer for transport costs upon receipt of the products.
ARTICLE 3 – ORDERS
The customer places an order with MOREL DIFFUSION SAS on the website https://indiaka.cyclamen.com/ , indicating the desired products and quantities together with the delivery address as well as the billing address for transport costs. The order is confirmed upon receipt of a confirmation email from the logistics provider. Once confirmation is received, the customer cannot modify the order nor cancel the order. In addition, the carrier retains a right to refuse an order from a customer that has not settled previous overdue transport invoices in full.
3-2 Product Availability
Depending on the item’s availability in inventory, the product can be delivered within 4 to 10 working days for deliveries within the European Union. For orders outside the European Union, the delivery time can only be communicated by contacting the customer service department of the transport provider. Due to the unpredictable nature of requests for this label, MOREL DIFFUSION SAS cannot guarantee stock availability. Such a situation involves a 3 to 4 week lead time for replenishment. The products are delivered to the delivery address you specified when placing your order.
ARTICLE 4 – CONFORMITY AND MODIFICATION OF THE LABEL
MOREL DIFFUSION SAS is the sole responsible for the product quality and characteristics on offer to the customer. MOREL DIFFUSION SAS can, at any time and on its own initiative, make any design modifications, with no reservation on the part of the customer.
ARTICLE 5 – RATES AND PAYMENT
Placing orders for labels on https://indiaka.cyclamen.com/ is free of charge and is a complementary service when ordering seeds of the same variety. Only delivery costs will be invoiced to the customer by the carrier designated by MOREL DIFFUSION SAS. The delivery costs to Europe indicated are net of tax. For an estimate of international delivery costs, the customer must directly contact the carrier. The amounts indicated are given for information purposes only and are not binding on the provider. These amounts are estimated as accurately as possible, however, due to transportation hazards that are beyond the control of the service provider, they may be modified keeping the impact on the customer’s invoice to a minimum. In case of dispute on the invoice for any reason whatsoever, the customer must pay the invoice to the service provider and contact MOREL DIFFUSION SAS for any compensation. MOREL DIFFUSION SAS will then get closer to the service provider. Invoices are paid within 60 days of the invoice date by bank transfer (bank details on the invoice). Should the customer fail to pay following the receipt of goods, penalties for late payment will be applied as of right at a rate of 0.8% per month, as well as a flat-rate compensation for recovery costs of €40 ex VAT per invoice. To qualify for VAT exemption, the customer must provide its intra-community VAT number, regardless of the country in which it is established. Otherwise VAT will be charged.
ARTICLE 6 – TRANSPORT OF GOODS
MOREL DIFFUSION SAS is at liberty to choose the mode of transport and the service provider for the delivery of the goods. Under no circumstances can MOREL DIFFUSION SAS be held responsible for delays in delivery due to the choice of carrier, nor for damage suffered by the goods in transit.
ARTICLE 7 – FORCE MAJEURE – LIABILITY
MOREL DIFFUSION SAS and its carrier cannot be held responsible for failure to perform the contract as a result of a force majeure event. MOREL DIFFUSION SAS and its carrier will not be held responsible for any indirect damage resulting from operating loss, loss of profit, damage or costs, which may occur.
ARTICLE 8 – DISPUTES
This contract is governed by French law. Any disputes relating to the formation, performance and termination of contractual obligations between the parties which cannot be settled amicably shall be submitted to the French courts. Any dispute arising shall be referred to the competent courts of the head office of MOREL DIFFUSION SAS, whatever the conditions of sale and the method of payment accepted, even in the event of a warranty claim or multiple defendants. In all cases, MOREL DIFFUSION SAS reserves the right to refer the matter to the competent court of the customer’s head office or residence.
ARTICLE 8 – TRANSPORT SERVICE
PROVIDER DESIGNATED BY MOREL DIFFUSION SAS Company name : FLORAMEDIA France SARL Head Office: Immeuble « Le Britannia » Bâtiment C 20, bd Eugène Deruelle 69432 Lyon Cedex 03
Phone number: +33 (0)188.8.131.52.90
Contact email address: firstname.lastname@example.org