Your CBD Extract Wholesaler
Terms & Conditions
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Object
The company K-LAB (hereinafter : "K-LAB ") sells Flowers and cannabidiol leaves, as well as cannabidiol-based products (hereinafter: " Products ) to professional companies and buyers (hereinafter: the "Buyers"). Buyers "), for use by them.
The present general terms and conditions of sale (hereinafter referred to as the " Terms and Conditions ") apply without restriction or reservation to all sales of Products to Buyers. Their purpose is to define the terms and conditions of the sale and delivery of Products, and to define the rights and obligations of the parties in this context.
Together with the quotation referred to in Article " Product Order "(hereinafter referred to as the " Quotation ) constitute an indivisible contractual whole (hereinafter referred to as the "Contract"). Contract "). In the event of contradiction, the provisions of the Quotation shall prevail over the General Conditions. In the event of contradiction between different Quotations, the most recent document shall prevail over the oldest.
The Contract takes precedence over any other general or special conditions not expressly approved by .
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Acceptance of terms and conditions
Any validation of a Quotation under the conditions set out in the article " Product Order "hereinafter, implies full acceptance of these Terms and Conditions.
Any conditional acceptance is considered null and void. Any Buyer who does not agree to be bound by these General Terms and Conditions must not place an order with .K-LAB.
K-LAB reserves the right to modify these General Conditions at any time. In this case, the applicable conditions will be those sent to the Purchaser with the Quotation.
The parties declare that they have had the time and opportunity to exchange all the information, including that provided for in article 1112-1 of the French Civil Code, which governed the negotiation and conclusion of this Contract.
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Order Products
- Placing an order
The Purchaser may consult the Products offered for sale by K-LAB on the latter's website, accessible at the following address www.legrossisteducbd.fr or by asking K-LAB to send him a catalog of his Products via the following email address [email protected]
The photographs and descriptions of the Products offered for sale are as accurate as possible. They are only binding for what is precisely indicated. The Buyer is however informed and accepts that certain characteristics of the Products may not correspond exactly to the photographs presented on the Site, due to technical constraints.
The Purchaser may place an order for Products either by visiting K-LAB's premises, or by contacting K-LAB by email or telephone, using the contact details given at the beginning of this document.
On the basis of the information given by the Purchaser concerning the categories and quantities of Products he/she wishes to order, K-LAB will send the Purchaser, by email, a Quotation, including in particular a summary of the order, the price of the Products purchased, as well as the place of delivery and the foreseeable delivery times as of the validation of the Quotation, and a copy of these General Conditions.
Unless otherwise specified in the Quotation, it constitutes an offer to sell valid for 15 (fifteen) calendar days from the date it is sent. Failing validation by the Buyer within this period, the offer to sell will lapse. The Buyer who wishes to accept the offer must validate the Quotation within the above-mentioned period, by any useful written means, and in particular by returning the signed Quotation. This validation constitutes the formation of the Contract.
Prior to validating the Quotation, the Purchaser may ask K-LAB to send samples of the Products. These will then be sent to the Purchaser by post, together with the results of the tetrahydrocannabinol analysis.
- Order confirmation
For all orders with a price equal to or greater than 5,000 (five thousand) euros exclusive of tax, the Purchaser is required to pay a deposit of 20% (twenty percent) of the price. Confirmation of the order by K-LAB is conditional upon payment of this deposit, in accordance with the conditions set out in the article " Prices and payment terms ".
Once the Purchaser has validated the Quotation and, where applicable, paid the deposit, K-LAB will send the Purchaser an order confirmation email summarizing the elements of the order and including the General Terms and Conditions in force on the day of the order, as well as, where applicable, the deposit invoice.
The Purchaser must ensure that the contact details communicated at the time of ordering are correct and that they enable him/her to receive the order confirmation email. If the Purchaser does not receive the order confirmation e-mail, he/she should contact K-LAB using the contact details given at the beginning of this document.
- Order cancellation
Once the order has been confirmed, the sale is considered firm and definitive. Consequently, no order can be cancelled once it has been confirmed.
In the event that K-LAB agrees to cancel an order, for any reason whatsoever, except when it is due to a case of force majeure under the conditions stipulated in the article "Force majeure". Force majeure "this cancellation will be subject to the following penalties:
- Cancellation more than 30 (thirty) days before the foreseeable delivery date indicated in the Quotation: 15% (fifteen percent) of the price of the cancelled order;
- Cancellation less than 30 (thirty) days before the foreseeable delivery date indicated in the Quotation: 50% (fifty percent) of the price of the cancelled order.
In any case, for orders subject to the payment of a deposit, the amount corresponding to the deposit will remain due to .
- Reorder
For a restocking order, the Purchaser must place a new order according to the same procedures as for an initial stock order, as described above. K-LAB undertakes to restock the Purchaser's order as soon as possible, subject to having sufficient stock of Products to meet the restocking order.
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Prices and payment terms
- Price
Unless otherwise stated, the selling price of the Products ordered is indicated in euros and exclusive of tax in the Quotation.
The price does not include transport, customs duties and insurance (hereinafter : "the delivery costs "), which are borne by the Buyer and are also indicated in the Quotation.
K-LAB may, however, offer Purchasers the option of having the Products ordered transported by a dedicated carrier. In addition, all orders with a price equal to or greater than 20,000 (twenty thousand) euros excl. tax include transport of the Products by a dedicated carrier.
K-LAB reserves the right, at its own discretion and on terms to be determined by it alone, to offer promotional offers or price reductions.
- Terms of payment
For all orders with a price equal to or greater than 5,000 (five thousand) euros exclusive of tax, a first invoice corresponding to 20% (twenty percent) of this price is issued upon confirmation of the order, and a second invoice corresponding to the balance of the price is issued upon delivery of the Products.
For orders of less than 5,000 (five thousand) euros exclusive of tax, K-LAB sends an invoice for the total price upon delivery of the Products.
Unless otherwise specified, invoices are sent by e-mail and are payable within 15 (fifteen) days of the date of issue.
Any delay in payment of all or part of a sum due on its due date will automatically, without prior notice: (i) result in the acceleration of all sums due by the Buyer and their immediate payment, (ii) result in the invoicing of late payment interest at the rate of 3 (three) times the French legal interest rate, based on the amount of all sums due by the Buyer, in addition to a fixed indemnity of 40 (forty) euros for collection costs.
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Delivery and receipt of Products
- Terms of delivery
For Purchasers who have requested it, K-LAB can offer different delivery methods, depending on the categories of Products ordered, their weight and the desired delivery address. Before validating the order, the Purchaser is informed of the possible delivery methods for the Product ordered, as well as the delivery times and costs corresponding to each of these methods.
The estimated delivery time for each order will be indicated in the Quotation. The Buyer expressly accepts that this delivery time is indicative only, and that we cannot be held liable for any delay in delivery in relation to the stated delivery time.
K-LAB shall bear all risks associated with the delivery of the Products, including the risks associated with the loading of the Products by the carrier.
- Receipt of products
Acceptance of the Products is evidenced by the Buyer's signature on a delivery note given to the carrier. Failing this, delivery will be deemed to have taken place on the delivery date indicated in the Quotation, unless the Purchaser notifies , in writing, within 48 (forty-eight) hours that the Products have not been delivered.
Upon receipt of the Products, it is the Buyer's responsibility to check their apparent condition and, in the case of Products that are cannabidiol flowers or leaves and, more generally, raw plant extracts from hemp , that they have not undergone any drying process likely to increase their tetrahydrocannabinol content.
To this end, the Buyer shall also weigh the Products received, in order to verify that their weight is not less than 98% (ninety-eight percent) of the weight indicated in the Quotation, and send photographs of the results of the weighing operation, by any useful means.
If the Purchaser notes that certain delivered Products present a lack of conformity, in particular with regard to the maximum tetrahydrocannabinol level imposed by the regulations in force, he must inform K-LAB in writing no later than 7 (seven) calendar days from the date of delivery, specifying the nature of the lack of conformity noted. Failing this, no subsequent claim will be accepted.
K-LAB will organize with the carrier of its choice the modalities of their return and will inform the Purchaser by any useful means. K-LAB will bear the cost of this return.
If the Products prove to be non-compliant after verification by K-LAB, K-LAB will offer the Purchaser a replacement or refund depending on available stocks.
However, Products that are cannabidiol flowers or leaves, raw plant extracts from hemp or perishable products whose weight upon receipt is less than 95% (ninety-five percent) of the weight indicated in the Quotation will not be replaced. K-LAB will proceed with their reimbursement, provided that photographs of the results of their weighing demonstrate that their weight is less than the aforementioned percentage and that the verification of the products returned by the Purchaser is deemed to be consistent with the descriptions provided at the time of the claim.
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Reservation of Ownership
The Products remain the property of K-LAB until full payment of the order price (including delivery costs) has been received by K-LAB. In the event of non-payment on the due date of any sum whatsoever owed by the Purchaser, K-LAB is entitled to immediately take back the Products delivered and the Purchaser is obliged to return them on first request.
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Product development and marketing
The operation and marketing of the Products shall be the sole responsibility of the Purchaser, who shall be free to determine the terms and conditions, in particular the financial terms and conditions, and shall enter into all contracts for this purpose with its resellers, distributors and/or end customers (hereinafter jointly referred to as the "Customers"). Customers ").
The Buyer shall also be solely responsible for any advertising or promotional activities it may undertake in connection with its use of the Products. He undertakes to ensure that these actions do not harm the brand image of the Products.
The Buyer expressly acknowledges and accepts that no unsold Products will be taken back.
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Proof agreement
The Buyer expressly acknowledges and accepts:
- that the data collected on the computer equipment of are proof of the reality of the operations carried out within the framework of the present contract;
- that this data constitutes the principal method of proof accepted between the parties, in particular to determine the reality of orders, deliveries of Products and payment of their price.
K-LAB may transmit this data and information to the Purchaser upon request.
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Obligations and liability of
- K-LAB undertakes to perform its obligations under this contract diligently and in accordance with the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Distributor expressly acknowledges and accepts.
- K-LAB undertakes to provide the Purchaser with all documents, elements, data and information necessary to fulfill its obligations under the Contract.
In particular, it undertakes to inform the Buyer of any foreseeable difficulties, in particular concerning the availability and delivery of the Products.
More generally, K-LAB undertakes to cooperate actively with the Distributor with a view to the proper execution of the present contract.
- K-LAB guarantees the Buyer that the Products comply with the laws and regulations in force, in particular those relating to the hygiene, safety and traceability of perishable products, as well as to the production and use of cannabidiol-based products.
It guarantees in particular that the Products sold and delivered to the Buyer have been analyzed by an approved laboratory and contain a level of tetrahydrocannabinol lower than the maximum level required by law.
However, K-LAB does not guarantee that the Products will comply with the laws and regulations in force after their delivery to the Purchaser. Once the Purchaser has taken delivery of the Products, in accordance with the conditions set out in the article " Delivery and reception of Products "The Purchaser expressly acknowledges and accepts this.
- K-LAB undertakes to deliver the Products ordered by the Purchaser in such a way as to protect the Products against any risk of crushing or damage. In particular, K-LAB undertakes to store the Products during delivery in airtight Tupperware boxes or any other equivalent packaging.
- Under no circumstances shall the company be held liable for delays attributable to late or defective communication by the Buyer of all information and data necessary for the performance of the Contract.
More generally, K-LAB shall not be held liable for any damage not caused by a defect in the Products, in particular any act attributable to the Purchaser.
- In any event, with the exception of bodily injury or death, and except in the case of gross negligence or breach of an essential obligation of the Contract which renders it null and void, the liability which may be incurred by K-LAB hereunder shall only relate to direct damage suffered by the Purchaser and shall be expressly limited to the total amount of the price received by during the 12 (twelve) months preceding the event giving rise to liability.
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Buyer's obligations
- The Purchaser declares that he has received from K-LAB all advice, instructions and details necessary for him to enter into the Contract in full knowledge of the facts, that he thus has sufficient knowledge of the Products and that he has, prior to the present, sufficiently exchanged with K-LAB to ensure that the Products correspond to his expectations, needs and constraints.
- The Buyer undertakes to provide all documents, elements, data and information necessary for the fulfilment of the Buyer's obligations hereunder.
In particular, it undertakes to inform the Customer of any complaint, request, claim or grievance relating to its use of the Products and, more generally, of any dispute or difficulty it may encounter in its use of the Products.
More generally, the Purchaser undertakes to cooperate actively with K-LAB with a view to the proper performance of the Contract.
- The Purchaser guarantees K-LAB that it has the necessary rights and authorizations to order the Products and use them in a professional capacity.
The Purchaser is solely responsible for the proper completion of all administrative, fiscal and/or social formalities and for all payments of contributions, taxes or levies of any kind which may be incumbent upon it in connection with the order of the Products and their use after purchase. K-LAB shall in no event be held liable in this respect.
- The Buyer is solely responsible for its use of the Products and in particular :
- of its relations with its Customers, as well as compliance with the contractual commitments it has made to them. The Purchaser undertakes to hold K-LAB harmless in any disputes or litigation that may arise in these areas, and to take personal responsibility for their resolution;
- compliance with the laws and regulations in force relating to the hygiene, safety and traceability of perishable products, as well as the conditions of use of cannabidiol-based products. In this respect, the Buyer is solely responsible for the compliance of the Products with these laws and regulations, in particular for maintaining the maximum level of tetrahydrocannabinol contained in these Products, after their receipt.
- The Purchaser indemnifies K-LAB against any and all claims, complaints, actions and/or demands which it may suffer as a result of the breach of any of its obligations or warranties under the terms of this contract. The Buyer undertakes to pay all costs, charges and/or judgments which K-LAB may incur as a result.
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Sales references
The Purchaser and K-LAB expressly and mutually authorize each other to use their respective names, trademarks and logos, as well as references to their websites, as commercial references, on any medium and in any form whatsoever.
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Force majeure
K-LAB may not be held liable for any difficulties or temporary impossibility in performing its obligations hereunder due to force majeure as defined in article 1218 of the French Civil Code.
In the event of force majeure preventing the execution of an order or the delivery of Products, K-LAB undertakes to inform the Purchaser as soon as possible, by any useful written means and in particular by email.
If force majeure makes it impossible to execute an order, it may be cancelled by either party by registered letter with acknowledgement of receipt, without either party having to pay the other any compensation.
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Personal data
The Purchaser and K-LAB undertake, each insofar as it is concerned, to comply with the regulations applicable to personal data and in particular with the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016).
The Purchaser declares that he/she is aware that K-LAB has a personal data protection policy, the characteristics of which are explained in the document entitled "Personal Data Protection Charter", accessible on the website www.legrossisteducbd.fr operated by K-LAB.
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Final provisions
These terms and conditions are governed by French law. Any dispute that may arise between K-LAB and the Purchaser shall be subject to the exclusive jurisdiction of the Commercial Court of Toulouse.
This attribution of jurisdiction applies in the event of multiple defendants and claims - even incidental - for forced intervention or warranty claims.
However, K-LAB reserves the right to summon the Purchaser before the courts of the latter's domicile or registered office.