Sales conditions

These sale condition are written in accordance with national and international rules. They apply to all the order made on this site. By ordering on this site, you recognize to have read and accepted the present sale conditions.

ORDERS
Your orders will be executed as well as possible. In case of insufficient seed harvesting due to climatic problems or to any culture accidents, we may have to totally or partially reduce the number of seeds to be delivered.
Our deliveries depend on the availability in time and quantities of the seeds ordered.
In such cases, claims will automatically be rejected except for the exact refund of the seeds not delivered.

CASE OF ABSOLUTE NECESSITY
Yours orders will be executed except in case of absolute necessity. We call cases of absolute nessity, war events, strikes, accidents or fires impacting one or more of our producers and partners involved in the production and the shipping of the seeds, climatic or culture accidents involving substantial alterations to the quality of the seeds we receive.

SHIPPING AND DELIVERY
As far as we can, we will deliver you at the date of your choise. We recommend you to be as accurate as possible when giving us the delivery address and instructions. We will decline any responsability for late delivery due to wrong or not accurate delivery instructions or to any incidents occured during the shipping process (accidents, strikes ...).
We garantee you that the seeds are carefully packed before being sent.

Our seeds are sold from Le Puy-en-Velay (France). Once given to any shipping company or to the French Postal Service, the seeds are the property of our clients. They are then considered from our point of view as delivered.

They are sent at your own risk whatever the shipping mode selected. In case of loss, theft or any other incident during the shipping process, you have to :
- In case of shipping by a special carrier : write down on the delivery sheet the reservations you have. You then have to confirm these reservations to the career by a registered letter within 48h if you plan to claim for any compensation.
- In case of shipping by reguler Postal Service : you just have to refuse the delivery since Postal Service don't take reservations.

RETURN POLICY
Whatever the reason, we don't accept any return without any previous agreement. In any case, the return shipping fees are at your own charge.

PRICES
Our prices are written in euros all taxes included. Depending on the change in currency rates and on the evolution of seed prices, they may change at every moment without previous information. We invite you to contact us for any important order.

PROPERTY RESERVATION CLAUSE
We reserve to ouselves the property of the seeds delivered as long as we effectively get the full payment of the related order.
The buyer is intitled in the course of regular running of his company to sell the delivered items but it cannot gage them neither transfer their ownership as a matter of financial garantee.

In spite of this clause, the buyer is the sole responsible of the risks of loss, theft and any other risks on the items delivered as soon as they are delivered.

PAYMENT
Conditions : Our bills are to be paid in Puy en Velay, except in case of special agreement mentionned on the bill.

Payments are to be done by checks, banking card or bank drawings.

Contestations : in case of any contestation on part of the matters delivered, our customer is bound to pay at the time initially foreseen the amount of matters delivered that is not contested.
Late payments : in case of non payment at the date of payment, it is agreed that :
- the forfeiture of the payment date occurs without any information formality.
- an interest of 1,50 % per month of delay will be due.
- any contentious collection will draw the payment in addition of the fees related to the contentious procedure.

In accordance with the points 1226 and next and 2407 from the French Code Civil, the contentious fees are contractualy fixed at 20% of the due amounts at the payment date. They have to be added to the possible judicial fees and to the interests in case of late payment.

GUARANTEES
Our guarantees only apply to the quality of the seeds delivered and in any case cannot be extended to the sowing performances that depend upon extraneous matters.

In any case, a claim could not exceed the amount billed and paid. This notice constitues a total and final discharge.

We also deny any responsabilities regarding any hybridation occurences that remain largely unforeseeable in spite of all the care in the selection of the seeds and their origins.
Our sowing tips and advices as well as our informations on the vegetal cycle and on the sedd precocity are only for information purpose. They can not in any case be considered as an engagement nor as any guarantee on the possible future harvests.
Every customer can at his own expense ask for an independent analysis of the seed delivered by an official service of its choice. In such case, the sampling will be done at the customer expense at the delivery of the seeds by a official representant of the control service selected.

CLAIMS
Any claim regarding the physical aspect or the purety of the seeds delivered is to be issued within 12 days folloing the delivery.

Any claim about the germinating ability of the seeds delivered is to be issued within 45 days following the delivery.

Any claim about the nature and the variety purety is to be done in the usual delays following the delivery date.

ARBITRATION
In all the case where French law allows it, the claims that may have rosen following the present sales conditions (possibly completed or modified by particular agreements), will be solved through arbitration. In such cases, the seller and the buyer agree to designate each an arbitrator. The two arbitrators designated will then designate a third arbitrator. Si one of the parties refuse to designate an arbitrator or if the two arbitrators designated cannot find an agreement to designate a third arbitrator, or if one of the arbitrators designated were to be defaulting, the designation would be done by the Chairman of Le Puy Trade Court at the request of the most diligent party.

The arbitrators been designated, will then rule the case within 6 months following the designation of the third arbitrator. Arbitrators can prolong their mandate. They will also examine the issue of the arbitration fees. The seller keeps the right to intent a judicial procedure to ask for the payment of the unpaid due amounts.

COMPETENT COURT
In any case where arbitration couldnot apply, all the claims will be ruled by the Le Puy or Saint Etienne Trade Court (France). This jurisdiction clause is the only valid whatever any other indication written on the customer's bill or documents.

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