General terms and conditions of sale for products offered for sale on the https://www.zmoothiez.com website.
1. Definitions and scope of application
The term ” customer(s) ” refers to the Internet user(s) browsing the https://www.zmoothiez.com website and making an online purchase of product(s) for personal use. ” Products ” refers to the products offered for sale worldwide on the e-commerce site accessible at https://www.zmoothiez.com. ” Site ” refers to ‘s e-commerce website accessible via the Internet at https://www.zmoothiez.com from which the Online Shop offers Products for sale.
The ” Conditions Générales ” or ” CGV ” refer to the General Terms and Conditions of Sale set out herein and applicable to Products sold on the ” Site ” https://www.zmoothiez.com, by Zmoothiez. The store is hosted by weedhosts, https://weedhosts.com/. Zmoothiez reminds you that cannabis cultivation is strictly forbidden in the majority of territories and states. The purchase and possession of cannabis seeds are subject to the legislation in force in your territory, state or county. Access to the site and use of its content are subject to the conditions of use described below. By accessing and browsing the Site, you accept, without reservation, the following terms and conditions. These GCS are accessible at all times on the Site and shall prevail, where applicable, over any other version or any other contradictory document. In the absence of proof to the contrary, the data recorded by Zmoothiez constitutes proof of all transactions. Please read the following terms and conditions carefully. It goes without saying that these terms and conditions do not affect the customer’s rights as a consumer.
2. Order acceptance
acceptance of orders The Customer selects the Products he wishes to order on the Site, adding them to his basket by clicking on Add to basket. Before placing his/her order, the customer will have the opportunity to check his/her selection and the total price of his/her order (including delivery charges), and to correct any input errors. The order must then be confirmed by the customer at the time of payment by following the steps 1 Basket, 2 Billing and delivery address, 3 Payment, 4 Confirmation. By placing an order, the customer acknowledges having read and accepted the present terms and conditions. The sale will be considered final only after Zmoothiez has sent the customer confirmation of Zmoothiez’s acceptance of the order at step 4 Confirmation, indicating that the payment made by the customer has been accepted. At the same time, an e-mail confirming payment will be sent to the customer (step 4). Acceptance of the order is therefore subject to payment of the order by the customer, and will not be effective until full payment has been received. The customer may track the progress of his order at any time on the Site under the heading ” My account ” then ” Orders “. The contact details for Zmoothiez, for any information or to track your orders, are as follows contact@zmoothiez.com Validity period of offers Products are sold while stocks last. If the Product ordered is out of stock, Zmoothiez may offer the Customer a Product of equivalent quality and/or value. Similarly, if the Products are damaged or destroyed during the preparation of the order and during transport, and are therefore out of stock, Zmoothiez reserves the right to offer the Customer a Product of equivalent quality and value. All orders will be accepted by Zmoothiez except in the cases provided for in these GTC (for example: unavailability of a product, payment problems). However, Zmoothiez reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order, or for any other legitimate reason, in particular because of the abnormal nature of the order. The customer must comply with all security instructions and rules, and immediately inform Zmoothiez if he learns of or suspects any unauthorized use of his secure access codes, or if his secure access codes are made available to unauthorized third parties. Without prejudice to Zmoothiez’s other rights and remedies, Zmoothiez may suspend access to the Online Store without liability if it reasonably believes that it is necessary to take such action to ensure the security of the Online Store. Only products that are shipped will be charged (including shipping and credit card processing fees).2. acceptance of orders The Customer selects the Products he wishes to order on the Site, adding them to his basket by clicking on Add to basket. Before placing his/her order, the customer will have the opportunity to check his/her selection and the total price of his/her order (including delivery charges), and to correct any input errors. The order must then be confirmed by the customer at the time of payment by following the steps 1 Basket, 2 Billing and delivery address, 3 Payment, 4 Confirmation. By placing an order, the customer acknowledges having read and accepted the present terms and conditions. The sale will be considered final only after Zmoothiez has sent the customer confirmation of Zmoothiez’s acceptance of the order at step 4 Confirmation, indicating that the payment made by the customer has been accepted. At the same time, an e-mail confirming payment will be sent to the customer (step 4). Acceptance of the order is therefore subject to payment of the order by the customer, and will not be effective until full payment has been received. The customer may track the progress of his order at any time on the Site under the heading ” My account ” then ” Orders “. The contact details for Zmoothiez, for any information or to track your orders, are as follows contact@zmoothiez.com Validity period of offers Products are sold while stocks last. If the Product ordered is out of stock, Zmoothiez may offer the Customer a Product of equivalent quality and/or value. Similarly, if the Products are damaged or destroyed during the preparation of the order and during transport, and are therefore out of stock, Zmoothiez reserves the right to offer the Customer a Product of equivalent quality and value. All orders will be accepted by Zmoothiez except in the cases provided for in these GTC (for example: unavailability of a product, payment problems). However, Zmoothiez reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order, or for any other legitimate reason, in particular because of the abnormal nature of the order. The customer must comply with all security instructions and rules, and immediately inform Zmoothiez if he learns of or suspects any unauthorized use of his secure access codes, or if his secure access codes are made available to unauthorized third parties. Without prejudice to Zmoothiez’s other rights and remedies, Zmoothiez may suspend access to the Online Store without liability if it reasonably believes that it is necessary to take such action to ensure the security of the Online Store. Only products that are shipped will be charged (including shipping and credit card processing fees).
3. Awards
All prices in the online store are quoted in euros. They include VAT and exclude delivery costs. Prices do not include delivery charges, which will be indicated when the order is confirmed. Zmoothiez may modify the prices indicated on the online store site at any time and without prior notice. However, the prices thus modified will only apply to new orders and not to those that have already been accepted.
4. Terms of payment and payment methods
Terms of payment The price is payable in cash, in full, on the day of the order by the customer, according to the terms specified in article 2. Zmoothiez will not be obliged to deliver the products ordered by the customer if the price has not been paid in full (price including VAT and delivery costs). Terms of payment The total amount of the order will correspond to the purchase price of the Products, including delivery costs. Regardless of the method of payment chosen by the Customer, payment of the order will only be considered final once the sums due to Zmoothiez have been received. Payment for purchases is made in Euros by credit card via a secure payment system operated by Stripe (Carte Bleue, Visa, Mastercard, American Express). In the case of payment by credit card, the customer must provide his/her bank details when placing the order. They must also confirm that the credit card used is their own. All credit card holders are subject to validation and authorization checks by the card issuer. If this organization refuses to authorize payment, Zmoothiez will not accept the order. In such a case, Zmoothiez shall not be liable for any delay or refusal of delivery and shall not be obliged to inform the customer of the reason for such refusal. Zmoothiez is not responsible for any fees that may be charged by the customer’s credit card company or bank in connection with credit card payment of the order. Credit card payments will be debited at the time of order, unless otherwise stipulated by the bank. The transfer of ownership of the Products will only take place after full payment of the price by the Customer, regardless of the delivery date of the Products. Preparation of the order The order will be prepared once Zmoothiez has received the payment and all the elements necessary for the proper execution of the contract (full details of the customer and the recipient of the order). The order will not be prepared until Zmoothiez has received all the elements necessary for the proper execution of the contract (complete details of the customer and the recipient of the order). In this case, Zmoothiez cannot be held responsible for any delay in delivery.
5. Billing
Zmoothiez reserves the right to issue electronic invoices, and the customer accepts this type of invoicing. Insofar as the electronic invoice constitutes proof of purchase, Zmoothiez recommends saving and printing this document for future reference.
6. Delivery, property rights and risks
Order delivery Orders will be delivered to the delivery address indicated by the customer on the order form, at the customer’s expense. Zmoothiez cannot be held responsible if all or part of the delivery addresses prove to be incorrect, obliging it to return the orders to its warehouse. It is the customer’s responsibility to bear all the consequences (delivery delays, possible repercussions on transport costs, etc.). The delivery of Products purchased in the Online Shop may be subject to territorial restrictions. Zmoothiez will provide a list of delivery zones on request. The order will be delivered at the latest within seven (7) working days in France and fourteen (14) days in the rest of the world from receipt by the Customer of an e-mail confirming that the order has been taken into account. In the event that the Customer does not collect his/her parcel(s) within ten (10) days from the first presentation of the parcel by the delivery service at the delivery address indicated by the Customer, he/she will be invoiced for the reshipment of said parcel(s) to Zmoothiez. These costs will amount to 6 euros including VAT + shipping costs. The Customer must contact Zmoothiez again in order to pay these costs via the Online Shop. The customer will also be charged a new shipping fee (of the original amount) for a second shipment. Upon receipt of the product, the customer shall bear all risks of damage or loss of the product. In the event of an apparent anomaly in the parcel (notably a damaged parcel, an open parcel, traces of liquid, etc.), the customer must open the parcel in the presence of the delivery person and make any reservations he deems necessary on the delivery note. They may also decide to refuse delivery of the damaged parcel and return it to the deliverer. The customer is also invited to inform Zmoothiez of the problem by contacting Zmoothiez without delay, who will provide the customer with the return code required for the return shipment. In this case, Zmoothiez will send a new shipment to the customer at no additional cost. In the case of multiple orders, Zmoothiez reserves the right to deliver the products separately (each partial delivery being considered as constituting a separate contract) or to deliver only part of the order. The Online Shop delivers orders in France, Europe and worldwide. Customers in countries outside the European Union (including DROM-COM) are responsible for any payment of customs duties on goods entering their territory.
7. Product returns – retraction – refunds
If, for any reason whatsoever, the Customer is not satisfied with his or her purchase, in accordance with Articles L.121-20 and L.121-20-1 paragraph 1 of the French Consumer Code, he or she has a cooling-off period of 14 clear days from the date of receipt. To exercise this right, simply send a letter: – to the e-mail address contact@zmoothiez.com either for an exchange or a refund, provided that the products are returned new and unopened. Any trace of use will no longer allow you to return the products. The customer’s contact details, order number, return code provided by Zmoothiez once the customer has informed Zmoothiez of his wish to return the product(s) and the references of the product(s) ordered must be enclosed. Products must be returned to Zmoothiez at the address provided by e-mail within fourteen (14) days of delivery. Return shipping costs are at the Customer’s expense. The Customer is invited to insure the Product(s) returned to Zmoothiez. The sums paid by the Customer, including delivery charges, will be refunded in full to the credit card provided at the time of ordering within eight (8) days from the date of receipt of the Products by Zmoothiez. Whichever option the Customer chooses (exchange or refund), Products that are incomplete, damaged or whose original packaging has been damaged will not be refunded or exchanged. If the Customer wishes to return the Product for another one, this is an exchange procedure. In the event of a price difference, the Customer will be informed of the difference and may proceed to payment or reimbursement. The customer is responsible for customs clearance costs, unless Zmoothiez has delivered an item by mistake or the item in question is damaged or defective, in which case Zmoothiez will refund the customer the price of the Product and the associated delivery costs within eight (8) days of the date on which the Products were returned. The refund will be made to the credit card provided by the customer at the time of ordering. Any order not received must be declared by the Customer within a maximum of sixty (60) working days from the date on which the maximum time indicated for delivery of the Products was exceeded by e-mail to contact@zoothiez.com. As soon as Zmoothiez receives the e-mail stating that the order has not been received, Zmoothiez will contact the carrier concerned.
8. Intellectual property
The trademark and all trademarks, whether figurative or not, and all other trademarks, trade names, service marks, illustrations, images, logos, designs and models, whether registered or not, copyrights and patents (hereinafter ” Intellectual Property Elements “), appearing on the products, in the online store, on all accessories or packaging, whether registered or not, are and remain the exclusive property of their respective owners. Any reproduction, complete or partial, modification or use of the Intellectual Property Elements, for any reason whatsoever and on any medium whatsoever, is strictly forbidden without the prior and express written authorization of their owners and assignees. This prohibition also applies to any combination or use associated with any other trademark, symbol, logo or, more generally, any distinctive sign intended to make up a logo.
9. Applicable law and jurisdiction
The present terms and conditions shall be interpreted in accordance with the laws in force in France, which shall apply subsidiarily to what has not been provided for. www.zmoothiez.com cannot be held responsible for the misuse, or violation of the laws of other countries, of the products sold. Our online store complies with French law. General legal notice: consult the legislation in force in your country concerning seeds or products related to cannabis cultivation. The import, possession and trafficking of cannabis seeds are exempt from the provisions of the Single Convention on Narcotic Drugs signed in Vienna in 1961, which expressly excludes cannabis seeds from the list of narcotic drugs under international control. Regulations and legislation on cannabis seeds differ widely from country to country. We therefore advise you to find out about the regulations in force in your country, with which you are required to comply. In many countries, such as Spain, Italy, the Netherlands, Great Britain, Ireland, Austria, Poland, the Czech Republic, Denmark, Slovenia, Romania, Bulgaria, Ukraine, Russia, Chile, Colombia and Canada, the sale of cannabis seeds does not require any kind of authorization. As a customer of Zmoothiez, please accept the following terms and conditions: Zmoothiez sells cannabis seeds that are legal to trade in France, but always on the condition that customers do not use them for purposes other than those that are legally authorized. French law does not prohibit the purchase or sale of cannabis seeds on French territory. The possession and sale of cannabis seeds does not constitute an offence. Zmoothiez does not wish to incite anyone to act against the law. We expressly remind you that anyone who buys seeds is responsible for his or her own future actions. We accept no liability in this respect. Zmoothiez has never authorized or will not authorize third parties to distribute seeds to or in countries where trade in cannabis seeds is illegal. Zmoothiez therefore accepts no liability in this respect. Responsibility for dealing with international customs authorities lies entirely with the buyer, who must inform himself of the legal provisions in force in the country of destination.
10. Exclusion of liability
Possession of cannabis seeds in France is not an offence (1961 Vienna Convention). Cannabis cultivation may be subject to administrative and penal sanctions. We send all our seeds with the restriction that they are not used by third parties against the law, Zmoothiez does not claim to incite anyone to act against the law. This is to explicitly state that whoever buys our seeds is responsible for their future actions. The descriptions of products for sale on this site are taken from companies and specialized books written in countries where laws do not prohibit the use of psychoactive substances. This means that the fact that some descriptions refer to their effects after consumption does NOT mean that you can use them. This is simply information, as these products are sold and intended for medical and therapeutic use only, for botanical students, naturalists, collectors, as souvenirs from Holland, etc. If they are used for human consumption, this will always be the sole responsibility of the purchaser, and the company declines all liability. Unfortunately, regulations governing the export of cannabis seeds often vary from country to country. We therefore strongly advise you to find out about the regulations in force in your country and to obey the law. The purchase of these products is forbidden from countries where cannabis seeds are prohibited by law, for example: the USA, Australia, Germany and Asian countries, or any other country where possession of cannabis seeds is illegal. Nevertheless, if one irresponsibly purchases one of these products from countries where such prohibitions exist, without first checking the local laws on the subject, the company declines all responsibility for any legal problems that may arise, and will not reimburse products blocked or rejected by customs in the exercise of their duty.
11. information technology and freedom
Pursuant to French law no. 78-17 of January 6, 1978, we remind you that the personal data requested from the Customer is necessary to process his/her order and is intended for internal use by Zmoothiez. It may nevertheless be passed on to third parties, partners of Zmoothiez, if the Customer expressly consents in advance by ticking the appropriate box (I wish to receive offers from Zmoothiez partners). Communication may also be decided by Zmoothiez, under legal conditions, to meet legal and regulatory obligations. The customer has the right to access, modify, rectify and object to information concerning him or her, under the conditions provided for by the law and regulations in force and which are specified in the Legal Information tab accessible on the Site.
12. modifications to these terms and conditions
Zmoothiez informe les visiteurs de la boutique en ligne que ces CGV peuvent être modifiées à tout moment. Ces modifications sont publiées par leur mise en ligne et sont réputées acceptées sans réserve par tout visiteur qui y accède après leur mise en ligne.
13. Force majeure
Zmoothiez shall not be liable for any delay or failure in the performance of its obligations under these GTC, if such delay or failure is due to a cause beyond its control. The term “force majeure” shall be understood to mean a force majeure as recognized by French case law.
14. Dispute
In the event of difficulties in the application of these GTC, the customer must endeavour to find an amicable solution by contacting Zmoothiez. Consequently, with regard to orders placed by Customers from France, all disputes to which this contract may give rise concerning its validity, interpretation, performance, termination, consequences and consequences thereof shall be subject to French law and to the Courts of the registered office of Zmoothiez. In the case of orders placed by customers outside France, any dispute arising in connection with the performance or interpretation of this contract shall be brought before the competent courts in accordance with the directives and regulations of the European Union. By express agreement between Zmoothiez and the Customer, these GTC are governed by and subject to the application of French law.
15. Professional customers
These General Terms and Conditions apply in their entirety to sales concluded between Zmoothiez and Professional Customers from the Site, taking into account the following specificities. In the case of sales to professionals, Zmoothiez may grant an additional payment period, within the legal limits, which is systematically applied to the quotation submitted for the professional’s prior acceptance. A quotation is drawn up in advance for a period of thirty (30) days from the date of creation of the document. It will be returned by fax by the professional Customer, duly authorized, who will have signed the quotation with the words ” Lu et approuvé ” and will have affixed the company stamp. Acceptance of the order implies acceptance of the general sales conditions. The order will only be prepared once the Professional Customer has returned the signed quotation in accordance with the above (subject to the Professional Customer informing Zmoothiez of all other elements necessary for the dispatch and preparation of the order in accordance with these GCS). In the case of a sale to a professional, late payment penalties are due on the day following the payment date shown on the invoice if the sums due are paid after this date. The rate of these penalties is equal to one and a half (1.5) times the legal interest rate.