1. definitions and scope of application
«Customer(s)» refers to the Internet user(s) browsing the website https://www.zmoothiez.com and making an online purchase of product(s) for personal use.
«Products» shall designate the products offered for sale worldwide on the e-commerce website accessible at https://www.zmoothiez.com.
«Site» shall designate ‘s Internet e-commerce website accessible via the Internet at https://www.zmoothiez.com from which the Online Boutique offers the Products for sale.
«General Terms» or «GTS» shall designate the General Terms set out herein, pertaining to the Products sold on ‘s «Site» https://www.zmoothiez.com, by Zmoothiez.
The shop is hosted by weedhosts, https://weedhosts.com/.
Zmoothiez reminds that cannabis cultivation is strictly prohibited in the majority of territories and states. The purchase and possession of cannabis seeds is subject to the legislation in force in your territory, state or county.
Access to the Site as well as the use of its contents are subject to the conditions of use described below. The fact of accessing and browsing the Site constitutes the visitor’s unreserved acceptance of the following stipulations.
These GTC are accessible at any time on the Site and will 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 GTC carefully. It goes without saying that these GTC do not affect the rights of the Customer as a consumer.
2. acceptance of orders
The Customer selects on the Site, the Products he wishes to order, by adding them to his basket, by clicking on Add to basket.
Before submitting his order, he will have the opportunity to check his selection as well as the total price of his order (including delivery costs) and to correct any possible input errors.
The order will then have to be confirmed by the Customer when he pays for it by completing steps 1 Shopping Cart, 2 Billing and Delivery Address, 3 Payment, 4 Confirmation.
By placing an order, the Customer acknowledges having read and accepted these GTC.
The sale will only be considered final after Zmoothiez has sent the Customer confirmation of acceptance of the order by Zmoothiez in step 4 Confirmation, indicating that the payment made by the Customer has been accepted.
At the same time, an email confirming payment will be sent to the Customer (step 4).
Acceptance of the order is therefore subject to the payment of the order by the Customer and will only be effective after the payment has been received in full.
The Customer will be able to follow the progress of his order at any time on the Site in the section «My Account» then «Orders».
The contact details for contacting Zmoothiez, for any information or to follow up on your orders are as follows:
Period of Validity of Offers
The Products are offered for sale while stocks last. If the Product ordered is out of stock, Zmoothiez may offer the Customer a Product of equivalent quality and/or value. Likewise, if the Products are damaged or destroyed during the preparation of the order and during transport, and as a result they are out of stock, Zmoothiez reserves the right to offer the Customer a Product of equivalent quality and value.
Any order will be accepted by Zmoothiez except in the cases provided for in these GTCS (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 regarding payment of a previous order, or for any other legitimate reason, in particular due to the abnormal nature of the order.
The Customer must comply with all security instructions and rules, and inform Zmoothiez immediately if it learns or suspects any unauthorised use of its Secure Access Codes, or if its Secure Access Codes are made available to unauthorised 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 sent will be invoiced (including delivery and credit card processing fees).
All prices in the Online Shop are quoted in Euros. They include VAT and exclude delivery costs.
The prices do not include delivery charges which will be indicated at the time of the order summary.
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 be applicable to new orders and not to those that have already been accepted.
4. terms of payment and methods of payment
The price is payable cash, in full on the day the order is placed by the Customer, according to the terms and conditions specified in Article 2. Zmoothiez will not be required to deliver the products ordered by the Customer if the price has not been paid in full (price including VAT and delivery costs).
Terms and conditions 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 Client, payment of the order will only be considered final after effective collection of the sums due to Zmoothiez. Payment for purchases is made in Euros by credit card via a secure payment system by Stripe (Carte Bleue, Visa, Mastercard, American Express).
When paying by credit card, the Customer must provide his/her bank details when placing the order. He will also confirm that the credit card used is his own.
All credit card holders are subject to validation and authorization checks by the issuing organization. If this organization refuses the payment authorization, Zmoothiez will not accept the order. In such a case, Zmoothiez will not be liable for any delay or refusal of delivery and will not be required 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 the credit card payment of the order.
Payments by credit card will be debited at the time the order is placed, unless otherwise stipulated by the bank.
The transfer of ownership of the Products will only be completed 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 payment and all the elements necessary for the proper execution of the contract (full contact details of the Client and the recipient of the order). The order will not be prepared until Zmoothiez has received all of the elements required for the proper execution of the contract (full contact details of the Client and the recipient of the order). In this case, Zmoothiez cannot be held liable for any delay in delivery.
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
Delivery of the order
Orders will be delivered to the delivery address indicated by the Customer on the order form, at the Customer’s expense. Zmoothiez will not be held liable if all or part of the delivery addresses prove to be incorrect, forcing it to return the orders to its warehouse. It is up to the Customer to bear all the consequences (late delivery, possible repercussions on the cost of transport, 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 as from the receipt by the Customer of an email confirming that his order has been taken into account.
In the event that the Customer does not pick up his package(s) within ten (10) days from the first presentation of the package by the delivery service at the delivery address indicated by the Customer, he will be charged for reshipping the said package 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 from the Online Shop. New shipping costs (of the initial amount) will also be charged to the Customer in order to proceed with a second shipment.
Upon receipt of the Product, the Customer will bear all risks of damage or loss of the Product.
In the presence of an apparent anomaly in the package (in particular a damaged package, an open package, traces of liquid, etc …), the Customer must open the package in the presence of the deliveryman and express any reservations he deems necessary on the delivery slip.
He may also decide to refuse delivery of the damaged package and return it to the delivery person.
He is also invited to report the problem encountered to Zmoothiez by contacting him without delay who will provide the Return Code necessary for the return shipment.
In this case, Zmoothiez will make a new shipment to the Customer at no extra cost.
In the case of multiple orders, Zmoothiez reserves the right to deliver the Products separately (each partial delivery being deemed to constitute a separate contract) or to deliver only part of the order.
The Online Shop delivers orders in France, Europe and worldwide.
Customers from countries outside the European Union (including DROM-COM) shall be responsible for any payment of customs duties for the entry of goods into their territory.
7. product returns – retractation – reimbursement
If for any reason whatsoever, the Customer is not satisfied with his purchase, in accordance with articles L.121-20 and L.121-20-1 paragraph 1 of the Consumer Code, he has a withdrawal period of 14 clear days from the date of receipt.
To express this option, please send a letter:
– to the e-mail address firstname.lastname@example.org
either for exchange, or for refund on condition that the products are returned new and not unpacked.
All traces of use will no longer allow you to return the products to us.
The Customer’s contact details, his order number, the Return Code provided by Zmoothiez once the Customer has informed him of his wish to return the Product(s) and the references of the Product(s) ordered must be imperatively attached.
The Products must be returned to Zmoothiez at the address that will be sent to it by e-mail within fourteen (14) days from the delivery date.
The return costs are to be paid by the Customer.
The Customer is invited to insure the returned Product(s) to Zmoothiez.
The sums paid by the Customer, including delivery costs, will be fully refunded to the credit card provided when the order was placed within eight (8) days from the date of receipt of the Products by Zmoothiez.
Regardless of the solution chosen (exchange or refund) by the Customer, 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 a different one, this is an exchange procedure. In the event of a cost differential, the Customer will be notified of the difference and will be able to proceed to payment or reimbursement.
Customs clearance costs remain the responsibility of the Customer, except in the event that Zmoothiez has delivered an item by mistake or if the item in question is damaged or defective, in which case Zmoothiez will refund the Customer the price of the Product and the related delivery costs within eight (8) days of the date on which the Products have been returned.
The refund will be made to the credit card provided by the Customer when placing the order.
Any order not received must be declared by the Customer within a maximum period of sixty (60) working days from the date the maximum period indicated for delivery of the Products is exceeded by e-mail to email@example.com. As soon as Zmoothiez receives the email declaring non-receipt of the order, Zmoothiez will make an enquiry with the carrier concerned.
8. intellectual property
The brand and all trademarks, whether figurative or not, and all other trademarks, trade names, service marks, illustrations, images, logos, drawings and models, whether registered or not, copyrights and patents (hereinafter «Intellectual Property Elements»), appearing on the Products, in the Online Shop, 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 or on any medium whatsoever, is strictly prohibited without the express prior written authorisation of their holders and assigns. This prohibition also applies to any combination or use associated with any other brand, symbol, logo or, more generally, any distinctive sign intended to compose a logo.
9. applicable law and jurisdiction
These general terms and conditions will be interpreted in accordance with the relevant legislation in force in France, which will apply subsidiarily to what has not been provided for.
www.zmoothiez.com cannot be held responsible for the misuse, or infringing the law of other countries, of the products marketed. Our online shop respects French law.
General legal notice: consult the legislation in force in your country regarding seeds, or products related to cannabis cultivation.
The import, possession and trafficking of cannabis seeds are exempt from the regulations of the Single Convention on Narcotic Drugs celebrated in Vienna in 1961, which expressly excludes cannabis seeds from the list of narcotic substances 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, to which you are obliged to adhere.
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 type of authorisation.
As a customer of Zmoothiez, please accept the following terms and conditions:
Zmoothiez sells cannabis seeds which are legal to trade in France, but always under the condition that customers will not use them for any purpose other than what is legally permitted. French law does not prohibit the purchase or sale of cannabis seeds on French territory. Possession and sale of cannabis seeds is not an offence. Zmoothiez does not wish to incite anyone to act against the law. We expressly point out that anyone who buys seeds is responsible for his or her own future actions. We will not assume any responsibility in this regard.
Zmoothiez has never authorized or will not authorize third parties to distribute the seeds to or in countries where the cannabis seed trade is illegal. Zmoothiez therefore disclaims any responsibility in this regard.
The responsibility towards the international customs authorities lies entirely with the buyer, who must inform himself of the legal provisions in force in the recipient country.
10. disclaimer 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 the products for sale on this site are taken from companies and specialized books written in countries where the 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 consume them. It is simply information, since these products are sold and intended only for medical and therapeutic uses, for botanical students, naturalists, collectors, as souvenirs from Holland, etc.
If they are used for human consumption, it will always be under the sole responsibility of the buyer and the company declines all responsibility.
Unfortunately, the regulation and export of cannabis seeds often varies from country to country. We therefore strongly advise you to inform yourself about the regulations that apply in your country and to respect the law.
The purchase of these products is prohibited from countries where cannabis seeds are prohibited by law, for example: United States, Australia, Germany and Asian countries or any other country where the possession of cannabis seeds is illegal.
Nevertheless, if one buys one of these products, from countries where prohibitions exist, in an irresponsible way without first inquiring about the local laws in this matter, the company declines all responsibility for any legal problems that may arise, and will not make refunds for products blocked or rejected by customs in the performance of their duty.
11. information technology and freedom
In application of the law n° 78-17 of January 6, 1978, it is reminded that the personal data requested from the Customer are necessary for the processing of his order and are intended for internal use by Zmoothiez. They may nevertheless be transmitted to third parties, partners of Zmoothiez, if the Client gives its prior and express consent to this by ticking the box provided for this purpose (I would like to receive offers from Zmoothiez’s partners).
The communication may also be decided by Zmoothiez, under the legal conditions, to meet legal and regulatory obligations.
The Customer has the right to access, modify, rectify and object to the information concerning him/her, under the conditions provided for by the law and regulations in force and which are specified in the Legal Notice tab accessible on the Site.
12. amendments to these general conditions
Zmoothiez informs visitors to the Online Shop that these GTC can be modified at any time. These modifications are published by putting them online and are deemed to be accepted without reservation by any visitor who accesses them after they have been put online.
13. force majeur
Zmoothiez shall not be liable for any delay or failure in the performance of the obligations arising from these GTC, if such delay or failure was due to a cause beyond its control.
Force majeure is understood to be that recognised by French case law.
In the event of difficulties in the application of these GTC, the Customer must make every effort to seek an amicable solution by contacting Zmoothiez.
As a result, with regard to orders for Customers who have placed orders from France, all disputes to which this contract may give rise concerning its validity, interpretation, execution, termination, their consequences and their aftermath will be subject to French law and to the Courts of the registered office of Zmoothiez.
With regard to orders for Customers who have placed orders from abroad, any dispute arising in connection with the execution or interpretation of the present contract will 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. business customers
These GTC apply in full to sales concluded between Zmoothiez and Professional Customers from the Site, taking into account the following specificities.
In the context of sales to professionals, an additional payment period may be granted by Zmoothiez, within the legal limits, which is systematically applied to the quote submitted for prior acceptance by the professional.
An estimate is established beforehand for a period of thirty (30) days from the date of creation of the document. It will be returned by fax by the Professional Client, duly authorised, who will have previously signed the quotation with the words «Read and approved» and stamped it with the company’s stamp. This acceptance of the order shall be deemed to constitute acceptance of the General Terms and Conditions of Sale.
The order will only be prepared once the Professional Client has returned the signed quotation in accordance with the above (subject to the Professional Client informing Zmoothiez of all the other elements necessary for the dispatch and preparation of the order as set out in these GTC). 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 one and a half (1.5) times the legal interest rate.