GENERAL CONDITIONS FOR THE ONLINE SALE OF "Trees"
The present general conditions of sale (below the "General Conditions") are concluded between the company 5CONTINENTS, SARL with a capital of 10,000 € under the RCS number in Nanterre 494 438 146, situated at 58 route de l'Empereur, 92500 Rueil Malmaison, FRANCE (below called " 5CONTINENTS ") and any company or private individual wanting to buy one or several " trees ", (below called "Customer"). Together called " Parties ".
The present General Conditions govern exclusively sales by 5CONTINENTS of " trees" proposed on the site www.reforestaction.com (below the "website"). All Parties agree that their relations are exclusively governed by the present General Conditions. Before any transaction, the Customer recognizes to have read and expressly declares to accept the aforementioned General Conditions when he buys " trees" from 5CONTINENTS.
DEFINITIONS - OBJECT :" Project Holders " indicates the organization receiving the donations according to the present General Conditions, such as listed on the website.
" Order " indicates the Order made by the Customer on the website, according to the present General Conditions.
By the present, the Customer makes a commitment to give to 5CONTINENTS, who accepts it, a sum of money corresponding to a donation, for 5CONTINENTS to give back the amount of this donation to one or several Project Holders according to the modalities described in the present General Conditions (below "Donation").
Once 5CONTINENTS has collected from the Customer all the information related to the distribution of the Donation between the Project Holders and the tree species on www.reforestaction.com, it will send the collected Donations to the Project Holders as specified by the Customer, in the conditions described on the present General Conditions.
The trees financed by www.reforestaction.com are planted with partner organizations who receive the donations sent by the Customer.
The Customer buys trees from 5CONTINENTS's website. The price of the trees included in the donation is sent to the partner organization of 5CONTINENTS who turns over the sum to the reforest 'Actors and the management team on location.
The Customer's payment to 5CONTINENTS is a guarantee of engagement.
Once 5CONTINENTS has collected all information concerning the distribution of the donations among the various project holders, it pays the donations to project holders.
The current list of Project Holders can be referenced on our website.
Trees can only be planted online with www.reforestaction.com.
Trees cannot be taken back, exchanged, transferred, rented, sold, reimbursed even partly, credited on a card or a bank account, or made the object of a discount. They cannot become the object of a request of opposition.
Donations are paid to the chosen Project Holders within 90 days after the online tree selection, in accordance with the Customer's choice.
Communication materials relating to the trees can be personalized. 5CONTINENTS excludes all responsibility of any nature relating to the visuals, the files containing them and/or to the transmitted data; by right, of whatever nature, tied to the visual, to the files and/or the Customer's data, as well as, without limitation, impression, reproduction, representation, downloading of the visuals, files and/or of the data of the Customer, whatever technique used and whatever the support can be. Also, 5CONTINENTS is not responsible for the compliance of the visuals, the files, and/or any data of the Customer in applicable legislation, notably, without limitation, in legal provisions relating to charity.
5CONTINENTS excludes any responsibility resulting from any appeals, actions or claims of the Customer, a third party and/or Project Holders, which will be handled by the Customer only.
The Customer is entirely responsible for the used files, for the visuals, and for any data given. Notably, he guarantees that any data and/or file related to the downloaded visuals are free of any defect and notably any virus, Trojan horse or other malevolent code.
The Customer guarantees and declares on their honor to be the possessor of any rights or permissions necessary for reproduction, representation, and use of the visuals and/or any files or data for the present needs.
The Customer guarantees that files, data and the visuals do not infringe on any right of intellectual and/or industrial property or rights, or undermine the right to Company image, to private life, or to quite other right of a third party.
The visuals, files and/or data should under no circumstances infringe on any legislation or regulation in force.
The visuals, files and/or data to be reproduced, should under no circumstances reproduce any picture of a public personality representation of which could be used for commercial, cultural, political or religious aims.
The Customer will indemnify 5CONTINENTS for any appeals of third parties or Project Holders. The Customer will support all expenses for the defense of these actions and appeal.
5CONTINENTS is not responsible for the color variation of the visuals when printing, given that the quality of the reproduced picture is dependent on the quality of the visual downloaded by the Customer.
ARTICLE 1 - THE ORDER
The Customer places his order on the website. The order can only be recorded if the Customer identifies himself by providing the compulsory information detailed on the website.
The validation and acceptance of the order by the Customer is made when the customer validates the order online. The Customer then receives an email conforming the order.
5CONTINENTS therefore invites the Customer to consult his email regularly.
No refund is available after purchase.
In case of incident preventing the treatment of the Order by the Customer, it will be cancelled without prior notice. The payment is cancelled and/or reimbursed. Refund is performed by credit on the bank account from the Customer which performed the initial transaction. A confirmation is addressed by email to the Customer.
5CONTINENTS reserves the right to suspend any order from a Customer with whom there has been a payment defect in the past pending the receipt of payment of the order, no matter what the mode of payment.
5CONTINENTS may also cancel any order from Customer when the Project Holders refuse the donations from the Customer for any reason.
In case the suspension of Order by 5CONTINENTS exceeds 30 days, 5CONTINENTS may terminate the rights specified in the General Conditions by sending a registered letter with acknowledgement of receipt to the client, and the Customer will not have the opportunity to claim any indemnity for cancellation.
Signature and Proof
Validation and payment of an Order as in the conditions detailed in the present General terms will be worthy of proof for the entirety of Order, and lead to the accrual of all amounts set forth herein and in the Order, relating notably to the number of trees. The validation of the Order in the conditions written above, act as a signature and acceptance by the Customer of the operations detailed on the website.
Modification of Eligible Project Holders
5CONTINENTS reserves the right to withdraw one or some of the Project Holders chosen by the Customer if required, following a written request from the Project Holder. 5CONTINENTS commits to inform the Customer as soon as possible, by telephone, mail or email.
Availability of Trees
In the event that the trees cannot be planted as the customer indicated, 5CONTINENTS agrees to notify the Customer as soon as possible by phone, email or mail and tell the client the location and type of tree that will be used for order. This amendment will not cancel the order.
ARTICLE 2 – RATES AND MODES OF PAYMENT
The price of the trees is listed in Euros, Dollars and Great Britain Pounds on the website and on the Order.
All Orders, regardless of their origin, are converted and paid in Euros no later that the deadline indicated on the invoice.
Modes of Payment
Clients can pay online with Paypal.
ARTICLE 4 – RESPONSIBILITY
5CONTINENTS has an obligation of means.
THE RESPONSIBILITY OF 5CONTINENTS FOR DIRECT DAMAGE CAUSED FOR WHATEVER REASON IS LIMITED TO THE PRICE OF SERVICES DEFINED IN THE ORDER AND PAID BY THE CUSTOMER, in the express exclusion from all other sums, notably from Donations, the warranty or any tax advantage.
Due to the complexity of the projects operated by the Project Holders and financed by Reforest 'Action and also the difficulty in controlling them, 5CONTINENTS can't be kept for responsible, neither for published information regarding them, nor for the execution of plans.
The responsibility of 5CONTINENTS could not be engaged for all indirect, consecutive and/or immaterial damage suffered by the Customer, Card Holders and/or Project Holders. The Parties consider these losses to be incidental, consequential or intangible losses that are not eligible for compensation: hereunder, damages including, without limitation, financial losses, business, losses lost profits, loss of tax benefits, loss of data. 5CONTINENTS can not be held responsible for the use or the consequences of the inability to plant the tree line as a result of misuse of the website, the malfunction of hardware, networks, including, without limitation: the use of the Internet, including a break of service, external intrusion or presence of computer viruses. The Customer is responsible for taking all measures to protect its data and / or software from contamination by viruses or other malicious code or hacking from the internet and making regular backups.
5CONTINENTS cannot be held responsible for the actions taken by the Project Holders funded by Reforest 'Action.
5CONTINENTS excludes all liability in case of communication by the Customer to an unauthorized third party or service.
The responsibility of 5CONTINENTS could not be engaged in case of non respect of the obligations of the Customer, Card Holder and/or Project Holder, as well as for the projects performed by third parties; and in case of force majeure, or of any fact of a third party.
The Customer is alone responsible for any detriment caused by himself, his employees, 5Continents, or third parties including the Project Holders. The Customer guarantees and will indemnify 5CONTINENTS against any action or appeal of a third party, Project Holders which could be performed against 5CONTINENTS. The Customer will support all the costs related to the defense for these actions and appeal.
The Customer remains entirely responsible for the respect for laws and regulations in force as part of his activities and for the use of the 5CONTINENTS services, and notably of his social, tax obligations, and accounting. 5CONTINENTS will not be responsible for any aspect related to these topics.
ARTICLE 5 - PERSONAL DATA
5.1 Treatments of 5CONTINENTS
Personal information and data related to the Customer are gathered by 5CONTINENTS and treated as part of the execution of the present General Conditions, in accordance with the laws in force. They are necessary for the management of Orders and for the trade relations, notably with a view to give to the Customer the commercial offer related to the products and services commercialized by 5CONTINENTS.
The Customer is informed that this information will be treated automatically, notably the management of addresses email. This file makes the object of a statement to the CNIL (nº 730490).
In accordance with the law of January 6th, 1978 changed by the law of August 6th, 2004, the Customer has a right of access, of correction and of abolition of data with personal character. The Customer can also oppose to the use of his personal data for commercial aims. He only has to exercise this right, to apply for it by pointing out name, forenames, address mail and if possible his Customer reference number to 5CONTINENTS:
By email : email@example.com
By mail: 5CONTINENTS – 58 route de l'Empereur - 92500 Rueil Malmaison, FRANCE
The information mentioned "compulsory" is necessary for the management of the Customer Order. Not completing the ooptional information makes no difference whatsoever in the way the Customer is treated or perceived.
Collected personal data is for 5CONTINENTS et its subcontractors. It is used to ensure the management, security and validation of Orders.
Customer contact information is shared with the Project Holders who use the information to send a financial receipt for the donation or to send relevant information to the project.
5.2 Treatments subcontracted to 5CONTINENTS by the Customer
The Customer is responsible for the processing of personal data subcontracted to 5CONTINENTS. 5CONTINENTS accepts the personal data only for the execution of the Service detailed in the present General conditions.
5CONTINENTS should not use or disclose personal data without the permission of the Customer in any purpose other than the accomplishment of its obligations in accordance with the present General Conditions.
5CONTINENTS acknowledges that Customer determines the purpose and means of processing personal data delivered to 5CONTINENTS. Thus, 5CONTINENTS must only process personal data in accordance with instructions from the Customer and the Customer hereby gives permission to 5CONTINENTS to treat personal data solely for the purposes of the execution hereof (the "Objective").
Personal data will not be kept for longer than necessary for the accomplishment of the Objective for which they were collected, such as fixed by the Customer, and 5CONTINENTS will correct and/or cancel personal data at the only request form the Customer.
The Customer declares and guarantees to 5CONTINENTS that (i) treatments entrusted to 5CONTINENTS will make the object of statements requested to the CNIL or any other competent foreign authority or make the object of requests of prior permission, if necessary, in accordance with law or other applicable foreign law; (ii) the persons concerned and if necessary authorities responsible of the personnel will be duly informed; and (iii) that the aforementioned treatments will comply with applicable legislation in protection of personal data.
ARTICLE 7 - INTELLECTUAL PROPERTY
All elements of the website 5CONTINENTS, notably graphic, visual or sound, including subjacent technology, are protected by the right of intellectual and industrial property, especially copyright, brands or patents. They are the exclusive property of 5CONTINENTS or its donors of license.
The user, who has a personal internet site, has the possibility of putting, for a personal usage, on his site, a simple link returning directly in the homepage of the 5CONTINENTS website, subject to the prior acceptance of 5CONTINENTS..
Under no circumstances, the creation of this link will be considered to be an implicit convention of affiliation from 5CONTINENTS.
Other types of hypertext link returning to the 5CONTINENTS website and notably using the technology of "Framing" or of " in-line linking " is officially forbidden by 5CONTINENTS.
In all cases, the link will have to be withdrawn at simple request from 5CONTINENTS. In case of breach of obligations above by the Customer, his employees and/or any third parties, the Customer is alone responsible regarding 5CONTINENTS. The Customer agrees to guarantee and to indemnify 5CONTINENTS for all consequences, notably financial, for such breaches.
ARTICLE 8 - ENTIRETY
In the event of one of the clauses of the General Conditions would become invalid and/or non-applicable for any reason, the other dispositions of the present general terms of sale would remain in force and should be respected.
ARTICLE 9 - DURATION
The present General terms are applied as from the date of validation and of acceptance of Order by the Customer in accordance with the article 1 and are valid for 1 year.
ARTICLE 10 - PROOF
Computerized registers, kept in the computer systems of 5CONTINENTS are considered to be the proof of communications, Orders and of payments intervened between Parties.
ARTICLE 11 - CONSERVATION AND ARCHIVING OF TRANSACTIONS
The archiving of Orders and of invoices is performed on a reliable and lasting support in accordance with the dispositions of articles 1369-1 and following of the French Civil code relating to contracts under electronic form.
ARTICLE 12 - APPLICABLE LAW AND COMPETENCE
The present General terms are subject to French law, with the exception of the rules of conflicts of laws. The attribution of competence in case of litigation relating to training, validity, execution, interpretation, expiration and/or termination of the present General Conditions, and failing amicable agreement between parties, is given to the courts of competent jurisdiction of Paris, France, notwithstanding defendants' multiplicity and/or call in guarantee, even for urgent or protective procedures in summary judgment or by request.
The attributive clause of jurisdiction is not applicable to the non professional or consumer.
ARTICLE 13 – TERMINATION
In case of a breach in obligations stipulated in the present General terms by a party, the other party will be able to cancel by right the present General terms by sending a demand by registered letter with acknowledgement of receipt, with a notice of fifteen (15) days, without prejudice or any damages.
ARTICLE 14 – FORCE MAJEURE
None of the parties will be responsible for a delay or for a nonperformance, complete or partial, of its obligations resulting from a case of force majeure. Besides those habitually kept by the case law of the Supreme court of appeal, are considered to be cases of force majeure: governmental decisions, war, sabotage, exceptional bad weather, natural disasters, floods, epidemics, fires, lightning, phenomena of disturbance, of break or of fault of networks, strike, lock-out, assassination attempts, restrictions in the service supply of telecommunications, restrictions of the sources of supply.
The case of force majeure suspends the obligations of each parties for the duration of its existence. However, in the case of force majeure longer than thirty (30) days, a party could ask for straight termination of the present General Conditions by right, by sending a registered letter with acknowledgement of receipt. The payment will remain owed for already fulfilled obligations and parties will sell their count off consequently, without being able to aspire to any indemnification whatever nature it is.
www.5continents.fr is a publication of :
Address : 58 route de l'Empereur
City: 92500 RUEIL MALMAISON
RCS : number 494 438 146
Phone: +339 7040 5551
The present General Conditions do not contradict or change the laws applying to the non professional or the consumer.
Article L211-4 of the Consumer Code
The seller must deliver all goods in conformity with the contract and is liable for defects. It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when goods are handed over.
Article L211-5 of the Consumer Code
To comply with the contract, the goods must :
1° Be suitable for the intended purposes, in good condition and when appropriate :
- match the description given by the seller and possess the qualities that have been presented to the buyer such as a sample or model.
- posses the features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling.
2° Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the seller accepted.
Article L211-12 Consumer Code
The action resulting from the lack of conformity within two years from delivery.
The seller remains liable for defects of conformity of the contract and fatal flaws in accordance with art. 1641 to 1649 of the Civil Code. Article 1641
The seller is obliged to guarantee that there are no hidden defects of the goods sold which render it unfit for the purpose for which it was intended, that decrease this use, or that would make the buyer unwilling to purchase if he knew.
Article 1648 1st paragraph of the Civil Code
The action resulting from latent defects must be brought to the attention of the seller by the seller within two years after the discovery of the defect.
In accordance with article L. 121-20 of the Consumer Code, the buyer has a delay of seven (7) days to exercise his right of withdrawal without paying penalties, other than a return shipping cost. The withdrawal period commences on the date of reception of a "Corporate Gift" by the client.
When the information specified in article L 121-19 of the Consumer Code is not provided to the buyer, the withdrawal period is extended to three (3) months. However, when the information is supplied to the buyer during the 3 month period following the purchase of the"trees", the withdrawal period starts at that time and lasts for 7 days.
If the seven (7) day period ends in a Saturday, Sunday or a holiday, the withdrawal period is extended to the following normal open day.
In accordance with article L 121-20-1 of the Consumer Code, if a withdrawal is exercised, 5CONTINENTS is required to reimburse the customer no later than thirty (30) days following the date of the request. In addition, the sum due is liable to interest at the legal rate.
5CONTINENTS – 58 route de l'Empereur - 92500 RUEIL MALMAISON, FRANCE.
In accordance with article L 121-20-2 of the Consumer Code "the right of withdrawal cannot be exercised, unless both parties have agreed that : the withdrawal has begun before the seven day period has ended".
Modification of Eligible Project Holders
5CONTINENTS reserves the right to withdraw one or multiple Project Holders chosen by the Customer with a written request of the concerned Project Holders. 5CONTINENTS will inform the client as to the details by phone, mail or email.
In accordance with article L 121-20-3 of the Consumer Code, the Customer should be reimburese within thirty (30) days of payment. Beyond these terms, the amounts bear interest at the legal rate.
However, 5CONTINENTS will propose other Project Holders to the Client that he has the ability to accept or reject.
The costs of returning the goods following exercising of the right of withdrawal, are, in this case, the burden of 5CONTINENTS.
In case of refusal on the Customer's part, the order is canceled and refunded in full, according to the repayment terms set out above.