Terms of Sales

These General Conditions of Sale (known as “CGV”) apply, without restriction or reservation to all sales concluded by the Seller to non-professional buyers (“Customers or the Customer”), wishing to acquire the products offered for sale (“The Products”) by the Seller on the website www.eracbd.com. The Products offered for sale on the site are as follows: Food and cosmetic products based on cannabidiol.

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.eracbd.com what the customer is required to read before validating his order.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are within the limits of available stocks, as specified when ordering.

These General Terms and Conditions are accessible at any time on the website www.eracbd.com and will take precedence over any other document.
The Customer declares to have read these General Terms and Conditions and to have accepted them by checking the box provided for this purpose before implementing the site's online ordering procedure. www.eracbd.com.

The Seller's contact details are as follows:

Era CBD – KXI Group

Registered with the RCS of Paris, under number 912 658 549

13 street Robert Houdin

Email : contact@eracbd.com

Intracommunity VAT number FR18912658549

The Products presented on the site www.eracbd.com are offered for sale for the following territories: Espace SHENGEN.

1. Purchase conditions

The products that we offer on the Site are reserved for adults (or minors holding authorization from their legal representative allowing them to place an order on the site) and who have full legal capacity to place orders on the Site.

We reserve the right at any time to ask You for proof of identity attesting to your age and/or the aforementioned authorization from the legal representative. We reserve the right not to respond to an order and/or to exclude from our customer/prospect database, a Buyer who has not responded to the above request or who does not meet the requirements provided for in this clause.

2. Products - Price

a- Products

The Products offered for sale on the Site are those which appear on the Site, on the day of consultation of the Site by the Buyer. Our product offers are valid as long as they are online and are offered while stocks last.

The Buyer is informed that the photographs and texts illustrating the Products are subject to change.

b- Unavailability of a product

In the event of unavailability of a Product, You are informed of this unavailability:

either, when placing the order: a message is displayed indicating that the desired Product is temporarily unavailable;
or, following validation of the order and before delivery, by email. In this case, we undertake to reimburse you within 14 days from the date of your order.

c- Price

The Products are supplied at the current prices appearing on the site www.eracbd.com, when the order is registered by the Seller.
Prices are expressed in Euros, excluding tax and including tax.
These prices are firm and cannot be revised during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

The prices do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the site and calculated before placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.

It is specified that any promotions granted in the form of discount vouchers are only valid for a single order per household and over a given period of validity and cannot be combined with other reduction offers.

The Seller reserves the right to modify its prices at any time but the Products are invoiced on the basis of the prices in effect at the time the order is registered.

d- Ratings and comments from Internet users

You have the opportunity to give your opinion and recommend each Product. You also have the possibility to consult the opinions and recommendations of other Internet users. The opinions and recommendations expressed for each Product correspond to the average of the ratings and recommendations of Internet users who answered each question, and are solely those of the latter. These opinions and recommendations cannot under any circumstances constitute a contractual element on the part of the Seller.

The stars appearing on the Site next to the Products represent the average of the ratings, at a given moment, left by people who have expressed themselves on our Site about this Product. They are therefore likely to evolve every day.

3. Registration and validation of the order

a- Order conditions

To enter an order, the Buyer must first connect to the Site. He can then select the Products he wishes to order by browsing the Site.

The Buyer may return to this order, complete it, modify it, cancel it as long as he has not definitively validated it. If the Buyer wishes to choose other Product(s), he can continue his navigation on the Site, being assured that the Product(s) he has just selected is/are well preserved in his shopping cart.

Once the selection of Products is complete, the Buyer can order them by confirming the order via the button provided for this purpose. From then on, a new page opens inviting the Buyer to accurately complete a personal data collection form by filling in the mandatory fields: Name, First name, Email address, Billing postal address, Delivery postal address (address to which delivery can be made).

The Buyer undertakes to complete in good faith the form made available to him. We are not responsible for the inaccuracy and non-exhaustiveness of the data communicated by the Buyer. The latter must therefore recognize that the data which he communicates to the Seller and which are stored in the information systems of the Seller and/or its subcontractors are accurate and constitute proof of his identity. Please note that this personal data is governed by the Personal Data Policy accessible > here.

After checking the contents of his order, the Buyer is invited:

either to click on the button allowing access to payment for your order, under the conditions described in these General Terms and Conditions;
or to click on the button allowing them to modify their basket and/or the information relating to their personal contact details.

By clicking on the button giving access to payment for the order, the Buyer must, firstly, read these General Terms and Conditions, then secondly, confirm his agreement to all of the General Terms and Conditions by implementing a acceptance confirmation action required on the Site (for example by checking a box).

As soon as the Buyer confirms his acceptance of the General Terms and Conditions, an Internet page dedicated to paying for the order opens. Any order is an order with payment obligation, which means that placing an order involves payment by the Buyer.

The Buyer must then pay for their order under the conditions described in these General Terms and Conditions.
It is specified that by choosing payment by credit card, as provided for in Article 4 below, the Buyer will then be automatically switched to the payment provider's electronic payment server. The payment provider's server is secured by S.S.L encryption. (Secure Socket Layer) so as to protect as effectively as possible all data linked to means of payment, and that at no time will the Buyer's banking data pass through the Seller's computer system. Its responsibility is therefore released.

The computerized registers or any other data recorded by the Seller constitute proof of all transactions between the Seller and the Buyer.

The order is therefore validated once payment has been made. A summary of the order is then sent to the Buyer by email.

b- Confirmation of the order

Once the order is confirmed and payment validated, a summary of the order is sent to the Buyer by e-mail. This summary includes in particular the total amount of the order, the payment terms, the delivery conditions and the rights of withdrawal. The Seller retains ownership of the Products until full payment of the price. In the event of a payment incident, the Buyer undertakes to return the Products to the Seller, at his own expense.

In order to protect the Seller from abusive practices carried out by fraudsters, and in the event that the Seller or the online payment provider suspects the fraudulent nature of an order, they reserve the right to ask the Buyer ( prior to processing the order) additional documents (in particular proof of identity of the Buyer) in order to verify the non-fraudulent nature of the order.

In the absence of a response from the Buyer within fifteen (15) days following the sending of the request by the Seller or the online payment provider, the order will be canceled and no payment will be collected by the Seller. In the event that payment for the order has already been collected, the Seller will reimburse it within fourteen (14) days following the expiration of the aforementioned period, according to the payment method used by the Buyer.

c- Proof of the order

Emails exchanged between the Seller and the Buyer, as well as the automatic recording systems used on the Site, constitute proof of the order. The Buyer can also access their electronic contract by contacting Customer Service.

4. Payment

The amount owed by the Buyer is the amount indicated on the order confirmation as displayed on the internet page dedicated to this purpose and then transmitted by email by the Seller to the Buyer.

Payment can only be made at the time of ordering, online, by credit card (Visa, Mastercard, Carte Bleue, American Express or Paypal).

The order is only validated by the Seller after (i) acceptance of the T&Cs by the Buyer, (ii) verification and confirmation of the validity of the payment and (iii) sending to the Buyer confirmation of acceptance of his order.

In any event, the Seller reserves the right to refuse any order or delivery in the event of (i) exceeding a ceiling of 500 euros, (ii) an existing dispute with the Buyer, (iii) no -total or partial payment of a previous order by the Buyer, (iv) refusal of authorization for payment by credit card from banking organizations, (v) non-payment or partial payment.

The Products remain the property of the Seller until full payment of the price including tax.

5. Delivery and reception

a- Delivery method

Once the order has been prepared, it is sent to the postal address provided by the Buyer when placing the order.

The Products are delivered by postal services or by a specialized service provider (depending on the case and/or the delivery options selected) (hereinafter the “Carrier”). In the absence of the Buyer, the Carrier leaves a notice in the Buyer's mailbox. The Buyer must then contact the Carrier in order to agree on a new delivery date. It is nevertheless specified that if the Buyer does not contact the Carrier again, the latter will carry out two new delivery attempts, the date and time of which will be determined at the discretion of the Carrier.

The Buyer is informed that the package is kept by the Delivery Person for a period of ten (10) days after the first presentation.

b- Deadlines

Orders are processed within an indicative time frame of 1 (one) working day. This deadline may be extended during pre-order and promotion periods.

Please remember that an order is only sent once it has been processed.

From the processing of the order, the corresponding Products are dispatched and delivered within the following indicative deadlines:

delivery by MONDIAL RELAY: 3 working days,

delivery by Colissimo, Colis Privé or Coliéco at the seller's choice: 3 to 6 working days,

delivery by CHRONOPOST: 2 to 3 working days.

Sundays and public holidays are not considered working days.

In any case, the order is executed within a maximum period of thirty (30) days from the day following that on which the Buyer validated his order, subject to full payment of the price and compliance with the conditions of purchase. defined in the “Conditions of Purchase” article of these General Terms and Conditions.

If there is no delivery at the end of this period, the Buyer has the option of canceling his order under the conditions provided for in the article “Delay in Delivery” below.

c- Late delivery

In the event of late delivery (exceeding the maximum delivery time of thirty (30) days after validation of the order), the Buyer must, as soon as possible, report this delay to the Seller by email: contact@eracbd.com and this, so that the Seller can have an investigation carried out with the Carrier.

If during this investigation, the order is found within 7 days from the date of the customer's letter, it will be sent within 14 days from the date of the customer's letter to the designated place of delivery in the order. After this period of 7 days, or if at the end of this investigation the order is considered lost, the Customer may then request a credit for the amount of the item(s) or its reimbursement.

In any event, in the event of a delivery delay of more than 16 working days from the Buyer's email notifying the delay, not due to a case of force majeure, the Buyer has the option of canceling his order from Customer Service: contact@eracbd.com

If the Buyer exercises this right of denunciation under the conditions of this article 5.c, the price of the order will not be collected by the Seller.

In the event that payment for the order has already been collected, the Seller will reimburse all sums paid by the Buyer (reimbursement or credit), according to the payment method used within a maximum period of fourteen (14 ) days from receipt of the complaint, to the exclusion of any other compensation.

d- Reception

Each delivery is deemed to have been made as soon as the Product(s) are made available by the Carrier to the Buyer, or to a third party indicated by the Buyer. It is the responsibility of the Buyer to immediately check the conformity and integrity of the Product(s) shipped upon receipt of the Product(s).

Any anomaly/reservation identified at the time of delivery (in particular late delivery, missing or damaged product) must be reported completely and precisely by the Buyer on the receipt given by the Carrier at the time of making the Products available and /or confirmed by registered letter to the Carrier within ten (10) days following receipt of the order.

Any reservation of this type must be notified in parallel and as soon as possible to the Seller's Customer Service by e-mail: contact@eracbd.com. A copy of the complaint addressed to the Carrier must be attached.

6. Legal guarantees

a- Descriptions of legal guarantees

Legal guarantee of conformity – In accordance with articles L. 217-3 et seq. of the Consumer Code, the Seller is required to deliver a Product that complies with the order placed by the Buyer and must respond to any lack of conformity existing at the time of delivery of said Product, appearing within two (2) years from this date.

The Seller also responds, during the same deadlines, for defects in conformity resulting from the packaging.

This warranty period applies without prejudice to articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the Buyer's action is the day the latter becomes aware of the lack of conformity.

Under the legal guarantee of conformity, the Product must in particular, to comply with the contract:

Correspond to the description, type, quantity and quality or any other characteristic provided for in the contract;
Be suitable for any special use sought by the Buyer, brought to the attention of the Seller at the latest at the time of conclusion of the contract and which the latter has accepted;
Be delivered with all accessories required to be supplied in accordance with the contract.

In addition to the contract conformity criteria, the Product is compliant if it meets the following criteria:

It is suitable for the use usually expected of goods of the same type, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
Where applicable, it has the qualities that the Seller presented to the Buyer in the form of a sample or model, before the conclusion of the contract;
Where applicable, it is delivered with all accessories, including packaging, that the Buyer can legitimately expect;
It corresponds to the quantity, quality and other characteristics, including in particular in terms of durability and safety, that the Buyer can legitimately expect for goods of the same type, having regard to the nature of the Product as well as the public statements made by the Seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.

However, the Seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:

That he did not know them and was not legitimately able to know them;
That at the time of the conclusion of the contract, the public declarations had been corrected under conditions comparable to the initial declarations; Or
That the public statements could not have influenced the purchasing decision.

The Buyer cannot contest conformity by invoking a defect concerning one or more particular characteristics of the Product, of which he was specifically informed that they deviated from the conformity criteria set out previously, a deviation to which he expressly and separately consented during the conclusion of the contract.

Except for express exceptions relating to specific products, the Seller does not grant any commercial guarantee within the meaning of article L. 217-21 of the Consumer Code.

Legal guarantee against hidden defects – Likewise, in accordance with article 1641 of the Civil Code, the Seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the Buyer would not have acquired it, or would have only given a lower price, if he had known them.

Action resulting from redhibitory defects must be brought by the Buyer within two (2) years from the discovery of the defect.

b- Procedures to follow

If the Products delivered do not conform to the Products ordered by the Buyer or if they present hidden defects, the latter must send an email to the Seller's Customer Service to notify them of the non-conformity or hidden defects of its Product(s) via the contact form > here – “Complaints.”

The Seller's Customer Service acknowledges receipt of the Buyer's request and confirms the procedure to follow. Upon receipt of instructions from the Seller's Customer Service, the Buyer returns the non-compliant Products or Products affected by a hidden defect to the Seller at the following address indicated by customer service.

The Product(s) must be (i) returned, at the Customer's expense, complete, unused (except in the case of a hidden defect), in its (their) original packaging intact and (ii) accompanied by its (their) original packaging (packaging, instructions, etc.) as well as the return slip and a photocopy of the invoice.

Furthermore, the Seller does not accept packages sent postage collect. Any risk linked to the return of the Product(s) is your responsibility.

Upon receipt of the Product(s) presumed to be non-compliant or affected by a hidden defect, the Seller carries out an inspection of the Product(s) to establish the conformity or otherwise of said Products. Likewise, the Seller may carry out a quality test on the Product(s) returned by the Buyer to verify that the Product(s) returned are indeed Product(s). (s) original. It is understood that these checks are carried out as quickly as possible and within a maximum period of one (1) month.

c- Content of legal guarantees

If the non-compliance of the Product(s) is confirmed or the hidden defect is proven: the Buyer may choose between repair and replacement of the Product, subject to the cost conditions provided for in Article L. 217- 12 of the Consumer Code. Note that the Buyer (i) benefits from a period of two (2) years from delivery of the Product to act and (ii) is exempt from providing proof of the existence of the lack of conformity of the Product during twenty-four (24) months following delivery of the Product.

As part of the implementation of the guarantee against hidden defects of the thing sold by the Buyer within the meaning of article 1641 of the Civil Code, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

7. Right of withdrawal

a- Content of legal guarantees

The Buyer has a right of withdrawal which he can exercise within fourteen (14) clear days, without having to give reasons or pay penalties, with the exception of return costs which are payable. his load. This withdrawal period expires fourteen (14) clear days after the day on which the Buyer, or a third party designated by him other than the Carrier, takes physical possession of the Products.

If the Buyer has ordered several Products in a single order, or the delivery of the Products has been made in several parts, the withdrawal period does not begin before the Buyer, or a third party designated by him other than the Carrier, does not take physical possession of the last Product or the last part of the delivery.

To exercise his right of withdrawal, the Buyer must send his decision of withdrawal to the Seller by any unambiguous declaration before the expiration of the withdrawal period, by completing the withdrawal form available. > here.

For the withdrawal period to be respected, it is sufficient for the Buyer to send his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.

b- Return of the product subject to withdrawal

Following the Buyer's communication of his decision to withdraw, the Buyer must return to the Seller the complete Product(s), unused, in its (their) original packaging intact. and accompanied by its (their) original packaging as well as the return slip and a copy of the invoice, without undue delay and at the latest within fourteen (14) days following communication by the 'Buyer of his decision to withdraw, to the address communicated by Customer Service. This deadline is deemed to be respected if the Products are returned before the expiry of the fourteen (14) day withdrawal period.

If the Products are not returned within fourteen (14) days following communication by the Buyer of their decision to withdraw, no reimbursement will be possible.

The costs of returning the Product(s) remain the responsibility of the Buyer.

c- Reimbursement of the product subject to withdrawal

The Seller undertakes to reimburse the Buyer for all amounts paid, with the exception of delivery costs. Unless expressly agreed by the Buyer for another means of reimbursement, reimbursement of the Product(s) will be made according to the original payment method used by the Buyer, without undue delay and, in any event, at later within fourteen (14) days from the day the Seller is informed of the Buyer's decision to withdraw. This reimbursement will not incur any costs for the Buyer. The reimbursement of this sum may however be deferred until the effective recovery of the returned Products or until the Buyer has provided proof of shipment of the Product, the date chosen being that of the first of these events.

The Buyer is informed that Products unsealed after delivery and which cannot be returned for reasons of hygiene or health protection cannot benefit from the right of withdrawal (in particular, and without this list being able to be considered as exclusive, cosmetic products from which the cover has been removed).

For any additional information on the scope, content and instructions regarding the exercise of the Buyer's right of withdrawal, the latter can contact Customer Service > here.

8. Personal data

a- Personal data

The provision of nominative information (personal data), indicated by an asterisk, and collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. . This information is strictly confidential and is only used by the Seller, or its subcontractors subject to the same obligations, only for the processing of orders placed and in accordance with the Personal Data Policy accessible > here.

Please note that the Buyer has the right to access, modify, rectify and delete personal data concerning him or her.

The Buyer may receive from the Seller e-mails providing information on the Seller's Products and activities, if the Buyer has previously consented to this by checking the box provided for this purpose. The Buyer retains the right to refuse such communication either a priori by not giving consent at the time of validation of the order, or a posteriori by unsubscribing to the newsletter.

b- Cookies

The Site uses cookies. Cookies are computer files stored on the hard drive of the Buyer's computer. For more information on the use of cookies by the Seller on this Site, We invite You to read the information available in our Confidentiality Policy.

9. Miscellaneous stipulations

a- Force majeure

No Party is responsible for the total or partial non-performance of its obligations under these General Terms and Conditions if this non-performance is caused by an event constituting force majeure.

Events meeting the criteria set by the case law of the Court of Cassation and the legislation are considered to be force majeure.

The Party invoking an event constituting force majeure must notify the other Party within five (5) working days following the occurrence of this event. The Parties agree that they must consult as soon as possible in order to jointly determine the terms of execution of the order during the duration of the force majeure event. Beyond a period of one (1) month of interruption due to force majeure, the Seller may not honor the order, subject to reimbursement to the Buyer if necessary.

b- Completeness of the General Terms and Conditions

These General Terms and Conditions and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties. In the event of a contradiction between these documents, the General Conditions of Sale will prevail.

c- Modification of the General Conditions of Sale

It is specified that the Buyer may save or print these General Terms and Conditions, provided however not to modify them.

The current General Conditions of Sale can be consulted at any time under the “General Conditions of Sale” section accessible via all pages of the Site.

The Seller may update these General Terms and Conditions at any time.

d- Applicable law and competent jurisdictions

These General Terms and Conditions and the contractual relations between the Buyer and the Seller are subject to French law. In the event of a dispute between the Buyer and the Seller, and in the absence of resolution of the dispute within the framework of mediation, the latter will be brought before the competent French courts. You can seek legal assistance at any time, at your own expense.