General terms and conditions of sale
Article 1 - General provisions relating to these general terms and conditions of sale (hereinafter the "GTC")
1. 1 Purpose
The GTC are applicable exclusively to the online sale of products appearing on the site www.thirdeye-shop.com which is freely accessible to any Internet user.
1. 2. Field of application
The T&Cs exclusively govern the online sales contracts of Third eye France SAS products to customers and constitute with the online order the contractual documents opposable to the parties, excluding all other documents, leaflets, catalogs or photographs of the products which have only an indicative value.
The GCS are exclusively applicable to products delivered to customers established in metropolitan France, in the overseas territories, and/or in a member country of the EU.
The GTC are written, as well as all the contractual information mentioned on the site, in French language.
1.3 Availability and enforceability of the GTC
The GTC are available to consumers on the seller's website where they can be consulted directly.
The GTC are opposable to the customer who acknowledges, by checking a box provided for this purpose, to have been informed and to have accepted them before validating the order.
The validation of the order by its confirmation is worth adhesion by the customer to the CGV in force at the day of the order whose conservation and the reproduction are ensured by the professional salesman in accordance with the article 1127-2 of the civil code (old C. civ., art. 1369-4).
1.4 Modification of the T&Cs
Third eye France SAS reserves the right to modify its Terms and Conditions at any time.
In case of modification of the GTC, the applicable GTC are those in force at the date of the order, a copy of which dated to this day can be given to the customer at his request.
1.5 Severability of the clauses of the GTC
The nullity of a contractual clause does not entail the nullity of the GTC, except if it is an impulsive and determining clause that led one of the parties to conclude the sales contract.
The temporary or permanent non-application of one or more clauses of the GTC by Third eye France SAS shall not constitute a waiver of the other clauses of the GTC, which shall continue to have effect.
Article 2 - Products
The products offered for sale presented in the catalog published on the site are each the subject of a description mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.
The photographs illustrating the products do not constitute a contractual document.
The method of use of the product, if it is an essential element, is mentioned in the electronic catalog or at the latest at its delivery.
Products are offered and delivered while stocks last.
In case of unavailability of the ordered product, Third eye France SAS proposes to the customer either :
- Sending a substitute product with similar characteristics, whose price is at least equal to that of the product initially chosen;
- the issue of a voucher for the amount of the order;
- the refund of the order within 7 days.
Apart from the refund of the price of the unavailable product, Third eye France SAS is not liable for any compensation for cancellation, unless the non-performance of the contract is personally attributable to it.
Article 3 - Prices
The sale prices are indicated, for each of the products appearing in the electronic catalog, in euros all taxes included, excluding delivery and transport costs.
The selling price of the product is the one in force on the day of the order.
Delivery and transport costs are mentioned before validation of the order and are invoiced in supplement except when the order exceeds a sum previously announced on the page "Delivery and payment" of the site www.thirdeye-cbd.com.
They are fixed on the summary of the order.
The total amount due by the customer is indicated on the order confirmation page.
In case of a price promotion, Third eye France SAS commits to apply the promotional price to any order placed during the period of the promotion.
Third eye France SAS reserves the right to modify its prices at any time, while guaranteeing the customer the application of the price in force at the day of the order.
For deliveries in the DOM TOM: there is no VAT but possibly customs duties will be paid.
Article 4- Offer
The online sales offers presented on the site are reserved for customers residing in metropolitan France / overseas territories and / or in a member country of the European Union and for deliveries in these same geographical areas.
The online sales offers presented on the site are valid, in the absence of indication of particular duration, as long as the products appear in the electronic catalog and within the limits of available stocks.
The acceptance of the offer by the customer is validated, in accordance with the double click process, by the confirmation of the order.
Article 5 - Customer account
Before placing an order on the site, the Customer can create a customer account. To this end, he/she must fill out a form in the "My Account" section with information about him/her, and he/she undertakes to provide accurate information and not to impersonate a third party or to change his/her age.
In particular, the Customer shall indicate his e-mail address and a password that will be used to identify himself on the site at a later date. The login and password are personal and the Customer undertakes not to disclose them.
Article 6 - Order
6. 1. Steps in the conclusion of the contract
To place an order, the customer, after having filled his virtual basket by indicating the selected products and the desired quantities, clicks on the button "Validate the basket" and provides the information relating to the delivery and the method of payment.
Before clicking on the button "Validate the basket", the customer has the possibility to check the details of his order and its total price and to return to the previous pages to correct possible errors or to modify his order.
The sales contract is formed when the customer sends the order confirmation.
6. 2. Order modification
Any modification of the order by the customer after confirmation of his order is subject to the acceptance of the professional seller.
6.3. Confirmation of the order
An email acknowledging receipt of the order and payment is sent by Third eye France SAS as soon as possible.
Third eye France SAS reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for customers having the quality of individuals.
The archiving of communications, order forms and invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with article 1360 of the civil code. These communications, order forms and invoices can be produced as proof of the contract.
Article 7 - Payment
The price of the products is due in full after confirmation of the order.
7.1 Terms of payment
Payment is made online by credit card.
7.2. Payment security
Our site is subject to the mandatory 3D secure and PCI DSS security systems.
7.3. Default of payment
In case of non-payment of the full price within ten days, the contract will be considered as automatically cancelled.
Article 8 - Delivery
8.1 Delivery area
Third eye France SAS delivers any order to the metropolitan France, the overseas territories and the territory of the European Union.
8.2. Delivery times
Third eye France SAS is committed to deliver the products within the time indicated on the page of validation of the order by the customer, namely :
- During the day in Paris
- From 24 hours to 5 days in France;
- From 3 days to 10 days in the European Union countries;
- 5 to 20 days in the overseas territories.
The delivery time corresponds to the shipping time indicated on the page of the product to which is added the time of treatment and routing.
The time limit starts from the total payment of the order.
The deadlines do not apply in the event of force majeure or acts of God.
8. 3. Shipping costs
Delivery costs are at the customer's expense, except when the order exceeds a predetermined amount.
8.4. Terms of delivery
The products are delivered to the address indicated by the customer on the order form.
Delivery is made by :
- direct delivery of the product to the customer by the carriers depending on the size of the object;
- by home delivery;
- by collection from a relay point.
If the package is made available, it must be collected by the customer within fifteen days of the notice of availability.
In the absence of withdrawal within the indicated period, Third eye France SAS can, after a formal demand of the customer, remained without effect, proceed to the withdrawal, cancel the order by right. The delivery costs will not be refunded, and the possible return costs will be charged to the customer.
8.5. Product compliance
When the product is delivered to the address indicated, it is the customer's responsibility to check the condition of the delivered product in the presence of the delivery person and, if necessary, to make reservations on the delivery note or the transport receipt.
If the product is not in conformity with the order, the customer must address a complaint to the professional seller in order to obtain the replacement of the product or possibly the resolution of the sale.
8.6. Delivery and transfer of risk
The product, which is delivered to the customer by a carrier chosen by Third eye France SAS, travels at the risk of the seller. The risk is transferred to the buyer when he takes physical possession of the goods.
The risk of loss of or damage to the goods passes to the customer at the time the customer, or a third party designated by the customer, takes physical possession of the goods, regardless of their nature.
8.8. Transfer of ownership
The ownership of the product is transferred to the customer upon actual delivery.
8.9. Delay in delivery
If delivery has not occurred within 30 days of the date of the online order, the customer may request a refund within 30 days.
This period does not apply in the event of force majeure.
8.10. Failure to deliver
The total failure to deliver will result in the automatic cancellation of the sales contract and the reimbursement of the price paid, including delivery costs.
A delivery incident will not be considered a delivery failure.
Article 9 - Legal guarantee of conformity and guarantee against hidden defects
All products supplied by Third eye France SAS benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code or the guarantee of hidden defects provided for in articles 1641 and following of the civil code.
The French law applicable to the contract cannot have the effect of depriving the customer residing in another Member State of the provisions on guarantees granted to him by its national law in application of the directive of May 25, 1999 concerning the sale of consumer goods and guarantees.
Third eye France SAS is held responsible for the guarantee due to the hidden defects of the sold thing which make it unsuitable for the use for which it is intended, or which decrease so much this use that the customer would not have acquired it, or would have given only a lesser price, if he had known them.
The customer can decide to implement the guarantee against the hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Article 10 - Right of withdrawal and return of ordered items
In accordance with Articles L. 221-5 and following of the Consumer Code, the customer has a period of 14 days from receipt, by himself or a third party, of the items ordered to exercise his right of withdrawal without having to justify reasons or pay penalties.
To exercise the right of withdrawal, the customer must fill out the withdrawal form on the following page or send an email containing his name, address and order number and indicating unambiguously that he exercises his right of withdrawal to the following address: sav @ thirdeye-shop.com
The cost of returning the product ordered and delivered to the customer will be borne by the customer.
The customer can return the products to the following postal address
Third eye France SAS
5 Visconti Street
75006 Paris CEDEX
Returned products must be new, unused, and if applicable in their original box. Any item returned soiled and/or damaged by the customer will not be accepted.
The return is done after reception and confirmation of the complaint by Third eye France SAS.
It is the customer's responsibility to provide proof of this return.
The customer will be refunded the full amount of his order, at the invoiced price, except for the delivery costs, within 15 days from the reception by Third eye France SAS of the returned order. This refund will be made by the same means of payment as the one used for the initial transaction.
If the return is refused by Third eye France SAS for the above mentioned reasons, the products will be returned to the customer at the customer's expense without the customer being able to demand any compensation or right to reimbursement, except for the subsequent exercise of his warranty rights on the sold products.
Article 11 - Complaints
In case of dispute, the customer must make an amicable claim to Third eye France SAS by email: sav @ thirdeye-shop.com or by mail to the following address Third eye France SAS , 5 rue visconti Paris 75006
Article 12: Intellectual Property
The content of the website www.thirdeye-shop.com,the general structure as well as the software, texts, images animated or not, photographs, its know-how and all the other elements composing the website are the exclusive property of the company Third eye France SAS or of its partners who have granted a license.
Any total or partial representation of this site by any person whatsoever, without the express permission of the company Third eye France SAS is prohibited and would constitute an infringement punishable by the Code of Intellectual Property.
The distinctive signs of Third eye France SAS and its partners, such as domain names, trademarks, names and logos appearing on the site are protected by the Code of Intellectual Property.
Any total or partial reproduction of these distinctive signs made from the elements of the site without the express authorization of the company Third eye France SAS is therefore prohibited.
Article 13: Force majeure
In case of force majeure as defined by the current jurisprudence, the execution of the services of Third eye France SAS will be suspended for all or part. The force majeure is any external, unforeseeable and insurmountable event preventing Third eye France SAS to execute its contractual obligations.
In case of an event qualified as force majeure according to the previous paragraph, Third eye France SAS undertakes to notify the customer as soon as possible.
Article 14 - Disputes, competent court and applicable law
This contract and the GTC governing it are subject to French law, subject to the mandatory rules of the consumer's country of residence.
In the absence of an amicable agreement, any dispute relating to the existence, interpretation, conclusion, execution or breach of the contract as well as to all documents related to this contract will fall under the jurisdiction of the judicial court and/or the commercial court of Paris.