GENERAL TERMS OF SALE (B2C)

The information listed in Article L. 221-5 of the Consumer Code is indicated here and on the Site, provided to the Client and acknowledged by them prior to placing their order.

1. APPLICATION
   These General Terms of Sale apply to sales made through the website www.notocbd.com (the “Site”) and are entered into between:
   The publisher and operator of the Site, the company OZEN, a simplified joint-stock company registered with the Créteil Trade and Companies Register under number 887 875 276, with its head office located at 65 Bis Quai Winston Churchill, La Varenne Saint-Hilaire, 94210 Saint-Maur-Des-Fossés (hereinafter referred to as the “Seller”), contact@notocbd.com, and
   Any consumer buyer, defined as a natural person acting for purposes outside their trade, business, craft, liberal, or agricultural activity (hereinafter referred to as the “Client”) who has the required capacity to contract and acquire the products offered on the Site.
   These General Terms of Sale are subject to future modifications; the version applicable to the Client’s purchase is the one in effect on the Site at the time the order is placed.
2. PRODUCTS
   The products sold on the Site include capsules and sublingual liquids (including oils) made with phytocannabinoids (CBD). Products may be updated at any time, and these terms will apply to any new product type offered for sale.
   The Client is invited to review the applicable regulations in their territory concerning these products. According to French law, the Seller states that the products meet the conditions of Article R5132-86 of the Public Health Code and the order of August 22, 1990, which applies to the preceding article: the raw materials come from the fibers and seeds of approved plant varieties, and their THC content is below 0.2%. Both raw materials and finished products undergo multiple testing procedures in leading laboratories to ensure no detectable THC.
   Products are described and presented on the Site as accurately as possible. The Client must review the available information before placing an order, particularly the essential product characteristics and any warnings on the product sheet (e.g., minimum recommended age for consumption or contraindications when combined with ongoing treatments).
   Products sold are not intended for medical use, diagnosis, treatment, or preventive measures. They are not substitutes for prescribed medical treatments. Clients should verify potential intolerances or allergies to products or their components before ordering. In case of doubt, the Client is advised to consult their physician.
3. PRICING
   Product prices are shown on the Site in euros (€) and pounds sterling (£), including VAT. Prices are fixed and remain valid as long as the products are displayed on the Site. The Seller reserves the right to change prices at any time. The applicable price is the one in effect at the time of the order.
   Prices do not include shipping, transport, and delivery costs, which are added and disclosed to the Client before placing an order. Customs duties, local taxes, import duties, or state taxes may also be required, for which the Client is solely responsible.
   Telecommunication costs related to accessing the Site are the Client’s sole responsibility.
   In the event of a deposit, this amount will not be considered as a non-refundable deposit.
4. ORDERING
   To place an order, the Client must follow these steps while visiting the Site:
   Follow the Site instructions, particularly those necessary for creating a client account.
   Fill out the order form. Prolonged inactivity during the connection may mean that the selection is no longer guaranteed, and the Client may need to restart the selection process.
   Review the order details and correct any errors if necessary.
   Validate the order and price.
   Follow the instructions for online payment to complete the payment.
   By placing an order, the Client accepts these General Terms of Sale without limitation or reservation, which must be read and accepted by checking the appropriate box before the online order is placed.
   The sale is final only after the Client receives an email confirmation of the order acceptance by the Seller and full payment has been received. Any order placed under these conditions forms a contract concluded remotely between the Client and the Seller.
   The Seller reserves the right to refuse an order for a large quantity of the same product if deemed abnormal, made in bad faith, or for any legitimate reason, particularly when there is a dispute regarding payment for a previous order.
5. PAYMENT
   The price is payable in full on the day the order is placed, using one of the payment methods provided by the Seller and listed on the Site, at the Client’s choice (e.g., credit card, PayPal, or other available third-party services).
   The Seller reserves the right to suspend any order management and delivery if a bank card payment is refused by financial institutions or in the case of non-payment.
6. ORDER CONFIRMATION
   The Seller will provide the Client with an order confirmation on a durable medium within a reasonable time after the contract is concluded and no later than at the time of delivery.
7. TRANSACTION PROOF
   Computerized records kept in the Seller’s IT systems, under reasonable security conditions, are considered proof of communications, orders, and payments between the parties. Order and invoice archiving is done on a reliable, durable medium that can be produced as proof.
8. DELIVERY
   Products are delivered to the address indicated by the Client when placing the order, using the services selected by the Client. The Seller uses Colissimo by La Poste, Mondial Relay, and UPS for international orders.
   Any package returned to the Seller due to an incorrect or incomplete delivery address will be reshipped at the Client’s expense. The delivery fees depend on the order amount and the delivery method chosen by the Client. This amount is shown to the Client before order confirmation.
   The Client can track the order’s processing status in the dedicated section on the Site.
   Except in cases of force majeure or during the announced closing periods of the online store as stated on the Site’s homepage, shipping times will, within available stock limits, be those indicated to the Client. The Seller will make every effort to meet this timeframe.
   If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel the order. The buyer can then choose between requesting a refund of the amounts paid or exchanging the product.
   The delivery times stated on the Site are given in business days and represent the average time for order preparation and delivery within the specified territory. In the event of a delay, the Seller will inform the Client via email.
   In accordance with Article L216-2 of the Consumer Code, if the Seller fails to fulfill the delivery obligation by the indicated delivery deadline or, if no deadline is specified, within 30 days of the order, the Client can cancel the order via registered letter with acknowledgment of receipt or written communication on another durable medium if, after notifying the Seller using the same methods, the delivery is not made within a reasonable additional period.
   If the order is canceled, the Seller will refund the Client the amounts paid no later than 14 days following the date of cancellation, excluding any additional compensation.
9. RECEIPT
   If, at the time of delivery, the original packaging is damaged, torn, or open, the Client must check the condition of the items. If they have been damaged, the Client must refuse the package and note a reservation on the delivery slip (package refused because it was open or damaged).
10. TRANSFER OF OWNERSHIP AND RISK
    The transfer of ownership of the products is completed after full payment of the price by the Client. The risk of loss or damage to the products transfers to the Client when they or a third party designated by them, other than the carrier provided by the Seller, physically takes possession of the products.
11. RIGHT OF WITHDRAWAL
    In accordance with Article L221-18 of the Consumer Code, the Client has a period of fourteen days to exercise their right of withdrawal, starting from the day of receipt of the product, without penalty or cost, except for return shipping fees, which are borne by the Client.
    However, it is noted that, in accordance with the aforementioned Article L221-18, the right of withdrawal cannot be exercised for contracts involving the supply of goods that are likely to deteriorate or expire quickly, or for the supply of goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection. Due to these provisions, no right of withdrawal will be accepted for Products sold that meet these characteristics, especially products whose original packaging has been unsealed.
    This right can be exercised online using the withdrawal form available on the Site. The Seller will promptly send the Client an acknowledgment of receipt of the withdrawal on a durable medium. The Client may also proceed by any other declaration, unambiguous, expressing their wish to withdraw.
    Returns must be made in their original state and complete, allowing them to be remarketed as new, accompanied, if possible, by the purchase invoice. The Seller will then reimburse the Client for all amounts paid, including shipping costs, no later than fourteen days from the date they are informed of the Client’s decision to withdraw.
12. LEGAL GUARANTEES
    The products sold on the Site are covered by:
    The legal guarantee of conformity, for products that are defective, damaged, or do not match the order;
    The legal guarantee against hidden defects resulting from a defect in material, design, or manufacturing affecting the delivered products and making them unfit for use.
    Under the legal guarantee of conformity, the consumer Client:
    Has a period of two years from the delivery of the item to take action against the seller;
    May choose between repair or replacement of the ordered product, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
    Is exempt from proving the existence of the product’s non-conformity during the 24 months following the delivery of the product;
    The legal guarantee of conformity applies independently of any commercial guarantee that may cover the product;
    The Client may choose to implement the guarantee against hidden defects under Article 1641 of the Civil Code; in this case, they can choose between canceling the sale or a price reduction according to Article 1644 of the Civil Code.
    The costs of shipping non-compliant or defective products will be reimbursed based on the charged rate, and return shipping costs will be refunded upon presentation of receipts, within fourteen (14) days following the Seller’s confirmation of non-conformity or hidden defect.
    The Seller’s guarantee is limited to replacing or refunding non-compliant or defective products.
    The Seller’s liability cannot be engaged in cases of misuse, professional use, negligence by the Client, or force majeure.
13. FORCE MAJEURE
    Events defined in Article 1218 of the Civil Code and those commonly recognized by French case law are considered cases of force majeure.
    The obligations of each party will resume once the event constituting a case of force majeure has ceased. If the force majeure lasts more than fifteen (15) days or makes the order permanently impossible, the order will be terminated at the request of the more diligent party without any compensation.
14. INTELLECTUAL PROPERTY
    The content of the Site, including illustrations, images, photos, and texts, is the property of the Seller. Any total or partial reproduction or representation of the Site and its content is strictly prohibited and may constitute an infringement.
    NOTO is a registered trademark in the European Union in classes 3, 5, 25, 30, and 32 and cannot be reproduced without the Seller’s authorization.
    Other trademarks and copyrights that may be reproduced on the Site are the property of their respective owners.
15. APPLICABLE LAW AND JURISDICTION
16. These conditions are subject to French law. All disputes that may arise from sales concluded under these conditions will be submitted to the competent courts under common law conditions. They are written in French. If they are translated into one or more languages, only the French text will be considered authentic in the event of a dispute. In the event of a dispute or claim, the Client will first contact the Seller to seek an amicable solution. The consumer Client is informed that they may resort to conventional mediation, notably with the Consumer Mediation Commission or existing sectoral mediation bodies, or any alternative dispute resolution method in case of a dispute. The consumer Client can access the names, contact details, and websites of the referenced mediators on the site www.mediation-conso.fr.

ANNEX I

PROVISIONS RELATING TO LEGAL GUARANTEES

Article L217-4 of the Consumer Code The seller delivers a product in conformity with the contract and is responsible for any non-conformity existing at the time of delivery. They are also responsible for non-conformities resulting from packaging, assembly instructions, or installation when these were carried out under their responsibility or specified in the contract.

Article L217-5 of the Consumer Code The product is in conformity with the contract if: 1° It is suitable for the use usually expected of a similar product and, if applicable:

Matches the description provided by the seller and has the qualities presented to the buyer in the form of a sample or model;

Has the qualities a buyer can reasonably expect based on the public statements made by the seller, the producer, or their representative, including in advertising or labeling; 2° It has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention, and accepted by them.

Article L217-12 of the Consumer Code The action resulting from non-conformity must be initiated within two years of the delivery of the product.

Article L217-16 of the Consumer Code When the buyer requests the seller to carry out repairs covered by a commercial guarantee provided at the time of acquisition or repair of a movable item, any period of immobilization of at least seven days adds to the remaining duration of the guarantee. This period starts from the buyer’s request for intervention or the provision of the item in question for repair, if later than the request.

Article 1641 of the Civil Code The seller is liable for hidden defects in the item sold that make it unfit for its intended use or that significantly reduce its usability so that the buyer would not have purchased it, or would have paid a lower price, if they had known about them.

Article 1648, Paragraph 1 of the Civil Code The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.