Terms and conditions

Preamble

These Terms and Conditions apply to all purchases made on the Abican website.
The website www.abican.eu is a service provided by:
Abican, whose registered office is located at 165 RUE TOPAZE 13510 ÉGUILLES, France
Website address: www.abican.eu
E-mail: hello@Abican.eu
SIRET: 91259246600011
The Abican website sells the following products: hemp-derived products (CBD).
The Customer declares that they have read and accepted these Terms and Conditions before placing their order. Validation of the order therefore constitutes acceptance of these Terms and Conditions.

Article 1 – Principles

These conditions express the entirety of the obligations of the parties. They are accepted without reservation.
They prevail over any other document, in particular any conditions applicable to sales in stores or via other distribution channels.
They are accessible on the Abican website and, where applicable, prevail over any other version or any contradictory document.

The Seller and the Buyer agree that these Terms and Conditions exclusively govern their relationship. The Seller reserves the right to amend them from time to time. They will apply as soon as they are posted online.
If a sales condition is missing, it is deemed to be governed by the practices in force in the distance-selling sector whose companies are headquartered in France.

Article 2 – Purpose

These Terms and Conditions are intended to define the rights and obligations of the parties in the context of online sales of goods offered by the Seller to the Buyer on the Abican website.
These Terms and Conditions apply only to purchases made on the Abican website and delivered exclusively within European countries. For any delivery to French overseas departments/territories or outside Europe, please contact the following e-mail address: hello@Abican.eu
The products concerned are: merchandise based on hemp-derived products (CBD).

Article 3 – Pre-contractual information

The Buyer acknowledges having been provided, prior to placing the order and concluding the contract, in a readable and understandable manner, with these Terms and Conditions and all the information listed in Article L. 221-5 of the French Consumer Code.

In particular, the following information is provided to the Buyer clearly and comprehensibly:

• the essential characteristics of the goods;
• the price of the goods and/or the method of calculating the price;
• where applicable, all additional transport, delivery or postage costs, and any other potential costs;
• in the absence of immediate performance of the contract, the date or timeframe within which the Seller undertakes to deliver the goods;
• information relating to the Seller’s identity, postal, telephone and electronic contact details, and activities, as well as, where applicable, legal guarantees, the functionalities of digital content, its interoperability, the existence and implementation of guarantees and other contractual conditions.

Article 4 – Orders

The Buyer may place an order online, from the online catalog and using the form provided for each product, subject to stock availability.
The Buyer is informed of any unavailability of the product or merchandise ordered.
For the order to be validated, the Buyer must accept these Terms and Conditions by clicking where indicated. They must also choose the delivery address and method, and finally validate the payment method.

The sale is considered final:

• after the Seller has sent the Buyer confirmation of acceptance of the order by e-mail; and
• after the Seller has received payment in full.

Any order implies acceptance of the prices and descriptions of the products for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, particularly non-payment, incorrect address or any other problem on the Buyer’s account, the Seller reserves the right to block the Buyer’s order until the problem is resolved.
For any questions relating to order tracking, the Buyer may call 0652242120 or send an e-mail to hello@Abican.eu.

Article 5 – Electronic signature

Entering the Buyer’s bank card number online and final validation of the order constitute proof of the Buyer’s agreement. This implies the enforceability of the amounts due for the purchase order and the express signature and acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the Buyer is invited, as soon as such use is observed, to contact the Seller by e-mail: hello@Abican.eu.

Article 6 – Order confirmation

The Seller provides the Buyer with a copy of the contract by e-mail.

Article 7 – Evidence of the transaction

Computerized records, kept in the Seller’s computer systems under reasonable security conditions, will be considered proof of communications, orders and payments between the parties. Orders and invoices are archived on a reliable and durable medium that can be produced as evidence.

Article 8 – Product information

The products covered by these Terms and Conditions are those that appear on the Seller’s website and are indicated as sold and shipped by the Seller, subject to stock availability.
The products are described and presented as accurately as possible. However, if errors or omissions may have occurred in this presentation, the Seller cannot be held liable.
Product photographs are not contractual.

Article 9 – Prices

The Seller reserves the right to change its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date.

Prices are indicated in euros. They do not include any delivery costs, which are charged in addition and indicated before the order is validated. Prices include VAT applicable on the day of the order, and any change in the applicable VAT rate will automatically be reflected in the price of products on the site.

If one or more taxes or contributions, particularly environmental ones, are created or modified, upward or downward, this change may be reflected in the sale price of the products.

Article 10 – Payment terms

This is an order with an obligation to pay, which means that placing the order implies payment by the Buyer.

To pay for the order, the Buyer has, at their choice, all the payment methods made available by the Seller and listed on the Seller’s website. The Buyer guarantees the Seller that they have any necessary authorizations to use the chosen payment method when validating the purchase order. The Seller reserves the right to suspend any order processing and any delivery in the event of refusal of payment authorization by officially accredited organizations or in the event of non-payment. The Seller further reserves the right to refuse to deliver or honor an order from a Buyer who has not paid for a previous order in full or in part, or with whom a payment dispute is in progress.

Payment of the total price is due on the day of the order and is made by bank card.

Article 11 – Product availability – Refund – Termination

Except in cases of force majeure or when the website is clearly announced as closed on the home page, shipping times are understood to be subject to stock availability. Delivery times run from the date the order is recorded as indicated in the order confirmation e-mail.

For deliveries in Europe, the period is 3 days from the day after the Buyer places their order (depending on the method: UPS or any other carrier), and may not exceed 30 business days from the conclusion of the contract.

Article 12 – Delivery delay

In the event of non-compliance with the agreed delivery date or timeframe, the Buyer must, before terminating the contract, instruct the Seller to perform within an additional reasonable period.
If performance has not occurred upon expiry of this new period, the Buyer may freely terminate the contract.

The Buyer must carry out these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered terminated upon receipt by the Seller of the letter or writing informing it of such termination, unless the professional has performed in the meantime.
However, the Buyer may immediately cancel the contract if the above dates or timeframes constitute an essential condition of the contract for them.

In this case, the Seller is obliged to reimburse the Buyer for all sums paid no later than 14 days following the date of termination of the contract.

In the event of unavailability of the product ordered, the Buyer will be informed as soon as possible and may cancel the order. The Buyer may then request a refund of the amounts paid no later than 14 days from their payment, or an exchange of the product.

Article 13 – Delivery terms

Delivery means the transfer to the consumer of the physical possession or control of the goods. The products ordered are delivered according to the methods and timeframe indicated above.

Products are delivered to the address indicated by the Buyer on the order form. The Buyer must ensure its accuracy. Any parcel returned to the Seller due to an incorrect or incomplete delivery address will be reshipped at the Buyer’s expense. At the Buyer’s request, an invoice may be sent to the billing address and not the delivery address by validating the option provided for this purpose on the order form.

If the Buyer is absent on the day of delivery, the courier leaves a delivery notice in the mailbox, allowing collection of the parcel at the place and within the timeframe indicated.

If, at the time of delivery, the original packaging is damaged, torn or open, the Buyer must then check the condition of the items. If they have been damaged, the Buyer must refuse the parcel and note a reservation on the delivery slip (parcel refused because open or damaged).

The Buyer must indicate on the delivery slip, in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged parcel…).
This verification is considered to have been carried out as soon as the Buyer or a person authorized by them has signed the delivery note.

The Buyer must then confirm these reservations to the carrier by registered letter no later than two business days following receipt of the item(s), and send a copy of this letter to the Seller at the address indicated in the website’s legal notices.
If products must be returned to the Seller, this must be done within 14 days following delivery. Any claim made outside this period cannot be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions…).

Article 14 – Product warranties

14-1 Legal warranty of conformity

The Seller guarantees that the goods sold conform to the contract and allows the Buyer to make a claim under the legal warranty of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code.
In the event of implementation of the legal warranty of conformity, it is recalled that:

• the Buyer has a period of 2 years from delivery of the goods to act;
• the Buyer may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
• during the 24 months following delivery of new goods (6 months for second-hand goods), the Buyer does not have to prove the existence of the lack of conformity of the goods.

14-2 Legal warranty against hidden defects

In accordance with Articles 1641 et seq. of the French Civil Code, the Seller is liable for hidden defects of the goods sold that render them unfit for the use for which they were intended, or that so diminish that use that the Buyer would not have acquired them, or would only have paid a lesser price, had they known of them. This warranty must be implemented within two years from the discovery of the defect.

The Buyer may choose to cancel the sale or request a price reduction in accordance with Article 1644 of the Civil Code.

Article 15 – Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the Buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, with the exception of return costs, which remain payable by the Buyer.
Returns must be made in their original and complete condition (packaging, accessories, instructions…), allowing them to be remarketed as new, and accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be taken back.
The right of withdrawal may be exercised online via the withdrawal form available on the site. In this case, an acknowledgment of receipt on a durable medium will be communicated to the Buyer immediately. Any other method of withdrawal statement is accepted. It must be unambiguous and express the intention to withdraw.
If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be refunded.
Return shipping costs remain the responsibility of the Buyer.
If the Buyer benefited from an additional promotional offer linked to the amount of their order and the return of an item cancels this promotion, the amount of the promotion + return costs will be deducted from the refund.

Exchange (subject to availability) or refund will be made within 48 hours and no later than 14 days following receipt by the Seller of the products returned by the Buyer under the conditions mentioned above.

Exceptions

In accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts relating in particular to:

• the supply of goods whose price depends on fluctuations in the financial market beyond the professional’s control and likely to occur during the withdrawal period;
• the supply of goods made to the consumer’s specifications or clearly personalized;
• the supply of goods which are liable to deteriorate or expire rapidly;
• the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
• the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
• the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the time of conclusion of the contract depends on fluctuations in the market beyond the professional’s control;
• maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by them, within the limit of the spare parts and work strictly necessary to meet the emergency;
• the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
• the supply of a newspaper, periodical or magazine, except for subscription contracts for such publications;
• the supply of digital content not supplied on a tangible medium, the performance of which has begun after the consumer’s prior express consent and express waiver of their right of withdrawal.

Article 16 – Force majeure

All circumstances beyond the control of the parties preventing performance under normal conditions of their obligations are considered causes of exemption from the parties’ obligations and lead to their suspension.
The party invoking the above-mentioned circumstances must notify the other party of their occurrence and their disappearance.

Force majeure shall include any irresistible, unforeseeable, unavoidable events independent of the parties’ will that cannot be prevented by the latter, despite all reasonably possible efforts.
In addition to those usually recognized by case law of French courts, force majeure expressly includes: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, interruption of telecommunications networks or difficulties specific to external telecommunications networks to customers.

The parties will consult to examine the impact of the event and agree on the conditions under which the performance of the contract will continue. If the force majeure event continues for more than three months, these Terms and Conditions may be terminated by the injured party.

Article 17 – Intellectual property

The content of the website remains the property of the Seller, the sole holder of intellectual property rights in this content. The Buyer undertakes not to use it. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.

Article 18 – Personal data

The personal data provided by the Buyer is necessary for processing their order and issuing invoices.
It may be communicated to the Seller’s partners responsible for executing, processing, managing and paying for orders.
The processing of information communicated via the Abican website has been declared to the CNIL.

The Buyer has a permanent right of access, modification, rectification and objection with regard to information concerning them, under the conditions and according to the methods defined on the Abican website.

Article 19 – Partial invalidity

If one or more provisions of these Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope.

Article 20 – No waiver

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these Terms and Conditions shall not be interpreted as a waiver of the obligation in question for the future.

Article 21 – Headings

In the event of difficulty of interpretation between any of the headings appearing at the head of the clauses and any of the clauses, the headings shall be declared non-existent.

Article 22 – Contract language

These Terms and Conditions are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Article 23 – Mediation

In the event of a dispute, the Buyer may resort to conventional mediation, in particular with the consumer mediation commission or with existing sector-specific mediation bodies, or any alternative dispute resolution method (conciliation, for example).

Article 24 – Governing law

These Terms and Conditions are subject to French law. The competent court is the district court for disputes up to €10,000, or the regional court for disputes over €10,000.
This applies to both substantive and procedural rules. In the event of a dispute or claim, the Buyer shall first contact the Seller to seek an amicable solution.

Article 25 – Protection of personal data

Data collected

The personal data collected on this website is as follows:
Account creation: when creating a user account, the following are recorded: first name, last name, e-mail, telephone number, postal address, company information.
Login: when the user logs into the website, the site records in particular their first name, last name, login, usage, location and payment data.
Profile: use of the services provided on the website allows the completion of a profile that may include an address and a telephone number.
Payment: as part of paying for products and services offered on the website, the site records financial data relating to the user’s bank account or credit card.
Communication: when the website is used to communicate with other members, data relating to the user’s communications is temporarily stored.
Cookies: when visiting the website, a cookie may be automatically installed on the user’s browser software, which can be disabled in the browser settings.

The personal data collected from users is intended to ensure the provision of the website’s services, their improvement and the maintenance of a secure environment. More specifically, uses include:

• access to and use of the website by the user;
• management of operation and optimization of the website;
• implementation of user support;
• verification, identification and authentication of data transmitted by the user;
• possibility for the user to communicate with other users of the website;
• personalization of services by displaying advertising based on the user’s browsing history, according to their preferences;
• prevention and detection of fraud, malware and security incident management;
• management of any disputes with users;
• sending commercial and advertising information based on the user’s preferences.

Communication of personal data to third parties

Personal data may be shared with third-party companies in the following cases:

• if the user uses payment services, the website is in contact with third-party banking and financial institutions with which it has concluded contracts;
• when the user posts publicly accessible information in free comment areas of the website;
• when the user authorizes a third-party website to access their data;
• when the website uses service providers to provide user support, advertising and payment services;
• if required by law, the website may transmit data to respond to claims against the website and comply with administrative and judicial procedures;
• in the event of a merger, acquisition, transfer of assets or insolvency proceedings, the website may have to transfer or share all or part of its assets, including personal data. In this case, users would be informed before the personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. It should be noted, however, that the Internet is not a completely secure environment and the website cannot guarantee the security of information transmission or storage on the Internet.

EXERCISE OF USERS’ RIGHTS

In accordance with applicable regulations on personal data, users have the following rights, which they may exercise by sending a request to hello@Abican.eu:

• right of access (to know the personal data concerning them);
• right of rectification (to update or correct inaccurate data);
• right of erasure (to delete their data, subject to legal obligations);
• right to restriction of processing;
• right to object to the processing of their data;
• right to data portability (to receive their data for transmission to another controller).

Clause changes

The website reserves the right to make any changes to this clause on the protection of personal data at any time. In the event of a change to this clause, the website undertakes to publish the new version on its site and to inform users by e-mail at least 15 days before its effective date. If the user does not agree with the terms of the new wording, they may delete their account.

Article 26 – Age verification and protection of minors

(1) The sale and delivery of CBD-based products offered on www.abican.eu are strictly reserved for adults aged 18 or over (or the legal age in force in their country of residence if higher than 18).

(2) By placing an order, the Buyer confirms they have reached this minimum age. The Seller reserves the right to request proof of identity (for example, a copy of an identity document) and to cancel the order in case of doubt.

(3) The Buyer undertakes to comply with all local and national provisions. The Seller declines any liability for orders that would violate applicable law.

Article 27 – Prohibited uses and content

(1) The use of our website and all services offered is strictly reserved for lawful purposes and must comply with applicable laws.

(2) The following are in particular prohibited:

• Any form of zoophilia or bestiality,
• The commercial or professional exploitation of website content without express authorization,
• Any form of harassment, intimidation or invasion of privacy,
• Soliciting minors for illegal purposes,
• The dissemination of hate speech, discriminatory or obscene content,
• The promotion or commission of drug or arms trafficking, or any other criminal activity,
• Any action intended to disrupt the technical operation of the website (e.g., hacking, viruses).

(3) The Seller reserves the right to suspend or delete any user account and to remove any content (comments, reviews, etc.) that violates these prohibitions or legal provisions.

Article 28 – Complaints procedure and content removal

(1) If users or third parties identify content (comments, reviews, images) on our website that they consider inappropriate or unlawful, they may submit a complaint to: hello@Abican.eu.
Please specify:

• The exact description or URL of the content in question,
• The reasons why the content would be illegal or inappropriate,
• Your contact details (name, e-mail).

(2) After receiving the complaint, we will promptly review the content in question. If the complaint is well-founded, the content will be removed or made inaccessible.

(3) In the event of repeated or serious violations of these Terms and Conditions or legal provisions, the Seller may suspend or delete the account of the user concerned.

(4) The Seller assumes no liability for content provided by third parties (e.g., user reviews) but undertakes to act promptly to remove or make inaccessible any illegal content as soon as it becomes aware of it.

Article 29 – CBD-specific disclaimer

The products sold on the Abican website, although authorized for sale, are in no way intended to diagnose, treat, cure or prevent any disease.

Abican provides no medical advice. The information presented on the website, product pages or any other medium must not be interpreted as a therapeutic recommendation or an encouragement to self-medicate. Any use for medical purposes must be discussed with a qualified healthcare professional.

The Seller disclaims all liability in the event of misuse of the products, including any form of combustion. The combustion of any product is neither recommended nor encouraged. The Seller promotes only uses that comply with applicable legislation and are respectful of health.

Furthermore, Abican neither endorses nor encourages the consumption of illegal substances, nor the abusive or diverted use of legal substances.

The Buyer is solely responsible for complying with the laws in force in their country of residence regarding the purchase, possession and use of CBD-based products.