For orders placed on the website “The French potato plant” (hereinafter referred to as “the Site”), accessible from the URL address https://plantdepommedeterre.org/en/.
Preamble
Founded in 1932, the National Federation of Potato Plant Producers (FN3PT) has since its origins grouped together the seed potato producers’ unions admitted to official control and, since 1994, 3 Regional Producers (E.P.R.) which became Producers’ Organizations in 2012: the northern committee, Brittany Plants and the center and South Committee.
The FN3PT’s main missions are :
– The control and certification of seedlings under delegation from the French Ministry of Agriculture;
– Production of starting material (in vitro cuttings, mini tubers);
– Improving production techniques and providing technical support to plant producers;
– Economic organization of the sector;
– Plant breeding (COMITE NORD, BRETAGNE PLANTS, GROCEP);
– Generic promotion of French know-how and seedlings at national and international level.
In addition to the information available on the Site, the following information is communicated in accordance with the provisions of article L.111-2 of the French Consumer Code.
FN3PT is subject to value-added tax and identified by an individual number in application of article 286 ter of the French General Tax Code: TVA intracommunautaire FR 56 77 5 676 455.
The general terms and conditions of sale described below detail the rights and obligations :
– of the FN3PT in the context of the online sale of products on the Site. The online sale of these products on this Site is the responsibility of the FN3PT, co-manager of the Site.
– any consumer or professional (hereinafter referred to individually as the “Purchasing Customer”, the “Professional Purchasing Customer” or the “Non-professional Purchasing Customer”).
Article 1 – Purpose
These general conditions of sale concern the online sale of products between the FN3PT and the purchasing Customer (hereinafter collectively referred to as the “Parties”).
These general terms and conditions of sale express the entirety of the Parties’ obligations. They constitute the sole basis of the commercial relationship between the FN3PT and the purchasing Customer. In this sense, the purchasing Customer is deemed to accept them without reservation.
The present general terms and conditions of sale prevail over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or reservation, to all sales made by the FN3PT to the purchasing Customer.
The Parties agree that these general terms and conditions of sale exclusively govern their relationship.
The FN3PT reserves the right to modify its general conditions of sale from time to time. They will be applicable as soon as they are put online on the Site.
If a condition of service is lacking, it will be considered to be governed by the practices in force in the sales sector for professionals (companies or educational establishments) or private individuals domiciled in France.
The present general terms and conditions of sale are communicated to any purchasing Customer who so requests, in order to enable him/her to place an order.
The FN3PT reserves the right to derogate from certain clauses of the present terms and conditions, depending on the negotiations conducted with the purchasing Customer, by drawing up special terms and conditions of sale.
The FN3PT may, in addition, establish specific general terms and conditions of sale, derogating from the present general terms and conditions of sale, depending on the type of purchasing Customer, who will then be subject to these specific general terms and conditions of sale.
Article 2 – Order
Once the Customer has chosen the products he wishes to purchase, checked the contents of his basket and entered his delivery and invoicing details, he may finalize his order by printing out his order form and returning it with his payment to the following address:
Fédération Nationale des Producteurs de Plants de Pomme de Terre (FN3PT)
43 – 45 rue de Naples
75008 Paris, France
On receipt, the order is recorded by the FN3PT, which sends a confirmation e-mail to the Customer’s address. The confirmation e-mail summarizes all information relating to the order, in accordance with the conditions described below. If the service cannot be provided, the purchasing Customer will be informed by e-mail.
Article 3 – Prices
The sale price is calculated on the basis of the information supplied by the Customer-Buyer in his/her shopping basket (items, number of copies, country of delivery) and transcribed in the order form. It is established on the day the order is placed. Prices and ancillary charges are inclusive of all taxes.
For deliveries outside mainland France, any customs duties or local taxes are the responsibility of the recipient. We advise customers to check with the relevant authorities in their country. All orders sent will be accompanied by the corresponding invoice.
Article 4 – Terms of payment
Payment of the order must be made exclusively by :
– Cheque in euros payable to FN3PT.
The purchasing customer must send his cheque together with his order form to :
Fédération Nationale des Producteurs de Plants de Pomme de Terre (FN3PT)
43 – 45 rue de Naples
75008 Paris
– PayPal. The customer-buyer undertakes to comply with PayPal’s terms of use and privacy policy and to send payment to the FN3PT PayPal account.
Article 5 – Disputes / Refusal of payment
Orders are only dispatched on receipt of payment.
In particular, the FN3PT reserves the right to refuse to make a delivery or to honour an order from a purchasing Customer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
In certain cases, notably non-payment, incorrect address or other problem with the purchaser’s account, FN3PT reserves the right to block the purchaser’s order until the problem has been resolved.
The order for this service will then be cancelled and reimbursed if necessary, with the remainder of the order remaining firm and definitive. For any question relating to the follow-up of an order, the purchasing Customer should contact the FN3PT on +33 (0)1 44 69 42 60 (Monday to Friday, 09:00 to 17:00, cost of a local call) or by email: fnpppt@plantdepommedeterre.org.
Article 6 – Delivery times
Deliveries are made by “La Poste” to the postal address indicated at the time of ordering, provided that this address is correct, whether the order is from France or abroad.
Items weighing less than 1 kg are sent by “post” for metropolitan France and DROM-TOM, and by “International Priority Mail” for other countries. Shipments over 1 kg are sent by “Colissimo” to Metropolitan France, DROM-TOM and abroad.
La Poste’s indicative delivery time in mainland France is 2 working days. Exceeding this time limit may in no case be held against the FN3PT, nor give rise to termination of the contract or any compensation for damages.
Article 7 – Availability of items
Items ordered are delivered while stocks last. In the event of unavailability of an item, the purchasing Customer will be informed by e-mail.
Article 8 – Returns / Refunds / Exchanges
8.1. Arrival of the parcel
FN3PT recommends that the Customer check the number of packages and the condition of the packaging in the presence of the carrier. Any reservations should be noted on the delivery slip presented by the carrier, or may be sent, within forty-eight (48) hours, by e-mail to fnpppt@plantdepommedeterre.org.
8.2. Right of withdrawal / Return
Non-professional customers have the right to withdraw from an order placed on the Site within fourteen (14) clear calendar days of receipt of the parcel. At the end of this period of fourteen (14) days, the products delivered shall be deemed to conform to the order and to have been accepted by the purchasing Customer.
If the Customer is a professional purchaser, the right of withdrawal provided for in the French Consumer Code does not apply.
Customer-buyers wishing to exercise their right of withdrawal must send a request by e-mail to fnpppt@plantdepommedeterre.org within fourteen (14) days of receipt of the parcel. A prepaid “Colissimo” label will then be sent by e-mail.
The contents of the order must be returned in its original packaging and accompanied by the corresponding delivery note, within thirty (30) days of receipt of the label.
The FN3PT will proceed with the reimbursement of the order, by bank transfer upon the sending of a RIB, within a period less than or equal to sixty (60) days following the date of receipt of the returned parcel. Cash on delivery will not be accepted for any reason whatsoever.
8.3. Exchange
In the event of delivery of a defective or non-compliant item, FN3PT undertakes to exchange it, provided that the purchasing Customer makes a request by e-mail to fnpppt@plantdepommedeterre.org within fourteen (14) days of receipt of the parcel.
A prepaid “Colissimo” label will then be e-mailed to the purchasing Customer. The defective or non-compliant item must be returned in its original packaging and accompanied by the corresponding delivery note within thirty (30) days of receipt of the label.
On receipt of the returned item, FN3PT will send a new copy of the item to the purchasing Customer.
Article 9 – Claims
All claims, whether amicable or judicial, relating to the execution of the sale concluded between the FN3PT and the purchasing Customer, are limited to one claim per order in accordance with the terms described in Article 8 – “Return / Refund / Exchange”. Settlement of the said claim shall constitute final settlement of any prejudice relating to the said claim.
It is the purchaser’s responsibility to express precise, complete, quantified, dated and signed reservations to the carrier.
Article 10 – Referral to the Consumer Ombudsman
The non-professional Customer-buyer may, if not satisfied with the FN3PT’s response, refer the matter to the CNPM MEDIATION CONSOMMATION, which is competent for any dispute concerning the sale of products covered by the present general terms and conditions of sale.
The mediation procedure is free of charge.
Referrals may be made :
– online:
https://www.cnpm-mediation-consommation.eu/mediation-consommation-demande.php ;
– or by post to the following address:
CNPM Médiation Consommation
27 avenue de la Libération
42400 Saint-Chamond
Article 11 – Intellectual property
Any name used by the FN3PT is protected as a trademark, and/or model, and/or design, and the same applies to any other name and/or trademark, and/or design, and/or model that may be used subsequently by the FN3PT.
It is expressly specified that the FN3PT trademarks and logos (and its derived trademarks) remain the exclusive property of the latter.
The professional purchaser customer may not, under any circumstances, use the trademarks, emblems, models, distinctive signs of the FN3PT (and its derived trademarks) nor grant in any way whatsoever any right to a third party on the use of these elements on any medium whatsoever. All names, visuals and communication media may only be used by the purchaser with the express prior agreement of the FN3PT.
Generally speaking, any advertising carried out by the professional purchaser Customer must not under any circumstances depreciate, devalue and/or modify the FN3PT’s brand image. The Parties undertake to consult each other for any communication project to third parties (in particular the media).
Article 12 – Protection of personal data
The FN3PT uses computer processing to carry out its distance selling activities, containing in particular personal data concerning the purchasing Customer.
The FN3PT guarantees the Client purchaser that it takes all necessary precautions to ensure the security and confidentiality of this data.
The FN3PT informs that these data will be used by its services for the execution of the sale, the follow-up of the order and the possible notification of delivery of the recipients.
This data will be kept for one year and one day.
In accordance with the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, and law n°78-17 of January 6, 1978 known as “informatique et libertés” last amended by law n°2018-493 of June 20, 2018, it is understood that any person concerned may exercise their right of access, rectification, right of opposition, right of deletion and right of portability of their data.
To do so, the Purchasing Customer may contact the FN3PT at any time:
– electronically at fnpppt@plantdepommedeterre.org ;
– by post to the following address (marked “confidential”):
Fédération Nationale des Producteurs de Plants de Pomme de Terre (FN3PT)
43 – 45 rue de Naples
75008 PARIS
To do so, all Customer purchasers must clearly indicate their first and last names, the address to which they wish the reply to be sent and attach a photocopy of a valid identity document bearing their signature.
The FN3PT reserves the right to modify the present clause relating to the protection of personal data at any time. If a modification is made to the present personal data protection clause, the FN3PT undertakes to publish the new version on the Site.
Article 13 – Applicable law
The present general terms and conditions of sale are subject to French law. They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
The parties undertake to seek an amicable solution to any dispute arising from the provision of services. Should they fail to do so, any dispute will fall within the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal, even in the event of multiple defendants or the introduction of third parties.
FN3PT – June 28, 2023 edition