General terms and conditions of sale

Article 1 - Definitions

These General Terms and Conditions of Sale (hereinafter the "GTCS") are offered by Canna Elite Europe Ltd, registered in Ireland and whose registered office is at 301 Roselawn House, National Technologic Park - Limerick - Ireland.

Hereinafter referred to as the "Site":

the https://www.elite-cbd.eu website and all its pages. "Products" or "Services" :

all the products (equipment) and services (services) that can be purchased or subscribed to on the Site. "Seller":

Canna Elite Europe Ltd, a legal or natural person, offering its Products or Services on the Site. "Customer":

the Internet user, private individual or professional, making a purchase of Product(s) or Service(s) on the Site. "Consumer", as defined in the preliminary article of the French Consumer Code:

"any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft or liberal activity".

Internet users visiting the site and interested in the products and services offered by the seller are invited to read these GTC carefully, print them out and/or save them on a durable medium before placing an order on the site. The customer acknowledges having read the GTS and accepts them in full and without reservation.

Article 2 - Application of the GTCS and purpose of the Site

The Vendor reserves the right to modify the GTC at any time by publishing a new version of them on the Site. The GTC applicable to the Customer are those in force on the day of the Customer's order on the Site. The legal information concerning the Site host and publisher, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notice and the data charter of this Site.

Access to the Site is free of charge for anyone over the age of 18, or 21 in certain countries. This Site offers the online sale of CBD (Cannabidiol) based products. All these products come from varieties of hemp whose cultivation is authorised in Europe, with a THC content of less than 0.2%. The products offered on the www.elite-cbd.fr website are not medicines, and are not intended to diagnose, treat, cure or prevent any disease or medical condition.

If you require medical care or assistance, you should consult a doctor. We are not authorised by law to advise you on the therapeutic or medical use of CBD (Cannabidiol). We therefore invite you to consult your doctor on this subject, in particular to check with him or her that there are no contraindications with your state of health and any possible interactions of this cannabinoid with certain medicines.

The purchase of a Product or Service implies the Customer's acceptance of these GTC in their entirety, and the Customer hereby acknowledges that they are fully aware of them. This acceptance may consist, for example, of the Customer ticking the box corresponding to the sentence accepting these GTCS, which might read, for example, "I acknowledge that I have read and accepted all of the general terms and conditions of the Site".

Ticking this box will be deemed to have the same value as a handwritten signature by the Customer. Acceptance of these GTC implies that Customers have the legal capacity to do so.

If the Customer is a minor or does not have this legal capacity, they declare that they have the authorisation of a guardian, curator or their legal representative. The Customer acknowledges the evidential value of the Vendor's automatic recording systems and, unless he/she provides proof to the contrary, waives the right to contest them in the event of a dispute.

The security of the www.elite-cbd.eu site is ensured by an SSL certificate which encrypts all data exchanges with customers and ensures that they remain confidential.

Article 3 - Creation of a customer account

The creation of a "customer account" is an essential prerequisite to any order by the Customer on this Site. To this end, the Customer will be asked to provide a certain amount of personal information such as their first and last name, email address, postal address and telephone number, this list not being exhaustive. In this respect, the Customer undertakes to provide accurate information. The Customer is responsible for updating his/her data. They must therefore notify the Vendor immediately of any changes. The Customer is solely responsible for the truthfulness, accuracy and relevance of the data provided.

Customers registered on the Site may access it by logging in using their identifiers (e-mail address defined at the time of registration and password) or, where applicable, by using systems such as third-party social networking connection buttons. The Customer is entirely responsible for protecting the password they have chosen. They are encouraged to use complex passwords. If the Customer forgets their password, they can generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section and the Customer therefore undertakes not to pass it on or communicate it to a third party. Failing this, the Vendor may not be held liable for unauthorised access to a Customer's account.

The customer account enables the Customer to consult all orders made on the Site. If the data contained in the customer account section were to disappear as a result of a technical failure or a case of force majeure, the Vendor may not be held liable, as this information has no evidential value but is for information purposes only. The pages relating to the customer account may be freely printed by the Customer holding the account in question, but in no way constitute proof; they are for information purposes only and are intended to ensure efficient management of the Customer's orders or contributions.

Customers are free to close their account on the Site. To do so, they must send an e-mail to the Seller indicating that they wish to delete their account. No recovery of their data will then be possible.

The Vendor reserves the exclusive right to delete the account of any Customer who has contravened these GCS (in particular, and without this example being exhaustive, where the Customer has knowingly provided incorrect information when registering and setting up their personal space) or any account that has been inactive for at least one year. Such deletion shall not constitute a loss for the Customer, who shall not be entitled to claim any compensation as a result. This exclusion is not exclusive of the Vendor's right to take legal action against the Customer, where justified by the facts.

Article 4 - How to place an order and description of the purchasing process

The Products and Services offered are those shown in the catalogue published on the Site. These Products and Services are offered while stocks last. Each Product is accompanied by a description drawn up by the Seller based on the descriptions provided by the supplier.

The photographs of the Products in the catalogue reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment insofar as they cannot ensure perfect similarity with the physical Products. The "Shopping Cart" defined below is the immaterial object grouping together all the Products or Services selected by the Site Customer with a view to purchase by clicking on these elements. In order to place an order, the Customer chooses the Product(s) that they wish to order by adding them to their "Basket", the contents of which may be modified at any time.

Once the Customer considers that they have selected and added to their basket all the Products they wish to purchase, they will be able to validate their order by accessing their basket by clicking on the button provided for this purpose. They will then be redirected to a summary page on which they will be informed of the number and characteristics of the Products ordered, as well as their unit price.

The minimum order value on our site is €20.

If they wish to validate their order, Customers must tick the box relating to the ratification of these GCS and click on the validation button. The Customer will then be redirected to a page where they must fill in the order form fields. The Customer will then be redirected to a page where he/she will be asked to fill in the order form fields, in which case he/she will be asked to provide a certain amount of personal data, which is necessary for the order to be processed correctly.

All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions or cancel the order until it has been validated.

The Products sold remain the property of the Vendor until full payment has been received, in accordance with this retention of title clause.

Article 5 - Prices and payment terms

Unless otherwise stated, the prices appearing in the catalogue are in Euros, inclusive of all taxes, taking into account the VAT applicable on the date of the order and excluding any contribution to processing and shipping costs.

The publisher reserves the right at any time to modify its prices and to pass on, if applicable, any change in the VAT rate in force to the price of the Products or Services offered on the Website. Nevertheless, the price appearing in the catalogue on the day of the order will be the only price applicable to the Customer. The Customer may place an order on this Site and may pay by bank card or bank transfer. Credit card payments are made using secure transactions provided by an online payment platform provider.

This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly to the bank or payment service provider receiving the Customer's payment. In the event of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC shall only begin to run from the date of actual receipt of payment by the Vendor, the latter being able to provide proof thereof by any means.

The availability of Products is indicated on the Site, in the description of each Product. The Publisher will archive order forms and invoices on a reliable and durable medium constituting a true copy. The computerised registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 6 - Delivery

Delivery costs will be indicated to the Customer before any payment is made and concern deliveries made in Europe. For all other delivery locations, it is the Customer's responsibility to contact customer services. Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Vendor undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.

The Customer may refuse a parcel at the time of delivery if he/she notices any anomaly concerning the delivery (damage, Product missing in relation to the delivery slip, damaged parcel, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery slip, in the form of handwritten reservations, accompanied by the Customer's signature...

To exercise his right of refusal, the Customer must open the damaged or defective parcel(s) in the presence of the carrier and ask him to take back the damaged goods. If the Customer fails to comply with these instructions, he will not be able to exercise his right of refusal, and the Seller will not be obliged to comply with the Customer's request to exercise his right of refusal. If the Customer's parcel is returned to the Vendor by the Post Office or by other postal service providers, the Vendor will contact the Customer on receipt of the returned parcel to ask the Customer what action to take in respect of his order. If the Customer has mistakenly refused the parcel, they may request that it be sent back by first paying the postal charges for the new shipment.

Postal charges will have to be paid even for orders where postage was free when the order was placed. In the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows withdrawal, in accordance with article L.221-18 et seq. of the French Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition...

The Vendor cannot be held responsible for any defects resulting from the Customer's clumsiness or faulty handling. Any delay in delivery in relation to the date or deadline indicated to the Consumer Customer at the time of placing the order or, if no date or deadline is indicated at the time of placing the order, in excess of thirty (30) days from the conclusion of the contract may result in the cancellation of the sale at the initiative of the Consumer Customer, at the latter's written request by registered letter with acknowledgement of receipt, if after having requested the Seller to make the delivery it has not done so.

The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days of the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delay in delivery is due to force majeure. If you have any questions or if you encounter the slightest problem concerning the tracking or delivery of your order, please contact the department concerned, giving them the tracking number for your parcel, or contact us by e-mail, chat or text message.

Article 7 - Right of withdrawal and withdrawal form

In accordance with article L.221-18 of the French Consumer Code, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) working days from the date of receipt of the Product in his/her order, or from the conclusion of the contract for the provision of services, to withdraw. They must return any Product that does not suit them and request an exchange or refund without penalty, with the exception of the cost of returning the Product, within fourteen days of receipt by the seller of the request for a refund.

The Product must be returned in perfect condition. If applicable, it must be accompanied by all its accessories. The Consumer Customer may find below a standard retraction form for an order placed on the Site, to be sent to support@elite-cbd.eu. It is understood that the Customer will bear the cost of returning the Product in the event of withdrawal, as well as the cost of returning the Product if, due to its nature, it cannot normally be returned by post. If the above obligations are not fulfilled, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.

It is recommended that the Customer return the parcel using a solution that allows the parcel to be tracked. Otherwise, if the returned parcel does not reach the Seller, it will not be possible to launch an enquiry with the postal services in order to ask them to locate it. The refund will be made using the same method of payment as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees to the Seller using another method of payment, and insofar as the refund does not incur any costs for the Customer.

The Vendor also reserves the right to defer the refund until receipt of the Product or until the Customer has demonstrated that he has dispatched the Product, if such demonstration has not previously taken place. In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.

In accordance with Article L221-5 of the Consumer Code, ("Hamon Law") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:.

Withdrawal form (Please complete and return this form only if you wish to withdraw from the contract). For the attention of the publisher: I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of the services (*) below: Ordered on (*)/received on (*): Name(s) of Customer(s): Address(es) of Customer(s): Signature(s) of Customer(s) (only in the case of notification of this form on paper): Date: (*) Delete as appropriate.

Article 8 - Exceptions to the right of withdrawal

The Site offers the sale of the following Products, for which the right of withdrawal for Consumer Customers cannot be applied, by virtue of Article L.221-28 of the French Consumer Code: Seeds, Confectionery and Honey. The Customer acknowledges that he/she is aware of this list, which is set out in these GTC prior to the sale.

Services commencing immediately after purchase and fully executed before the end of the withdrawal period do not entitle the Customer to benefit from his right of withdrawal if he has expressly waived his right of withdrawal. The right of withdrawal may not be exercised in the case of the supply of digital content not supplied on a tangible medium, where performance has begun before the end of the withdrawal period with the Customer's express waiver of his right of withdrawal.

Article 9 - Product warranty

Legal provisions to be reproduced When acting under the legal guarantee of conformity, the consumer has a period of two years from delivery of the goods in which to take action; he may choose between repairing or replacing the goods, subject to the cost conditions set out in article L.217-9 of the Consumer Code; except for second-hand goods, he is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods, a period extended to 24 months from 18 March 2016. The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

Consumers may decide to invoke the guarantee against hidden defects in the item sold under article 1641 of the French Civil Code, unless the seller has stipulated that it will not be obliged to provide any guarantee; in the event that this guarantee is invoked, the buyer may choose between rescinding the sale or reducing the sale price in accordance with article 1644 of the French Civil Code. He has a period of two years from the discovery of the defect.

The postponement, suspension or interruption of the limitation period may not have the effect of extending the extinctive limitation period beyond twenty years from the date on which the right arose, in accordance with article 2232 of the Civil Code. According to articles L.217-4 et seq. of the French Consumer Code, the Vendor is obliged to deliver goods in conformity with the contract concluded with the Consumer Customer and to respond to any defects in conformity existing during the delivery of the Product.

The guarantee of conformity may be exercised if a defect existed on the day the Product was taken into possession. However, if the defect appeared within 24 months of this date (or within 6 months if the order was placed before 18 March 2016 or if the Product is sold second-hand), it is presumed to meet this condition. However, in accordance with article L.217-7 of the French Consumer Code, "the Seller may rebut this presumption if it is not compatible with the nature of the [Product] or the claimed lack of conformity". However, once this 24-month period has elapsed (or 6 months if the order was placed before 18 March 2016 or the Product is sold second-hand), it will be up to the Customer to prove that the defect existed when the Customer took possession of the Product. In accordance with article L.217-9 of the French Consumer Code:.

"In the event of a lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

Legal guarantee against hidden defects According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee against hidden defects if the defects presented did not appear at the time of purchase, predate the purchase (and therefore do not result from normal wear and tear of the Product, for example), and are sufficiently serious (the defect must either render the Product unfit for the use for which it was intended, or reduce that use to such an extent that the purchaser would not have bought the Product or would not have bought it at such a price if he had known of the defect)..

Complaints, requests for exchange or reimbursement for a non-compliant Product must be made by post or by e-mail to the addresses indicated in the site's legal notices. In the event of non-conformity of a delivered Product, it may be returned to the Seller who will exchange it. If the Product cannot be exchanged (obsolete Product, out of stock, etc.), the Customer will be reimbursed by cheque or bank transfer for the amount of the order.

The costs of the exchange or refund procedure (in particular the cost of returning the Product) shall then be borne by the Seller.

Article 10 - Customer Service

The Site's customer service can be contacted by e-mail at the following address: support@elite-cbd.eu or by post at the address indicated in the legal notice.

Article 11 - Liability

The Vendor may not be held liable for non-performance of the contract entered into due to the occurrence of an event of force majeure. With regard to the Products purchased, the Seller shall not be held liable for any consequential loss, operating loss, loss of profit, damage or expenses that may arise as a result of the Products purchased. The choice and purchase of a Product or Service are the sole responsibility of the Customer.

The total or partial impossibility of using the Products, in particular due to incompatibility of equipment, may not give rise to any compensation, reimbursement or liability on the part of the Vendor, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows withdrawal, in accordance with article L 221-18 et seq. of the French Consumer Code. Customers expressly acknowledge that they use the Site at their own risk and under their sole responsibility. The Site provides the Customer with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambivalences likely to exist.

In any event, the seller may not under any circumstances be held liable for : for any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data, etc., which may result from the use of the Site or, on the contrary, from the impossibility of using it; from malfunction, unavailability of access, incorrect use, incorrect configuration of the Customer's computer, or from the use of a browser that is not widely used by the Customer; from the content of advertisements and other links or external sources accessible by Customers from the Site. The photographs and visuals of the Products presented on the Site are not contractual in nature, and the Vendor may not be held liable if the characteristics of the Products differ from the visuals on the Site or if the latter are incorrect or incomplete.

Article 12 - Intellectual property rights

All elements of this Site belong to the Vendor or to a third party authorised by the Vendor, or are used by the Vendor with the authorisation of their owners. Any reproduction, representation, adaptation of logos, textual, pictorial or video content, without this list being exhaustive, is strictly forbidden and is tantamount to counterfeiting .

Any Customer who is guilty of infringement may have his account deleted without notice or compensation and without this deletion constituting damage to him, without prejudice to any subsequent legal proceedings brought against him by the Vendor or his agent. The trademarks and logos contained on the Site may be registered by the Vendor, or possibly by one of its partners.

Any person proceeding to their representations, reproductions, imbrications, distributions and rebroadcasts incurs the penalties provided for in articles L.713-2 et seq. of the French Intellectual Property Code.

Article 13 - Independence of clauses

If any provision of the GCS is deemed illegal, invalid or for any other reason unenforceable, then that provision shall be deemed severable from the GCS and shall not affect the validity and enforceability of the remaining provisions. These GCS supersede all prior or contemporaneous written or oral agreements.

The GTC are not assignable, transferable or sub-licensable by the Customer.