– Sale and installation of smart greenhouses as offered for sale by the Company;
– Provision of maintenance services related to the smart greenhouses;
– Provision of advice and assistance to Customers
8.2. The Company reserves the right, when the agreed price is not paid on the due date, either to request the execution of the sale or to terminate the Contract by registered letter with acknowledgement of receipt and to retain, as compensation, the deposit paid on the Order.
8.3. In addition, the Company may also decide to suspend the services and delivery of the products until payment of the price agreed between the Parties.
All services and products offered by the Company are subject to the legal guarantee of conformity provided by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the guarantee of hidden defects provided by articles 1641 and 1648, first paragraph, of the Civil Code :
Article L.217-4 of the French Consumer Code: “The seller delivers goods that conform to the contract and is responsible for any defects in conformity existing at the time of delivery.
He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility”.
Article L.217-5 of the French Consumer Code: “The goods conform to the contract:
1° If it is fit for the purpose usually expected of a similar good and, if applicable :
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
– if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;
2° Or if 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 attention of the seller and accepted by the latter.
Article L.217-12 of the French Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods”.
Article 1641 of the Civil Code: “The seller is bound by the warranty for hidden defects in the thing sold
that make it unfit for the purpose for which it was intended, or that so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.
Article 1648 of the Civil Code, first paragraph: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect”.
It is specified for all practical purposes that the Company cannot be held responsible for any malfunction of the products or services related to the use of third-party tools and software over which it has no control.
It is agreed between the Parties that the Product shall be returned to the Company in a normal state of use, taking into account its condition at the beginning of the rental period and the period during which the Product has been rented.
The duration of the rental period is specified at the time of signing the Agreement and may be revised during the rental period by mutual agreement between the Parties.
The Customer shall also insure the Product with an insurance company.
Furthermore, the Client may be liable for any amount related to repairs to be carried out on the Product at the time of its return, which shall be determined by the Company.
Finally, the terms of return will be determined at the end of the rental period by mutual agreement between the Parties.
In addition, the Company is committed to :
These applications are secure and the Company makes the following commitments in this regard:
13.5. Finally, Customers are informed that the Company uses third-party service providers to manage Customer data.
The limited choice of these platforms results from a compromise between their functional aspect and their level of maturity in terms of information security.
Access to these platforms is done internally via a centralized password manager (double security level). The following platforms are used:
SIGFOX BACKEND – SIGFOX message reception
Data used: SIGFOX message, SIGFOX identifier, anonymized name, Client number
MAILCHIMP – Sending mail campaign
Data used: email, name, first name, customer number
Used data: activity rate on the mail campaigns, activity rate on the actions (button activation) TYPEFORM – Online form
Data used: content entered in the form (identifier, answers)
GOOGLE ANALYTICS – ADWORDS – Statistics on the MYFOOD.EU website
In a transversal way, we have technical tools allowing to measure the interaction levels on the site in an anonymized way.
Types of interaction measured: number of visitors, pages visited, bounce rate, source of traffic etc.
By expressly agreeing to this by accepting the present contract, the Client accepts that the Company can send him, at a frequency and in a form determined by the Client, a newsletter that can contain elements related to its activity.
Neither Party shall be liable for its delay or failure to perform its contractual obligations if such delay or failure is due to the occurrence of an event beyond its control, which could not reasonably be foreseen at the time of the conclusion of the Contract and the effects of which cannot be avoided by appropriate measures.
Each Party shall inform the other Party, without delay and by registered letter with acknowledgement of receipt, of the occurrence of such an event when it considers that it is likely to compromise the performance of its contractual obligations.
In the event of the occurrence of such a case of force majeure, the performance of this Contract shall be suspended until the disappearance, extinction or termination of the case of force majeure. However, if the force majeure continues beyond a period of thirty (30) days, the Parties shall meet to discuss a possible modification of the Contract.
The deadlines provided for in this Contract shall be automatically postponed according to the duration of the force majeure event.
The Client acknowledges without reservation that the Company retains ownership of the products delivered until full payment has been made, i.e., until the Company has received all sums due. Thus, in case of recourse to a financing solution, the Client is not the full owner of the Product until full payment of the price.
In the event of non-payment on the due date, the Company reserves the right to take back the delivered goods without further formality. The goods shall then be returned immediately to the Company at the expense and risk of the Client, who shall be obliged to do so, upon request. If the Products delivered by the Company have already been resold by the Client and have not been paid for, the Company shall automatically acquire the Client’s corresponding claim against the successive client. All goods in stock at the Client’s premises shall be presumed to be unpaid goods to the extent of the amount due.
The Company reserves the right to reclaim the delivered goods in accordance with the provisions of the Commercial Code, including in the event of the Client’s receivership or liquidation.
The foregoing stipulations are without prejudice to what is agreed above with respect to the transfer of risks. The Customer shall thus be held solely responsible for all risks of deterioration, loss, partial or total destruction, regardless of the cause of the damage, even if it is a fortuitous event or major force.
The Client undertakes to inform any third party, in particular in the event of seizure, of the fact that the products subject to the reservation of title clause belong to the Company, and to inform the Company immediately of any seizure or similar operation.
