Terms and Conditions

We are pleased to welcome you to the e-commerce website of the company POLLENERGIE.

These general terms and conditions of sale are entered into between:

The Company POLLENERGIE, a SAS (simplified joint-stock company) with a capital of €97,416, whose registered office is located at:

603 route de la Grabère

47450 SAINT HILAIRE DE LUSIGNAN

Duly registered with the RCS (Trade and Companies Register) of AGEN under number 414.697.037, APE Code 158V.

The Company POLLENERGIE is hosted by the Company WYSIWYG, whose registered office is in France, 15 RUE FRANCIS COMBE 95000 CERGY.

Hereinafter referred to as "the Company POLLENERGIE" on the one hand,

And:

Internet users wishing to make a purchase on the website "www.pollenergie.fr" of the Company POLLENERGIE.

Hereinafter referred to as "the CLIENT" on the other hand,

These terms and conditions govern the sale of any product presented on the website "www.pollenergie.fr" belonging to the Company POLLENERGIE.

The parties agree that their relationship will be exclusively governed by this contract. These contractual terms apply to the exclusion of all other conditions.

The items offered for sale on the website "www.pollenergie.fr" may not be subject to any resale or assignment of any kind by their buyer.

The products offered for sale on the website "www.pollenergie.fr" can be purchased in the following countries: Metropolitan France, Albania, Austria, Belarus, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Ukraine, United Kingdom.

For French overseas territories (DOM TOM) and all other countries not listed above, please contact us by phone at +33 (0)5 53 68 11 11 or by email at contact@pollenergie.fr, as fresh products such as pollens and royal jellies are subject to logistical restrictions. The preparation of a quote will then be necessary to agree on a suitable delivery method.

The Company POLLENERGIE reserves the right to modify the website "www.pollenergie.fr" for these territories at any time.

Any order duly validated on the website "www.pollenergie.fr" implies full and unreserved acceptance of these general terms and conditions of sale and, where applicable, of the specific terms and conditions applicable to one or more products or orders. It is specified that the CLIENT may save or print these general terms and conditions of sale, provided that they do not modify them. The general terms and conditions of sale may be subject to modification. In this case, the applicable terms will be those in force on the website "www.pollenergie.fr" on the date of the order.

Article 1 - Purpose of the General Terms and Conditions of Sale

The purpose of these terms and conditions is to define the reciprocal obligations of the parties as well as the various stages of the ordering process.

This contract is formed by the following contractual documents, presented in descending hierarchical order:

• These general terms and conditions of sale,
• The order form.

In the event of any contradiction between the provisions contained in documents of different ranks, the terms of the higher-ranking document shall prevail.

These general terms and conditions of sale come into force on the date the order form is sent.

These general terms and conditions of sale are entered into for the duration necessary for the supply of the purchased goods and services, until the expiration of the warranties.

Article 2 - Items and Products

2.1 - The items appearing on the "www.pollenergie.fr" website are valid as long as they are online and are available while supplies last.

POLLENERGIE Company does not guarantee that products will remain available for sale during any given period.

2.2 - We present the products for sale on our website "www.pollenergie.fr" with the necessary specifications to comply with Article L.111-1 of the French Consumer Code, which provides the potential consumer with the possibility to know the essential characteristics of the products they wish to purchase before placing a final order.

The offered products comply with current French legislation and the standards applicable in France.

2.3 - The products offered for sale on the "www.pollenergie.fr" website are described and presented with the greatest possible accuracy. The choice and purchase of a product are under the sole responsibility of the CLIENT. POLLENERGIE Company cannot be held liable for any direct or indirect damage resulting from the use or improper storage of the products, where the consumer has failed to comply with the instructions indicated in the user and maintenance manuals of the products purchased on the "www.pollenergie.fr" website.

POLLENERGIE Company shall not be held liable for the non-performance of the contract concluded in the event of stock shortage or product unavailability, force majeure, disruption, total or partial strike—notably affecting postal services, means of transport, and/or communications—flood, or fire. POLLENERGIE Company shall incur no liability for any indirect damage under these terms, including loss of business, loss of profit, loss of opportunity, damages, or costs that might arise from purchasing the products.

Hypertext links may direct users to websites other than "www.pollenergie.fr". The latter disclaims all liability in the event that the content of such sites violates current statutory and regulatory provisions.

2.4 - Aristée fresh royal jellies cannot be delivered to French overseas territories (DOM-TOM) or certain foreign countries for reasons of product stability and preservation. For any further information, please contact customer service.

2.5 – Fresh pollens are also subject to special conditions for deliveries to French overseas territories (DOM-TOM). Please check with customer service for any delivery requests.

Article 3- Product Availability

3.1 - The order will be executed no later than fourteen days from the day following the date on which the CLIENT's order was definitively validated (payment method received and order verification procedure completed).

3.2 - In the event that the ordered product is unavailable, the CLIENT will be informed as soon as possible and will have the option to cancel their order. The CLIENT will then have the choice to request a refund of the amounts paid. The refund will be issued no later than THIRTY (30) days from the date of payment. The CLIENT may also request an exchange for a product of equivalent characteristics and price, provided that the company POLLENERGIE is able to deliver it.

3.3 - In the event that an exchange is impossible, the company POLLENERGIE reserves the right to cancel the CLIENT's order and refund the amounts paid to it.

As information regarding product availability is provided by our suppliers, the company POLLENERGIE cannot be held liable for any product unavailability, nor shall it entitle the CLIENT to any damages or compensation whatsoever.

Article 4 - Product Prices, Shipping Costs, and Promotional Offers

4.1 - Prices are displayed in Euros, inclusive of VAT (all taxes included) in black on the product page, and exclusive of shipping costs. Prices may be modified at any time without prior notice; items will be invoiced based on the rates in effect on the day the order is registered.

4.2 - The VAT applied is at the rate applicable in France for the products concerned. If the VAT rate were to change, these modifications could be reflected in the price of the items without the CLIENT being informed beforehand.

4.3 - Shipping cost contribution: shipping fees are indicated on the website before the final validation of the order.

Shipping costs are calculated directly online and displayed immediately on the order form.

Shipments to Metropolitan France, Albania, Austria, Belarus, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Ukraine, United Kingdom.

For deliveries to French Overseas Territories (DOM-TOM) and countries not listed above, please contact customer service directly at +33 (0)5 53 68 11 11 or by email at contact@pollenergie.fr.

Delivery of ordered products is carried out by Colissimo Suivi (La Poste), with or without signature depending on the selected option.

4.4 - Promotional offers are only valid within the limit of the validity period of the offer concerned.

Articles 5 - Order

5.1 - The CLIENT interested in an item on the website "www.pollenergie.fr" follows the process below in order to place their order:

Select the items by choosing the quantity, then open the shopping cart.

Enter the promo code if the Client has one, and enter the delivery country for an estimation of the associated cost.

Validate the shopping cart.

The Client must then log in if they have not already done so, or create an account to proceed with the order.

Select the delivery and billing address.

Select the payment method to complete the order:

• If the Client chooses payment by credit card: enter the card number, expiration date, and security code.
• If the Client wishes to pay by Paypal: log in if the Client already has a Paypal account, or enter their banking details, then follow the standard Paypal procedure.
• If the Client prefers to send a check: they must print the order or write its reference number on the back of the check and mail everything to: Pollenergie - 603 route de la Grabère - 47450 Saint Hilaire de Lusignan. The order will be processed upon receipt of the mail.
• If the Client prefers to pay by bank transfer: they must make the transfer to the following account: 13306 00329 23102658108 30 (IBAN: FR76 1330 6003 2923 1026 5810 830. BIC/Bank Identifier Code: AGRIFRPP833). The order will be processed upon receipt of the transfer.

Please note: read and accept the General Terms and Conditions of Sale to validate the payment step.

5.2 - Validation: the CLIENT definitively and irrevocably validates their order by clicking on "Validate payment". This validation constitutes a sale and irrevocably binds both parties.

5.3 - Order confirmation

The contractual information will be confirmed via email.

POLLENERGIE recommends that the CLIENT keep a paper copy, or a copy on a reliable digital medium, of the data relating to their order.

The CLIENT must ensure the completeness and accuracy of the information provided to POLLENERGIE. The latter cannot be held responsible for any entry errors and the consequences in terms of delay, mistake, or impossibility of delivery. In this context, all costs incurred for re-shipping will be at the CLIENT's expense.

The conclusion of a sales contract will only take place if POLLENERGIE accepts the order. Indeed, POLLENERGIE reserves the right not to record a payment and therefore not to confirm an order in the event of information or situations that do not comply with these terms and conditions.

5.4 - Proof of transaction

The data recorded by POLLENERGIE constitutes proof of all transactions made between POLLENERGIE and its CLIENTS. The data recorded by the payment system constitutes proof of the financial transactions.

Article 6 - Terms of Payment

The CLIENT has the option to pay:

• By credit/debit card directly on the website "www.pollenergie.fr" using the secure E-transactions system of Crédit Agricole d'Aquitaine, or by phone at +33 (0)5 53 68 11 11 through our sales advisors.
• By the Paypal system, via a redirection from the website "www.pollenergie.fr".
• By bank check denominated in Euros, with the check to be sent before the shipment of the order.
• By bank transfer to POLLENERGIE's account.

In case of payment by check, it must be issued by a bank domiciled in metropolitan France or French Overseas Territories (DOM-TOM). Any order paid by check will only be processed upon receipt of the payment instrument. Availability and shipping times shall be recalculated from the date the payment instrument is received.

All payments are cashed before the shipment of the order.

Article 7 - Rules Regarding Payment and the Product Sold

The CUSTOMER guarantees the Company POLLENERGIE that they possess the necessary authorizations to use the payment method selected by them upon validation of the purchase order.

The Company POLLENERGIE reserves the right to suspend any order and any delivery in the event of a refusal of payment authorization by officially accredited organizations, or in the event of non-payment.

The Company POLLENERGIE notably reserves the right to refuse to make a delivery or to honor an order originating from a CUSTOMER who has not fully or partially settled a previous order, or with whom a payment dispute is currently being processed.

The Company POLLENERGIE retains full and entire ownership of the products sold until full collection of all sums due by the CUSTOMER within the framework of their order, including costs and taxes.

The transfer of ownership of a property purchased from the Company POLLENERGIE by the CUSTOMER to a third party will not be assumed by the Company POLLENERGIE. Only the original buyer of this property can claim access to the clauses of these general terms and conditions of sale.

Article 8 - Right of Withdrawal

8.1 The CLIENT has a period of fourteen days to exercise their right of withdrawal, without having to justify their decision. The CLIENT shall only bear the direct costs of returning the goods, as provided for in Article L. 221-23.

8.2 For sales contracts of goods, the period referred to in the first paragraph runs from the day the goods are received by the CLIENT or a third party, other than the carrier, designated by them. The CLIENT shall send back the goods without undue delay and, at the latest, within fourteen days following the communication of their decision to withdraw in accordance with Article L. 221-21. For off-premises contracts, the CLIENT may exercise their right of withdrawal from the conclusion of the contract. In the case of an order covering several goods delivered separately, or in the case of an order of a good consisting of multiple lots or pieces where delivery is staggered over a defined period, the period runs from the receipt of the last good, lot, or piece.

8.3 In accordance with Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time-limits:

The day on which the contract is concluded or the day on which the goods are received is not included in the period referred to in Article L. 221-18;

The period begins to run at the start of the first hour of the first day and ends at the expiration of the last hour of the last day of the period;

If this period expires on a Saturday, a Sunday, or a public holiday, it is extended until the next working day.

8.4 In accordance with Article L221-21 of the French Consumer Code, the CLIENT exercises their right of withdrawal by informing POLLENERGIE of their decision to withdraw by sending, before the expiration of the period provided for in Article L. 221-18, the withdrawal form referred to in Article L. 221-5 or any other unambiguous statement expressing their wish to withdraw. The burden of proof regarding the exercise of the right of withdrawal under the conditions provided for in Article L. 221-21 rests with the CLIENT.

Article 9 - Security of Credit/Debit Card Payments

To ensure payment security, the "www.pollenergie.fr" website and the POLLENERGIE Company use the E-transaction secure payment service from Crédit Agricole d'Aquitaine. This service incorporates the SSL security standard.

Confidential data (the 16-digit card number, the expiration date, as well as the visual cryptogram/CVV) are directly transmitted encrypted to the Société Générale server without passing through the physical media of the POLLENERGIE Company's server.

Once the order is validated, the payment request is routed in real time to the secure remote payment manager of Crédit Agricole d'Aquitaine. The latter sends an authorization request to the credit card network. The remote payment manager then issues an electronic certificate.

Article 10 - Signature and Proof

For any payment by credit card on the website "www.pollenergie.fr", the electronic certificate issued by the remote payment manager shall constitute proof of the amount and date of the transaction, in accordance with the provisions of Articles 1316 et seq. of the Civil Code.

In this regard, the server's date and time shall be deemed authentic between the parties.

In any case, the validation of the order shall constitute a signature and express acceptance of all transactions carried out on the website.

Article 11 - Order Processing Times

Orders are processed from Monday to Thursday inclusive.

Once shipped by us, your order will be delivered within 48 hours in Metropolitan France. Shipments take place from Monday to Thursday.

These delivery times apply to working days, excluding any postal delivery issues.

Article 12 - Delivery Times and Terms of the Order

The delivery of the products ordered by the CLIENT is carried out by Colissimo Suivi (La Poste) or by DPD Predict. Find out more about our delivery methods.

POLLENERGIE is automatically liable to the consumer for the proper execution of the obligations resulting from the distance contract, whether these obligations are to be executed by the professional who concluded this contract or by other service providers, without prejudice to its right of recourse against them. However, POLLENERGIE may exempt itself from all or part of its liability by proving that the non-execution or poor execution of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

For the remainder, both parties will then come together within a period of one month to review the impact of the event and agree on the conditions under which the execution of the contract will be continued.

In the event of force majeure: neither party shall be deemed to have failed in its contractual obligations to the extent that their execution is delayed, hindered, or prevented by a fortuitous event or force majeure. Any irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties, and which cannot be prevented by the latter despite all reasonably possible efforts, shall be considered as fortuitous events or force majeure.

The party affected by such circumstances shall notify the other within TEN (10) business days following the date on which it became aware of them.

Both parties will then come together within a period of one month, unless impossible due to force majeure, to review the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts for more than THREE (3) months, these general terms and conditions may be terminated by the injured party.

In addition to those usually upheld by French Jurisprudence, the following are expressly considered as cases of force majeure or fortuitous events:

• the blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning;
• the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to the CLIENT.

Article 13 - Refunds and Parcel Returns

The CUSTOMER has a period of FIFTEEN (15) clear days from the delivery of their order to return the products to the Company POLLENERGIE for a refund, without penalty, except for the return costs which shall be borne by the CUSTOMER.

The CUSTOMER shall send back or return the goods to the professional without undue delay and, at the latest, within fourteen days following the communication of their decision to withdraw in accordance with Article L. 221-21. The CUSTOMER shall only bear the direct costs of returning the goods.

The consumer's liability may be engaged in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of these goods, in accordance with paragraph 2 of Article L. 221-5.

Processing of returned parcels not delivered by the transport providers: some parcels may not be delivered to the final recipient for the following reasons: Does Not Live at the Address Indicated (NPAI), Unclaimed parcel, refused parcel, storage period exceeded, transport damage, pilferage...

NPAI and UNDELIVERED ADDRESS PROBLEM: these are parcels returned by the delivery provider for the following reason: incomplete or incorrect address.

UNCLAIMED and UNDELIVERED STORAGE PERIOD EXCEEDED: these are parcels that have not been claimed by clients at the pick-up point within the specified timeframe.

REFUSED: these are parcels refused by the client at the time of delivery by the transport provider.

Upon receipt of returns for the reasons "NPAI", "UNDELIVERED ADDRESS PROBLEM", "UNCLAIMED", "UNDELIVERED STORAGE PERIOD EXCEEDED", or "REFUSED", a voucher for the amount of the undamaged items (excluding royal jelly and fresh pollen), minus shipping costs, will be credited to the client account used to place the order within 7 days following receipt of the returned parcel.

Article 14 – Protection of Personal Data

The new European regulation was established and entered into force on May 25, 2018. This is the General Data Protection Regulation (the GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016), which strengthens the rules already in place regarding the collection and use of personal data by an organization.

When processing the order, personal data relating to the CLIENT is collected. This data, classified as personal data, is subject to a new European regulation: the GDPR.

The CLIENT, as an internet consumer, certifies that they have read and understood it.

In accordance with this GDPR, the CLIENT has several rights regarding their information at any time. To learn more, please consult the "Protection of Personal Data" page.

Article 15 - Legal guarantees for the customer

15.1 - POLLENERGIE is required to deliver goods that conform to the contract and is liable for any lack of conformity of the goods under the conditions provided for in articles L 217-4 et seq. of the French Consumer Code. A "lack of conformity" occurs when the goods purchased by the consumer are unfit for the use reasonably expected, do not match the description given by the seller, or do not possess the qualities advertised by the seller.

15.2 - POLLENERGIE undertakes to respect its obligations regarding guarantees attached to the products sold on its Site. In fact, it will be up to the Customer to contact our Customer Service if they believe that the delivered goods have hidden defects. It is understood that the legal warranty against hidden defects must be triggered by the Customer within two (2) years from the discovery of the hidden defect, and the Customer bears the burden of proving the existence of said hidden defect. This guarantee requires three conditions to be met:

• The defect must be hidden;
• The defect must have existed at the time of purchase;
• The defect must render the product unfit for its intended use.

Once the defect is proven, the CUSTOMER has two options:

• they can keep the goods and request a price reduction;
• or conversely, they can return the goods and request a refund of the purchase price and any incurred costs.

Article 16 – Mediation Procedure

In the event of a dispute, the CLIENT has the option to resort to a conventional mediation procedure or any other alternative dispute resolution method.

For a consumer dispute to be reviewed by the mediator, the CLIENT must prove that they have submitted a written complaint to POLLENERGIE's customer service. If this step is not taken, the mediation request will be inadmissible. Therefore, the CLIENT must keep written proof of the steps taken. The CLIENT may refer the matter to the mediator within a maximum period of 1 year from the date of their written complaint to POLLENERGIE. A dispute cannot be reviewed by the mediator if it has previously been reviewed or is currently under review by another mediator or by a court.

In accordance with the provisions of the French Consumer Code regarding the amicable settlement of disputes, you will find below the contact details of the competent mediator to which POLLENERGIE reports:

FEVAD (Fédération du e-commerce et de la vente à distance)

60 Rue La Boétie – 75008 Paris

https://www.mediateurfevad.fr

In accordance with Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, you will also find the electronic link to the Online Dispute Resolution (ODR) platform.

Article 17 - Liability

For all stages of access to the website "www.pollenergie.fr", consulting, filling out forms, placing orders, delivering items, or any other service, the Company POLLENERGIE is only bound by an obligation of means. Consequently, the Company POLLENERGIE shall not be held liable for any inconvenience or damage inherent to the use of the Internet network and completely external to the diligence and precautions taken by the Company POLLENERGIE.

In particular, the Company POLLENERGIE shall not be held liable for any disruption in the provision of service, or any external intrusion or presence of a computer virus.

Article 18 - Election of Domicile

The Company POLLENERGIE hereby elects domicile at the address indicated at the head of these general terms and conditions of sale.

Article 19 - Intellectual Property and Competition

All elements of the "www.pollenergie.fr" website, whether visual or based on underlying technology, are protected by copyright, trademarks, or patents. They are the exclusive property of the company POLLENERGIE.

Any user who has a personal website and wishes to place, for personal use, a simple link directly redirecting to the homepage of the "www.pollenergie.fr" website on their own site, must obtain prior authorization from the company POLLENERGIE. In this case, such an agreement shall not constitute an implicit affiliation agreement. In any event, any link, even if tacitly authorized, must be removed upon simple request from the company POLLENERGIE.

Article 20 - Disputes

The language of these general terms and conditions of sale is French.

The CLIENT may bring the matter before either one of the jurisdictions having territorial jurisdiction under the Code of Civil Procedure, or the jurisdiction of the place where they resided at the time of the conclusion of the contract or the occurrence of the harmful event.