Piments.Zone has set up a marketplace on the website https://piments.zone (hereinafter referred to as the “Site”), enabling adult and non-professional sellers (hereinafter referred to as “Sellers”), after registration and selection, to enter into contact with private buyers (hereinafter referred to as “Buyers”), also registered on the Site, for the purpose of selling chilli pepper-type plants (hereinafter referred to as the “Products”) at firm prices (hereinafter referred to as the “Service”). The Products are sold strictly for use in a non-professional activity.
Products have been grown by their owners and are offered either as seeds, cuttings, whole plants, fresh or dried fruit.
In all cases, Seller or Buyer, by registering, you agree without restriction and without reservation to submit to the terms of use of the Stripe service set forth on the Stripe site[Terms of Use of the Stripe Service] by using this means of payment.
Buyer
In order to use the Service, the Buyer must agree to be bound by these Buyer General Terms and Conditions of Use (hereinafter the “Buyer GTCU”) without restriction or reservation. This acceptance takes the form of a validation click when registering on the Service.
These Buyer C.G.U. define the conditions under which Piments.Zone offers its tools to manage the Purchase of Products by Buyers from Sellers.
The Service consists of a set of tools enabling Buyers to register on the Site, to establish contact with Sellers in order to place orders for Products, to pay the price of Products, and to confirm receipt of Products.
It also includes a rating system enabling Buyers to assess the quality of their relations with Sellers.
Transactions using the Service for the purpose of purchasing Products are concluded directly between the Buyer and the Seller. Piments.Zone is in no way a reseller of the Products offered by the Sellers through the Service. Therefore, Products purchased via the Service cannot be returned or exchanged by Piments.Zone.
In the event of non-compliance with these Buyer Terms and Conditions of Use, Piments.Zone reserves the right to temporarily or permanently interrupt access to the Service for the Buyer concerned.
Each Buyer undertakes to conclude purchases in good faith.
Professional Buyers are not authorized to use the Service. Professional Buyers who carry out transactions with private sellers are subject to specific legal provisions.
The Service is not intended for minors. For minors, a parent or guardian (of legal age) must register to use the Services and supervise the minor’s use of the Services.
Access to the Service requires acceptance of these Buyer Terms and Conditions in addition to opening a free Marketplace Buyer account. You must provide your identification and contact details. By opening this account, You agree to provide only accurate information, and to inform Piments.Zone of any changes.
You must use the login and password created when you opened your account to use the Service. You undertake to keep them safe and not to divulge them to anyone. You will be solely responsible for accessing the Service using your login and password, unless there is evidence of fraudulent use that is not attributable to you. In the event of loss or fraudulent use of your login and/or password, You agree to immediately notify the Site by e-mail to webmaster[arobase]piments.zone.
Opening an account and using the Service are free of charge (excluding any connection costs), with no obligation to purchase from the Site. Only the purchase of Products from Sellers is subject to payment, under the conditions set out in the Buyer and Seller GCU.
Any claim concerning the sale of a Product by a Seller to a Buyer must be made by the Buyer within 15 days of the date of receipt of the Product. This date of receipt of the Product is defined as the delivery date indicated on the carrier’s delivery note.
In the event of a complaint concerning a Product sold by the Seller, the Buyer may contact the Seller by sending a message directly to our Site. The Vendor is then responsible for resolving the Buyer’s complaint and will use all means at its disposal to respond.
If a complaint is not resolved within 15 working days from receipt of the complaint, the Buyer will return the purchased Product at his own expense to the Seller and will be reimbursed for the purchase price less shipping costs.
In accordance with the legal provisions in force, there is no retraction period for purchases between private individuals.
If a Buyer does not contact Piments.Zone within fifteen (15) days of receipt of a Product, the Buyer will be deemed to have accepted the Product and will not be entitled to any compensation.
Piments.Zone cannot guarantee that the Seller’s Product will satisfy the Buyer. Similarly, Piments.Zone cannot guarantee to the Seller that the Product will not be returned or that the sale will not be cancelled by the Buyer.
Piments.Zone does not provide any product return service and does not cover return shipping costs.
Any claim for reimbursement made directly to Stripe after these 15 days following the delivery date provided by the carrier’s delivery slip will result in a total banishment from our Site for non-compliance with our GCU.
The information and data concerning you are processed by Piments.Zone and are necessary for the management of your account and your access to the Service. Information required for delivery will be transferred to the Seller for this purpose only.
In accordance with the French Data Protection Act of January 6, 1978, the Buyer has the right to oppose, access, rectify and delete any personal data concerning him or her, under the conditions provided for by law. To exercise this right, the Buyer must write to webmaster[arobase]piments.zone or by post to Olivier Capron 9 Rue Oberkampf, 91100 Corbeil-Essonnes, mentioning his/her surname, first name, e-mail address and Buyer ID. In accordance with current regulations, any such request must be accompanied by a photocopy of an identity document bearing the applicant’s signature. A reply will be sent within 2 months of receipt of the request.
Piments.Zone uses cookies. Any person wishing to access the site must unconditionally accept the use of these cookies.
All texts, comments, works, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright and intellectual property law, for the entire duration of the protection of these rights and for the entire world. As such, and in accordance with the provisions of the French Intellectual Property Code, only private use is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code. Any reproduction, representation, modification or total or partial adaptation of the Site and/or of all or part of the elements found on the Site or incorporated therein is strictly forbidden.
The company names, trademarks and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and requires the prior written authorization of the trademark owner.
Certain Products are subject to personal and specific rights of use regulating copying, public distribution, rental, etc. You must respect the contractual conditions applicable to these Products. You must respect the contractual conditions applicable to these Products and Piments.Zone cannot be held responsible for any use that may be made of these Products in this context.
Piments.Zone’s liability towards the Buyer may only be engaged for facts which are directly attributable to it and which cause it prejudice directly linked to these facts. It cannot be held liable for indirect prejudice. Piments.Zone shall not be held liable for any misuse of the Service by the Buyer or for any fault on the Buyer’s part. Piments.Zone shall not be held liable for facts attributable to a third party to the Service.
In addition, in accordance with article 6-I, 2 and 3 of law no. 2004-575 of June 21, 2004 for confidence in the digital economy, Piments.Zone cannot be held liable for content made available on the Site by Buyers or Sellers, in particular with regard to the description of Products or the assessments that Buyers make of Sellers, unless it does not promptly make such content inaccessible after having been informed of its illegality under the conditions provided for by this law.
Finally, Piments.Zone declines all responsibility with regard to sales concluded by Buyers through its Service with Sellers, to which it remains unrelated. Any complaint relating to the comments appearing on the description of the Products or to the deliveries of the Products will be redirected to the designated Seller, who will assume full and sole responsibility in this respect.
The Buyer is solely responsible for the use he makes of the Service, in particular the assessments he makes on the Site, and undertakes to indemnify and compensate Piments.Zone at first request for any damage, loss, loss of profit, that Piments.Zone may suffer if its liability is engaged by a third party, due to an action related to this use of the Service by the Buyer.
If one or more stipulations of these Buyer GCU are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other stipulations will retain all their force and scope.
These GCU are governed by French law. Any dispute relating to their interpretation and/or execution shall be subject to French jurisdiction.
Sales
In order to use the Service, the Seller agrees to be bound by these Seller Terms and Conditions (hereinafter the “Seller Terms and Conditions”) without reservation or restriction. This acceptance takes the form of a click to register on the Service as a Seller and create a Seller account.
Piments.Zone reserves the right to modify the present Terms and Conditions of Sale. Any modification will take effect immediately for online Products upon notification to the Seller. They will not apply to transactions in progress at the time of their entry into force.
By logging into their Piments.Zone account, Sellers can establish contact with Buyers in order to offer them Products for sale, list and describe these Products, accept orders placed by Buyers, collect the price of Products purchased (less Piments.Zone’s commission) and manage after-sales service for Products sold.
In the event of non-compliance with these Vendor Terms and Conditions, Piments.Zone reserves the right to temporarily or permanently interrupt access to the Service for the Vendor concerned, by suspending or terminating these Terms and Conditions under the conditions set out in article 7.
Transactions carried out via the Service for the purposes of selling Products are concluded directly between the Buyer and the Seller, on the one hand, and the Buyer and Piments.Zone on the other (for the commission part).
Piments.Zone is in no way a reseller of the Products offered by the Sellers through the Service.
Professional Sellers are not authorized to use the Service. Professional Sellers who carry out transactions with consumers are subject to specific legal provisions.
Access to the Service requires the opening of a free Marketplace Seller account, in addition to acceptance of these Seller Terms and Conditions. You must provide your identification and contact details. By opening this account, You agree to provide only accurate information, and to inform Piments.Zone of any changes.
You must use the username and password created when you opened your account to use the Service. You undertake to keep them safe and not to divulge them to anyone. You shall be solely responsible for accessing the Service using your login and password, unless there is evidence of fraudulent use that is not attributable to you. In the event of loss or fraudulent use of your login and/or password, You agree to immediately notify the Site by e-mail to webmaster[arobase]piments.zone.
The Vendor agrees not to use pseudonyms, visuals or trade names, to make comments or messages that are contrary to public order or insulting, that infringe the rights of persons or the intellectual property rights of third parties and the law. In the event of failure to do so, Piments.Zone reserves the right to temporarily or permanently interrupt access to the Service by the Vendor concerned, by suspending the present contract under the conditions set out in article 7. The Vendor undertakes to use its best endeavors to meet its obligations by delivering a quality service to the Buyer. It undertakes to comply with the legislation, laws and regulations applicable to the Products it sells on the Site.
It undertakes to reply to emails from Piments.Zone and Buyers within 5 working days of receipt.
The Seller guarantees that it is the owner of the Products or that it has the rights to sell them. The Seller will not sell counterfeit Products within the meaning of the French Intellectual Property Code or any Products regulated by virtue of legislative provisions. The Seller is solely responsible for the Products offered for sale on the Service. The Seller guarantees that they do not contravene any laws, standards or regulations in force, and that they do not infringe the rights of third parties.
On the Product description page on the Site, the Seller undertakes to act in good faith. It is responsible for the information contained therein and undertakes to ensure that it is true and does not mislead Buyers as to the characteristics of the Product, the associated guarantees, or its price or condition. The Seller communicates to Buyers all information concerning the essential characteristics of the Product.
The Vendor undertakes to ensure that the illustrations provided in the description of the Products it offers conform to the Products thus illustrated and respect the rights of third parties, and that they do not infringe public order or morality. He guarantees that he has the rights linked to these illustrations, which allow him to use them to present the Products.
The price of the Products is freely defined by the Vendor. This price must be mentioned on the Site inclusive of all taxes and charges (VAT, eco-tax, packaging costs, etc.), not including delivery charges, which we add to the price of the order when it is validated by the Buyer and which depend on the Buyer’s delivery address.
Sales of Products offered by the Vendor on the Site are subject to a sales contract concluded between the Vendor and the Buyer. All Products offered for sale by the Seller must be available in stock in order to be dispatched as quickly as possible. Should this not be the case, the Seller undertakes to remove the online advertisement of the out-of-stock Product or to specify the out-of-stock condition in the Product’s characteristics. Piments.Zone shall not be held liable for any Products on the site being out of stock.
When the Seller is unavailable, he must suspend the display of his products by using the “Holidays” option in his account.
When a customer purchases a Product, the Vendor is notified by email of this on the email used to create the customer’s account. This email contains the Buyer’s contact details, the contents of the order, the delivery charges and the method of payment used to pay for the order. The sums contained in this email do not stipulate Piments.Zone’s commission but a sum representing the Vendor’s share plus Piments.Zone’s commission.
This information is also available in the Seller’s Control Panel, in his personal space on the Site.
The Seller undertakes to dispatch the Product(s) within 5 working days from the date of validation if they are in stock, or under the conditions defined in the Product description if he does not have permanent stocks.
The Seller will necessarily respect the delivery method chosen by the Buyer at the time of ordering, these available delivery methods being defined by the Seller at the time of defining the Product. With regard to shipping costs, the Sellers are free to set their own shipping rates according to the destination countries available for delivery. Customs charges are not stipulated on Piments.Zone and are the responsibility of the Buyer.
This shipping schedule is filled in by the Seller when the Product is put online.
The Product shall be packaged in such a way as to minimize the risk of damage in transit. The Product is sent at the Seller’s risk and expense.
The parcel must contain the products ordered, labelled in such a way as to leave no doubt as to the identification of each product.
In order to guarantee the smooth continuation of the Transaction and any potential claims, you undertake to keep all shipping documents or carrier’s bills relating to orders received on the Site for a period of one year. These documents may be requested in the event of a dispute.
Any claim concerning the sale of a Product by a Seller to a Buyer must be made within 30 days of the purchase of the Product or within 15 days of delivery if the package or letter is tracked with a tracking number.
In the event of a complaint concerning a Product sold by the Vendor, the Buyer may contact the Vendor via the information contained on the Vendor’s description sheet. The Seller is then responsible for resolving the Buyer’s complaint and will use all means in its possession to respond.
If a complaint is not resolved within 30 working days from receipt of the complaint, the Buyer will return the purchased Product at his own expense to the Seller and will be reimbursed for the purchase price less shipping costs.
In accordance with the legal provisions in force, there is no retraction period for purchases between private individuals.
If a Seller exceeds the 10% complaint threshold on all its sales, Piments.Zone may suspend or terminate these Seller TOU, at its discretion, and by informing the Seller.
The principle of operation between the Site and the Seller is as follows: Each time an order is received and paid for by a Buyer, a commission of 10% of the amount of the Product (excluding shipping costs) is paid to Piments.Zone: shipping costs collected on a Seller’s product will be returned to the Seller in full. An example of a transaction is available in chapter 5.3.
It is necessary to have a Stripe account and an email address associated with this Stripe account to accept payments from Buyers, also through Stripe.
The transfer of funds takes place immediately upon payment by the Buyer and under Stripe’s responsibility.
All prices mentioned on the Piments.Zone website are in Euro symbolized with the € character.
The maximum sales amount per month is 150 euros. Beyond this amount, the account will be blocked until the beginning of the following month.
For any payment via Stripe, the Seller immediately receives the payment from the Buyer, from which Piments.Zone’s commission is automatically deducted, deposited on Piments.Zone’s Stripe account. As both parties receive funds for each transaction, the Sellers and Piments.Zone are liable for Stripe taxes, in proportion to the amount paid to them. This mechanism uses Stripe Connect.
- Product price : 39,00€
- French VAT: zero
- Shipping : free
Price paid by the customer : Price + free delivery in France: €39.00
Piments.Zone’s 10% commission: 10% * Price = 0.1 * 39.00 = 3.90 euros
Seller’s share: Price paid by the customer – Piments.Zone commission: €39.00 – €3.90 = €35.10
Stripe will deduct a commission from each of the amounts, Commission and Seller’s Share. Please refer to Stripe’s Terms and Conditions for relevant information.
If the Buyer does not validate receipt of the Product and does not contest this receipt within 30 days of the order date, Piments.Zone considers that it has been received.
On the Site, a rating tool allows Buyers to evaluate the quality of Sellers. This evaluation takes place after the Buyer or Piments.Zone has validated receipt of the product. The aim of this mechanism is to enable future buyers to identify the most reliable Sellers.
The rating given ranges from 1 to 5, with 1 being the worst rating and 5 the best. This rating is accompanied by a free message at the Buyer’s discretion.
The present Conditions are concluded for an indefinite period. The Vendor may therefore terminate them at any time without justification by giving one month’s notice.
If these obligations are not respected by the Seller, Piments.Zone will send a request for compliance. If this request does not provoke any major and positive action on the part of the Seller, for a period of 15 days, this Contract is then automatically terminated. This termination takes the form of a registered letter with acknowledgement of receipt.
If Piments.Zone deems that these breaches are too frequent or too serious, (counterfeiting, inappropriate or insulting language, fraudulent behavior…), the present Conditions may be terminated at any time, without notice and without any consideration whatsoever being required by the Seller in question.
Data relating to any natural person (Vendors) is stored and processed by Piments.Zone; unless otherwise stated, it is essential for the management of the Vendor’s account and use of the Service. This data is kept in order to comply with the legal and regulatory obligations incumbent upon Piments.Zone, as well as to enable Piments.Zone to improve the services offered to users of the Site, as well as the information sent to the Seller. The Seller may receive emails related to the Service from Piments.Zone.
In accordance with the French Data Protection Act of January 6, 1978, the Seller has the right to oppose, access, rectify and delete personal data concerning him/her, under the conditions provided for by law. To exercise this right, the Vendor must write online to webmaster[arobase]piments.zone or by post to Olivier Capron 9 Rue Oberkampf 91100 Corbeil-Essonnes, stating his or her surname, first name, e-mail address and Vendor ID. In accordance with current regulations, any such request must be accompanied by a photocopy of an identity document bearing the applicant’s signature. A reply will be sent within 2 months of receipt of the request.
Piments.Zone uses cookies. Any person wishing to access the site must unconditionally accept the use of these cookies.
The Buyer’s personal data provided to the Seller by Piments.Zone shall only be used by the Seller for the purpose of fulfilling the Buyer’s order and delivery of the Product, as well as the legal obligations related to such order.
Once the delivery has been validated by the Buyer (or Piments.Zone) and the sale is closed, the Seller undertakes not to use, sell, rent, resell or copy any of the Buyer’s personal information.
To avoid any problem of inappropriate behavior by the Seller or fraud, Piments.Zone may analyze the Seller’s personal data collected on the site. This operation makes it possible to determine the level of trust that can be placed in the Seller’s account.
All information transmitted on the site is stored by Piments.Zone in France and may be used as evidence in the event of non-compliance with these conditions.
Depending on the results of the analyses carried out on the Seller’s account (whether at the time of registration or during nominal use of the site), Piments.Zone may take ad-hoc measures: refusal of the Seller’s registration, temporary blocking or complete closure of the account.
A Vendor Problem File has been set up, making it possible to reference the various incidents.
There is officially no obligation to mediate in a commercial transaction between private individuals. However, Piments.Zone will do its utmost to settle any dispute between the Seller and the Buyer.
The Seller guarantees and indemnifies Piments.Zone at first request against any damage suffered by Piments.Zone and against any liability action that may be brought against Piments.Zone due to the violation by the Seller of any right whatsoever of a third party, including a Buyer, whether this damage results from the sale of Products, from the use made by the Seller of the Service, or from any other fact attributable to the Seller. Piments.Zone’s liability towards the Vendor may only be incurred for events directly attributable to the Vendor, and is in any event limited to the amount corresponding to orders placed in the previous month. Piments.Zone cannot be held liable for indirect prejudice, in particular loss of opportunity to sell Products in the event of unavailability of the Service. Neither can Piments.Zone be held liable for any misuse of the Service by the Seller.
Piments.Zone declines all responsibility for sales concluded between Sellers and Buyers through its Service. Any claim relating to the Products (description, delivery, conditions of use, etc.) brought to the attention of Piments.Zone will be forwarded to the Seller concerned, who will assume full and sole responsibility.
The company names and trademarks reproduced are protected under trademark law. The reproduction or representation of all or part of any of the aforementioned signs is strictly forbidden and requires the prior written authorization of the trademark owner.
These GCU are governed by French law.
Any dispute relating to their interpretation and/or execution shall be subject to French jurisdiction.
If one or more stipulations of these GCU Seller are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other stipulations will retain their full force and scope.
