CVG Consommateur - France Morilles

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TERMS OF SALES GENERAL PUBLIC LICENSE (Article 6bis) AND USE OF THE SITE (CONSUMERS as defined herein)

BETWEEN :

- Any natural or legal person wishing to acquire one or more products offered for sale by the company France Morilles or to be a candidate for the latter's licenses, hereinafter referred to as "the Customer",

Firstly,

AND :

- The company France Morilles, a simplified joint-stock company, with a capital of €797,783, whose head office is located at 61, rue du château d'eau 33000 Bordeaux, registered with the RCS of BORDEAUX, under number 533 922 597, ci - after named the "Seller",

On the other hand,

Hereinafter together, “the Parties”.

No special condition can, except formal and written acceptance by France Morilles, prevail over these general conditions.

Any contrary clause put forward by the Customer will therefore, in the absence of express acceptance, be unenforceable against the Seller.

Article 1 - Preamble

France Morilles specializes in research, morel cultivation processes and has as its activity the sale of White Seedlings of morel-type mushrooms (morchella elata) and the sale of process licenses for the said culture to professionals and individuals (ci -after “the Product”). France Morilles can also Order cultivation materials for the Customer (see the section of the site "cultivation materials") and provide training on request and prior estimate (Section "Summaries of the obligations of France Morilles and Licensees - Optional training" ).

The Seller markets the aforementioned products through the site https://francemorilles.com/en/ (in all of these conditions "the Site"). The list of products offered for sale online by the Seller can be consulted on the aforementioned site.

After having consulted the prerequisites, downloaded and read the confidentiality agreement (Section "Download the prerequisites") which are considered as read and accepted, in the event of creation of an account, Application, Order and/or payment of said Order, having read the warnings related to the vagaries of this culture, to the headings designated under these terms, which is essential, the Customer has shown interest in applying for a license application, by acquiring the Product(s) proposed by the Seller and the Parties have agreed to set out the terms and conditions under which each Product may be acquired by the Customer, within the framework of the prerequisites, and the conditions of the texts, either (i) the professional experimental license, either (ii) the professional operating license, or (iii) the general public experimental license, and/or (iv) an Order.

The Parties agree that their relations will be governed exclusively by the Contract and any application and/or license signed between the Parties proposed by the Seller, excluding any indication previously available on the Site, except those referred to in these conditions.

Concerning professionals, the General Conditions of Sale:

- constitute the sole basis of commercial negotiation in accordance with article L.441-6 C.com;

- are communicated spontaneously before June 30 at the latest of year n-1 or 2 months before the start of the marketing period (for special cycles) according to article L.441-7, I, al.7 of the C.com.

The Seller reserves the right to modify the General Conditions of Sale at any time by publishing a new version on the Site. The general conditions of sale are those in force on the date of validation of the Order and not those of the Application. The Parties agree that the photos and videos of the Products for sale on the Site have no contractual value but are taken from cultures carried out by the Seller and/or its experimental licensees.

For preliminary and informative purposes before any Application and/or Order:

The Customer hereby acknowledges having been clearly informed, prior to any Application and/or Order:

- That the essential characteristics of the Products and/or licenses, taking into account the communication medium used and the Products and/or licenses concerned, have been communicated to him by going to the sections concerning them;

- That the prices of the Products and/or licenses have been brought to its attention;

- The date and/or deadline by which the Seller undertakes to deliver the Products or to execute the licenses offered;

- Information relating to the Seller, its postal, telephone and electronic contact details and its activities, as well as, if applicable, information relating to the legal guarantees described herein, to the functionalities of the digital content and, where applicable , its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.

Article 2 - Purpose

The purpose of the Contract is to define the terms and conditions of the Online Sale of the Products offered for sale by the Seller to the Customer. The legal notices stipulate the conditions of use and the mandatory legal stipulations.

Article 3 - Definitions

The terms and expressions referred to in the General Conditions of Sale mean, when preceded by a capital letter, for the purposes of the interpretation and execution of these:

" Product " : all goods offered for sale on the Site, namely one or more pots of seedlings or cultivation licenses or other related services;

" Application " : Application for any license offered by the Seller;

" Order " : request for Products made by the Customer to the Seller;

" General Conditions of Sale " ou " GCS " : the general conditions of sale and use of the Site which are the subject of these presents;

" Contract " : this deed, including its preamble and its annexes as well as any amendment, substitution, extension or renewal made hereunder by virtue of the agreement of the Parties;

" Delivery Time " : period between the date of Validation of the Order and the date of Delivery of the Order to the Customer;

" Delivery Costs " : cost of the costs incurred by the Seller to deliver the Order to the Delivery address indicated by the Customer;

" Delivery " : shipment of the Product to the Customer by the Seller;

" Delivery Method " : refers to any standard or express delivery method available on the Site at the time of the Order;

" Price " : the unit value of the Product and/or of the license granted; this value includes all taxes and excludes Delivery Charges;

" Total Price " : the total amount of the cumulative Prices of the Products which are the subject of the Order; this amount includes all taxes on the date of the Order, the price excluding tax being indicated;

" All-Inclusive Price " : the Total Price to which is added the price of the Delivery Costs; this amount is understood to mean, on the date of the Order, all taxes included, the price excluding tax being indicated;

" Site " : Online Sales site at the address "https://francemorilles.com/en/" and/or any address that may replace it, used by the Seller for the marketing of its Products;

" Territory " : has the meaning given to this term in Article 4;

" Order validation " : has the meaning given in Article 10;

" Online sale " or " Sale " : marketing of the Products, including the license, of the Seller via the Site;

References to articles are references to articles of the Contract, unless otherwise provided.

Any reference to the singular includes the plural and vice versa.

Any reference to one gender includes the other gender.

Article 4 - Scope and opposability

The General Conditions of Sale are intended on the one hand for consumers, within the meaning given by law and case law, (any natural person who acts for purposes that do not fall within the scope of his commercial, industrial , artisanal or liberal, within the meaning of the Consumer Code, preamble article of Book 1) and on the other hand professionals.

In accordance with Articles L. 111-1 and L. 111-3 of the Consumer Code, the Customer acknowledges that the essential characteristics and prices of the Products sold electronically are available on the Site.

Furthermore, the Customer acknowledges having received the information provided for in Articles L. 121-8 and L. 121-19 of the Consumer Code, before and after the conclusion of the Sale and particularly by means of the General Conditions of Sale.

The Seller reserves the right to adapt or modify the General Conditions of Sale at any time. The General Terms and Conditions of Sale applicable to any Application and/or all Sales of Products by the Seller made through the Site are those in force on the latter on the date of Validation of the Order by the Customer.

In the event of an Application, the Customer is invited to check that when placing the Order, the General Conditions of Sale in force are the same as those he consulted when registering for the Application.

The Customer is therefore invited to consult the Site regularly to be aware of the General Conditions of Sale and the texts of the Site to which they refer.

The Customer declares to have read the General Conditions of Sale before the Validation of the Order within the meaning of Article 5, and to accept them. Each Validation of the Order therefore implies acceptance without restriction or reservation of the General Conditions of Sale, once the Customer has ticked the box “I accept the General Conditions of Sale”. The General Conditions of Sale are applicable for Orders made for Delivery in Metropolitan France (the "Territory").

Article 5 - Entry into force and Duration

The Contract comes into force on the date of Validation of the Order as defined in Article 10.

The Contract is concluded for the duration necessary for the supply of the Products, until the expiry of the guarantees and obligations due by the Seller. The duration of the licenses is mentioned in the extracts of the license in Appendix 1 hereto, for professionals and in article 6bis for Consumers.

Article 6 - Intellectual Property

6.1 The Product is the result of constant analysis and research work carried out by highly qualified technical personnel.

6.2 Through this Contract, the Seller only sells the Customer a personal and non-transferable right of use, in return for payment of the full all-inclusive Price appearing on the Order form and for the duration indicated therein.

6.3 The Seller has remained the owner and remains the holder of the intellectual property rights, trade secrets, know-how, business secrets, and all intangible and operating rights of the Product, the latter operating according to the description communicated to the Client, particularly via the Cahier de Culture for licensees and via the user manual for consumers.

6.4 The Customer acknowledges the intellectual and intangible property rights of the Seller on its Products as well as the secrecy of the process, the know-how and the business secrecy brought to its attention.

6.5 These rights protect the Product and its accessories, namely the Website as presented.

The Customer acknowledges that each Product is offered for sale and/or licensed by the Seller solely for personal use to the exclusion of any reproduction, transmission, assignment, modifications, adaptations, decompilation, analysis, transmission to other persons. , sale, rental, loan, in any form whatsoever, directly or indirectly. He undertakes not to assign his right of use, partially or totally, in any way whatsoever, directly or indirectly and not to transmit all or part of the rights granted to him by the Contract or the methods referred to in the license or transmitted during the execution of the license contract(s) referred to above, not to disclose it, publish it, make it available in any way whatsoever, to any other third party hereto , either directly or indirectly.

Article 7 - Computer requirements

7.1 The Site offering the Products for Sale and/or the Application offer has been designed and prepared to operate with the following minimum technical configurations which are the responsibility of the Customer:

     Internet access (access cost borne by the Customer)
     A web browser version Firefox 3.0 or above or Internet Explorer version 7
     The activation in these browsers of the execution of JavaScript and the recording of cookies

The Customer must update the various browsers according to their registers.

7.2 France Morilles declines all responsibility for any malfunction of the Site, given the vagaries of the Web network.

Article 8 - Characteristics of the Products

The essential characteristics (in particular: name, price, quantity, quality, particularities) indicated in the relevant sections of each Product, are detailed on the Site before the Order is taken and the Customer acknowledges having read them and accepting them without reservation by placing his Ordered.

Submissions to Applications are accompanied by the prerequisites, and the Products are accompanied by a user manual or a license, downloadable after payment of the Order (Appendix 1), of which the Customer has read and that he undertakes to scrupulously respect.

For professionals, the documents allowing cultivation according to the seller's process are provided after knowledge and acceptance of the elements requested in the "How to register" section, acceptance of their application and payment of the Order.

Warning: The Vendor's morel seedling spawn is a living product with a limited shelf life and limited fruiting capacity. It is therefore nature that dictates its laws and its rhythm. The Seller must be able to know and determine in advance, from September 30 of each year, the quantities of seedlings that he must produce at the right time, according to the rhythm of nature. This is why the Customer is asked to respect the imposed schedule and the deadlines of September 15 for application files and September 30 for the last payments and license registrations.

With regard to the Consumer Customer within the meaning of the Consumer Code benefiting from a license or placing an Order for the general public:

The Order involves either (i) the communication by the Seller to the Customer of one of the three operating licenses, as chosen by the Customer and agreed with the Seller, under the terms of a selection, by the Seller, of Customers license applicants; or for the Consumer (ii) the communication of the instructions for use.

Warning: Each agricultural crop presents a risk of poor harvest due to various risk factors that exist from the transport of our products, the rapid storage at a licensee or a Consumer, when they are not yet opened until the sowing methods, cultivation and harvesting of morels from the seedlings that we deliver. This risk of poor harvest therefore also applies to growing morel seedlings. In particular, the yields of the spawn of morel seedlings of which we are aware are a compilation of data provided by various experimental licensees. Yields, like the quality of the morel seedlings that we ship and the morels obtained, depend mainly on compliance with the culture book or the instructions for use, as the case may be, that we make available to you, on the climatic conditions, or even on the pests encountered. There are a number of other factors as to the yield and appearance of the morels in the end. Consequently, it is impossible for FRANCE MORILLES to guarantee a yield of fruiting or an efficiency of fruiting, which is the case for any spawn of mushroom seedlings which is not accompanied by any guarantee. Consequently, for any license holder, the cultivation of morel seedlings, being elaborate and at risk, must be considered as a precise, tedious and supplementary activity, an additional income, when you start the cultivation of seedlings. of morels for the first time with a professional experimental license. For the Consumer, benefiting from a general public license, it is the same.

Warning: THE CULTURE OF MORELS IS A DEMANDING AND SENSITIVE CULTURE. EVERY CROP IS SUBJECT TO CLIMATE AND PREDATION RISKS BEYOND SELLER'S CONTROL. The cultivation of morels is primarily aimed at agricultural professionals and an informed and experienced public. It requires adequate equipment and adequate care.

The Seller has decided to sell Products intended for individuals, in order to satisfy the many requests, but this does not include the cultivation monitoring offered for licenses.

By taking Products as an individual, the latter makes the choice to make his own experience of growing morels, in complete freedom, respecting the instructions for use which will appear in Appendix 1 of the GTC made available on the site called " General Public” or said “Individuals” of the Seller, which is provided after having downloaded the culture prerequisites, before payment of the Order.

With regard to the Professional Client:

The Order involves the communication by the Seller to the Customer of the text of the experimental or operating license and includes cultivation monitoring on the basis of the exact information provided by the Customer to the Seller, the main extracts of which can be consulted in the annexes. to the Contract below.

Article 9 - Price

In return for the purchase of the Product (and/or the license), the Customer undertakes to pay the price set in the Order form. This Price, indicated on the Order form before placing the final Order, means a price in Euros, all taxes included (TTC), transport costs and any additional costs included. However, they do not include the access costs inherent in the use of the Site which remain the responsibility of the Customer, or advice or training, which are subject to additional invoicing.

The price of our products is subject to fluctuations in commodity market prices.

The price of our products is reassessed and readjusted each year. This annual reassessment is calculated from the national consumer inflation rate index given by INSEE.

The Price indicated on the Site (pot of white seedlings + license) does not include the cost of delivery of white morel seedlings.

Delivery costs include handling and packaging costs as well as postage costs. Handling charges are fixed, while freight charges vary according to the total weight of the shipment. It is advisable to group purchases into a single Order. It is not possible to combine two distinct Orders and the shipping costs will apply to each of them. These costs are calculated in the Order form according to the quantity purchased, the place and the delivery method.

All shipping and return costs are the responsibility of the Customer.

Article 10 – Application, Order of Products and/or license and Stages of Conclusion of the Online Sale

10.0 False Identity, Fanciful Identity, Impersonation

By filling in the contact files and/or by opening a Customer account, the latter accepts that his I.P. address be recorded to fight against any access to the Site under a false identity, a fanciful identity or a usurped identity and to allow the Seller to report such acts and/or take action against persons committing such acts.

Consequently, any access to the prerequisites or other content, carried out under false identity, fanciful identity or identity theft, is considered illicit and causing serious damage to the Seller, particularly due to the violation of business secrecy and the confidentiality agreement and the Seller's investments to acquire and develop the cultivation and production processes for seedlings.

The same applies if the contact details or information entered by the Customer or the user of the Site do not make it possible to identify and/or locate the Customer or the user of the Site.

10.1 Filling out a contact form

To request an Application, make purchases (an Order) on the Site, the Customer must first create a customer account, but to do this, the Customer must first fill out a contact form under the heading "Application Registration" for professionals and " Place an Order” for individuals.

All Applications for licenses (and seedlings purchased with a license) are subject to registration and creation of the Customer's contact and information form, duly completed and documented, on the Site.

License applications are to be made, preferably, from February 1 to June 15 inclusive, of each year.

WARNING ! Any registration, creation of personal file and incomplete license request will be systematically rejected.

Any registration, creation of personal file and request for a license implies acceptance of the confidentiality clauses accessible on the Site.

For professionals

Be careful not to forget to attach good quality photos, concerning the 360° environment around your future cultivation land, a photo of your land in section ± 15 – 20 cm deep (use of a spade ), a photocopy of your identity document and a recent photo of yourself.

All information about the dimensions of your tunnel must be indicated. To measure the arch run, you can use a spool of string and follow an arch of your tunnel from the ground, from one end of the arch to the other. The total length of your arch unrolled is equal to your string unrolled to follow the arch from one end to the other. The arch point of your tunnel is the maximum height of your tunnel.

When the Customer considers that his registration form is complete, he must imperatively, to present his Application, contact the Seller by e-mail, from his personal space, on the Site.

He will then receive an acknowledgment of receipt of his request.

After analysis of his Application file (cultivation conditions, professional background) by the Seller, he will receive an e-mail confirming the validation (or reasoned non-validation) of his Application.

The validation of his Application then allows him to access his personal space for Ordering and payment of his license (and seedlings in addition to the price of the license granted).

All Orders and license payments must be made before June 30 of each year.

Any Order paid implies acceptance of the confidentiality agreement and the chosen license in all their terms and gives the Customer the right to exploit the morel cultivation process and to obtain all the assistance and help necessary for the culture, within the limits set by the license, as well as the supply of pots of seedling stock and necessary pots corresponding to its cultivated area.

WARNING: Any Order placed after this deadline of June 30 will be systematically rejected and canceled and any bank charges incurred will then be borne by the Customer.

10.2 Creation of a customer account

Conditions for creating a customer account:

- before any Application and/or any Order, by clicking on the link “Create your account”;

- or, when selecting the Product(s) in the basket.

In the event of non-compliance with the General Conditions of Sale by the Customer, the Seller reserves the right to deactivate the Customer's account automatically and without compensation, without any notice, after sending an e-mail or a letter of formal notice RAR, with acknowledgment of receipt, remained without effect for 30 days or 8 days in the event of an emergency.

The Customer may also wish to have his account deactivated must mention it by e-mail to the Seller, via the following link: or registered letter with acknowledgment of receipt to the following address indicated in the legal notices for the withdrawal or modifications of personal data, l subject of the email should be "deactivation of my account".

In order to place the Order, the Customer must follow the following steps:

1. Dial the address of the Site;

2. Follow the instructions of the Site and in particular, the instructions necessary to open a customer account (information of an electronic address, a password, surnames and first names or name of the company, address of delivery, billing address, etc.), as shown in the registration form.

These elements are confidential, the Customer will be solely responsible for the consequences of the use of his account, until its possible deactivation.

Any modification of this information must be reported by the Client by updating, by himself in his account, the data concerning him, it being specified that the information transmitted in the Application file may only be modified within the framework of the license, that is to say with the prior written consent of the Seller's legal representative.

Any error in this information which would cause an error or delay in the delivery of the Product and/or reshipping costs, will be the responsibility of the Customer.

A purchase history of each Customer is kept for 24 months, each Customer has access to it via his account.

3. Complete the Application and/or Order form. In the event of prolonged inactivity during the connection, it is possible that the selection of the Products chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume his selection of Products from the beginning;

4. Check the summary of the Application / Order which includes all the essential elements, and if necessary, identify and correct errors;

5. Validate the Application and/or the Order, the Total Price as well as the All-Inclusive Price (the “Order Validation”), by clicking on “Order Confirmation and Payment Obligation”;

6. Follow the instructions of the online payment server to pay the All-Inclusive Price.

The Customer also receives electronically and without delay an acknowledgment of receipt representing confirmation of the Order (the "Order Confirmation").

In the event of a (professional) Application, the Client receives an acknowledgment of receipt of his file asking him to confirm his registration.

For Consumers:

The withdrawal form (attached as ANNEX 2) must be downloaded from the Site.

This form can only be used within 7 days of the Order and/or before any shipment of the Order.

In the event that the Order is sent, no withdrawal is possible, insofar as the seedling seed has a limited lifespan (see Article 16 Exclusion of the right of withdrawal).

The Customer then receives electronically and without delay confirmation of acceptance of payment for the Order.

The Customer then receives electronic confirmation of the shipment of the Order.

Delivery will take place at the delivery address indicated by the Customer when placing the Order.

When carrying out the various stages of the Order mentioned above, the Customer undertakes to respect the Contracts by application of article 1316-1 of the Civil Code.

The Seller undertakes to honor the Order only within the limit of the available stocks of the Products. If the Products are not available, the Seller undertakes to inform the Customer. He can offer him a voucher to be used for the next Order.

However, the Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning the payment of a previous Order, or risks or facts of violation of the stipulations relating to Confidentiality.

Article 11 - Terms of Payment

For the Professional Client

The sums paid are neither deposits nor installments.

For the Consumer Client

The Customer will make the payment online within 7 clear days of receipt of the Order form sent by the Seller.

The payment of the All-Inclusive Price by the Customer is made only by credit card on the Site in a secure manner or by bank transfer, upon conclusion of the Order. The credit cards accepted are those of the Visa, MasterCard credit card networks or accepted by the online payment security site chosen by the Seller.

The transaction is immediately debited from the Customer's bank card after verification of its data, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.

In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his bank card, the Customer authorizes the Seller to debit his bank card for the amount corresponding to the All-Inclusive Price.

To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his. The Customer communicates the sixteen digits and the expiry date of his credit card as well as, where applicable, the numbers of the visual cryptogram.

In the event that the debit of the All-Inclusive Price is impossible, the Online Sale will be immediately resolved as of right and the Order will be cancelled.

The Seller uses a secure online payment platform whose GCS and guarantees can be downloaded when accessing online payment.

The Seller implements the appropriate means to ensure the confidentiality and security of the data transmitted on the Site.

In accordance with the guarantees issued by the partnership software, the guarantees regarding this service are the only guarantees regarding the delivery by the provider of the secure online payment service.

With regard to professionals: All payments must be made in cash when placing the Order.

With regard to Consumers: cash payment with the Order and provision of a right of withdrawal via the form sent with the Order form, for a period of 7 days from the sending of this Order form. In this case, the payment made corresponds to a deposit.

Article 12 - Late payment penalties (for professionals)

Pursuant to Article L. 441-6 of the Commercial Code, al. 12, there will be applied an "interest rate for late payment penalties, due the day following the payment date appearing on the invoice, equal to three times the legal interest rate, this rate is equal to the interest rate applied by the European Central Bank in its most recent refinancing operation plus 10 percentage points".

In addition, the Professional Client will also be liable for a lump sum compensation for recovery costs, equal to forty (40) euros in accordance with Article D.441-5 of the Commercial Code and Article L. 441-6 of the Commercial Code, para. 12.

Article 13 - Invoicing

An invoice is established at the end of each Order. It is available in digital format (PDF) on the site, in the “My Account” area. It can be downloaded or printed by the Customer, who can also request a paper version by contacting the Seller via the link in the legal notices under the heading “Site Administration”.

Article 14 - Delivery of the Order

14.1 Mode of Delivery

The Customer chooses one of the Delivery methods offered on the Site when placing the Order (carrier indicated on the Site in the Order section, tracking, delivered without signature or any other carrier of the Customer's choice). If the Customer chooses delivery with signature, an additional cost will be applied, so the Customer is requested to contact the Seller before choosing this method.

Seller's tip: opt for a fast carrier and quickly sow the delivered morel seedlings under your tunnel.

IMPORTANT :

Storage of seedling spawn:

From its delivery, you can keep the spawn of morel seedlings for a maximum of ten (10) days, protected from light, in a cool place, at the temperature of a vegetable tray before sowing. The ideal being to sow, upon receipt of your package, the seedlings.

14.2 Delivery Address

The Customer chooses a Delivery address necessarily located in the Territory, under penalty of refusal of the Order. The Customer is solely responsible for a lack of Delivery due to a lack of indication when placing the Order.

If the Customer cannot receive the delivery himself, he can appoint a third party to represent him with a power of attorney and a photocopy of the Customer's identity card.

14.3 Amount of Delivery Charges

The amount of the Delivery Costs depends on the amount of the Order and the delivery method chosen by the Customer (See article 9: Price). In any case, the amount of the Delivery Costs is indicated to the Customer before the Validation of the Order.

14.4 Delivery Times

The Delivery Times are available on the Site. They may vary depending on the availability of the Products that were the subject of the Order. They are indicated on the Site, for each Product, before the Order.

Packages are generally shipped from the 3rd and fourth week of October, and at the latest within 45 days of this date.

For Consumers:

In the absence of an indication of the delivery date, the Seller undertakes to deliver the Product(s) within a maximum period of 30 days from the signing of the Contract in accordance with article L.138-1 Code of Consumption. The Delivery Times are expressed in working days and correspond to the average preparation and delivery times of the Order in the Territory.

The Delivery Times run from the date of Confirmation of the Order by the Seller.

14.5 Late Delivery

In the event of a delay in Delivery, the Order is not cancelled:

- The Seller informs the Customer by e-mail that the Delivery will take place with a delay. The Customer may then decide to cancel the Order and will send a notice of cancellation of the Order to the Seller's email address with the subject "Order cancellation" followed by the invoice number;

- In the event that the Order has not yet been dispatched when the Seller receives the Customer's notice of cancellation, the Delivery is blocked and the Customer is reimbursed for any sums debited within fourteen ( 14) days following receipt of notice of cancellation. In the event that the Order has already been shipped upon receipt by the Seller of the Customer's notice of cancellation, the Customer may still cancel the Order by refusing the package. The Seller will then reimburse the sums debited and the return costs paid by the Customer within fourteen (14) days of receipt of the return of the refused package, complete and in its original condition.

14.6. Delivery Tracking

Regardless of the choice made by the Customer for shipping, the Carrier normally provides the Customer with a link to track their package online via the transport provider's website.

The Customer can follow the progress of the processing of the Order in the "My account" area reserved for this purpose on the Site.

14.7. Verification of the Order upon arrival

The package(s) is (are) shipped at the Customer's own risk.

Particular care is taken by the Seller to protect the pots of seedlings. The boxes are oversized and the pots of white morel seedlings are well protected.

In addition, all the boxes used are labeled or printed with the standard mention “Fragile”.

The Customer is required to check the condition of the packaging as well as the Products upon Delivery.

It is up to the Customer to make the reservations and complaints that he deems necessary, or even to refuse the package, when the package is obviously damaged on Delivery. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three (3) working days, not including public holidays, following the date of Delivery of the Goods.

The Customer must also send a copy of this letter to the Seller. Failure to file a complaint within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the Commercial Code. The Customer must ensure that the Products delivered to him correspond to the Order. In the event of non-conformity of the Products in kind or in quality with the specifications mentioned in the Delivery note, the Customer must inform the Seller by e-mail, the subject of which must be "non-conformity of the Order" and the content must remind the account number and return the Products to the address indicated on the first page hereof.

The Product marketed by the Seller is a sterilized jar in which there is spawn seedlings. When this pot is opened, the seedling is no longer reusable in good conditions because it has deteriorated. The supply of the Product is therefore executed instantly upon receipt of said product. In agreement with the Customer who accepts it by subscribing to an Order, the Seller of the Product therefore begins to perform its service before the end of the period of 14 days before receipt of the product, the seedlings having to be sown within ten (10 ) days of receipt, at the latest.

The Parties therefore agree that the supply of products by the Seller cannot give rise to the exercise of any right of withdrawal, in accordance with the aforementioned article L. 121-21-8 of the French Consumer Code.

Article 17 - Legal guarantees of conformity and legal guarantee against hidden defects

The products sold by the Seller benefit from the legal guarantee of conformity provided for by articles L.211-4 and following of the Consumer Code for the Consumer Customer, and the legal guarantee against hidden defects provided for by articles 1641 and following. of the Civil Code for any Client.

By conformity of the seedling stock sold by the Seller, we mean the fact that it is made available in a sterile pot allowing travel and sowing and then the cultivation of morels, without guarantee of fruiting and/or yield, account given (i) the natural hazards of the opening of the seedling port, (ii) compliance with the license (for each professional) or (iii) the instructions for use (for the Consumer).

Any failure in the cultivation of seedlings is considered by the Seller to be due to the Customer and non-compliance with the Seller's instructions.

In the event of failure, it is the Customer's responsibility to collect all the information (from the opening of the sowing port through the sowing, the cultivation operations, then the harvest) allowing the causes of the failure to be determined with precision and accuracy. failure of its cultivation under the Vendor's seedbed and/or its instructions for use.

As far as consumers are concerned, it has been clarified and it is recalled that the culture seedling stock offered by the Seller to the consumer Customer is delivered with instructions for use which do not repeat the process licensed to the Professional, but allows the cultivation at risk of the Vendor's seedling stock, it being specified that this manual has given, to date, and to the Vendor's knowledge, unequal results depending on the soil, climates and/or hazards natural products, as well as compliance with the instructions for use, which requires careful and strict monitoring.

Subject to the reservations indicated above:

- In the event that the Customer finds that a purchased Product presents a lack of conformity or is defective, he reports it by connecting to the Site at the Seller's email address appearing in the legal notices or by sending a registered letter with acknowledgment of receipt to the Seller, guarantor of the conformity of the Products to the Contract, at the address indicated on the first page hereof.

The Customer then clicks on the section "an Order placed online" and then enters the number of his Order. He then uses the "comment" space to explain the lack of conformity or, where applicable, the hidden defects that have appeared;

- The Seller's customer service will then study the Customer's request, and if necessary, ask him for additional information or photographs of the Product concerned. The Seller's customer service then informs the Customer whether the product should be returned to the Seller. In all cases, the Seller's customer service is responsible for explaining to the Customer whether or not the reported defects fall within the scope of the legal guarantees. If so, the Customer may be offered an equivalent product or be reimbursed for the price of the Product(s) concerned by crediting his bank card.

Article 18 - Intellectual property rights

The Seller's brand, the domain name, as well as any distinctive sign of the latter, as well as all figurative or non-figurative brands and more generally all other brands, illustrations, texts, including those of the General Conditions of Sale and licenses, images and logos appearing on the Products, their accessories and their packaging, whether registered or not, are and will remain the exclusive property of the Seller. Any total or partial reproduction, modification or use of these trademarks, illustrations, texts, images and logos, in whole or in part, for any reason and on any medium whatsoever, without the express prior written consent of the Seller's legal representative, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models and patents which are the property of the Seller.

Article 19 - Confidentiality of Data

The information requested from the Customer is necessary to process the Order. Insofar as the Customer, by registering, agrees to communicate individual personal data, he has an individual right of access, withdrawal and rectification of this data under the conditions provided for by law no. 78-17 of January 6, 1978 relating to data processing, files and freedoms.

The Customer must send any written request to the address referred to in the legal notices for this purpose.

When creating his customer account on the Site, the Customer will be able to choose whether he wishes to receive offers from the Seller and its partners.

The collection and processing of personal data by the Seller is the subject of a declaration to the National Commission for Individual Freedoms (see details in "Legal Notices").

In addition, cookies may be used during the operation of the Site (see details in "Legal Notice").

Article 20 - Force Majeure

The execution by the Seller of its obligations under the Contract will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution.

The Seller will notify the Customer of the occurrence of such fortuitous event or force majeure within 30 days from the date of occurrence of the event.

When the suspension of the performance of the Seller's obligations continues for a period of more than 90 days, the Customer has the option of terminating the Order in progress and the Seller will then refund the Order under the conditions referred to in Article 14.5.

Article 21 - Nullity / Invalidity of a Clause of the Contract

If any of the stipulations of the Contract were cancelled, this nullity would not result in the nullity of the other stipulations of the Contract which will remain in force between the Parties.

In the event that one or more clauses of the Contract would come to be recognized as invalid, illegal or unfair according to the legislation in force, they are deemed to be without effect, the rest of the Contract remaining valid.

The Parties accept in advance that the clauses in question be replaced by others having the characteristics closest to the old ones, which must mention the balance of the Contract.

Article 22 - Modification of the Contract

Any amendment, termination or abandonment of any of the clauses of the Contract will only be valid after written agreement and validated by the Parties, except for an update by the Seller for an Order subsequent to any Order placed by the Customer.

Article 23 - Non-waiver

The fact for one of the Parties not to take advantage of a commitment by the other Party to any of the obligations referred to herein, cannot be interpreted for the future as a waiver of the obligation in cause.

Article 24 - Notices

All notifications to be made within the framework of the Contract will be considered as made if they are made by registered letter with request for acknowledgment of receipt to the following addresses:

To the Seller: Address indicated on the first pages hereof;

To the Customer: Address mentioned on the invoice.

Article 25 - Complaints and amicable settlement of disputes concerning consumer Customers

Regarding consumers:

Under Article L. 152-1 of the Consumer Code "Every consumer has the right to have free recourse to a consumer mediator for the amicable resolution of the dispute between him and a professional."

Disputes falling within the scope of Article L. 152-1 of the Consumer Code are the disputes defined in Article L. 151-1 of the Consumer Code, namely disputes of a contractual nature, relating on the performance of a contract for the sale or supply of services, between a consumer and a professional. The text covers national disputes and cross-border disputes.

For any difficulty, we invite you to contact the Seller beforehand at the address indicated in the legal notices, the e-mail must indicate in its subject “after-sales service complaint”.

In the event of a dispute, you must first contact the Seller:

- at the following telephone number: 01 76 35 00 28 (non-surcharged number from a landline in mainland France), Monday to Friday except public holidays or non-working days, from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 4:00 p.m.

- or by mail to the address given in the legal notice.

In the absence of a solution within 21 days of your request, you can contact the Joint Commission for Direct Selling Mediation:

100, avenue du President Kennedy 75016 Paris – tel. : 01 42 15 30 00 – email:info@fvd.fr, who will seek an amicable settlement free of charge.

The Customer acknowledges that the Joint Commission for Mediation of Direct Selling, created in 1995, chaired by a professor of law, and composed of 2 representatives of consumer associations approved nationally by the Ministry of the Economy and 2 representatives of professionals of Direct Selling, has exclusive jurisdiction to deal, within the framework of a mediation process, with disputes arising from this document and the related contract which may subsequently be signed. Neither the Consumer Client nor the company may use another mediation system.

(See their website at the following link: http://www.fvd.fr/tout-savoir-sur-la-vente-directe/commission-paritaire-de-mediation)

You may, at your expense, be assisted by counsel.

Article 26 - Limitation of Liability

The Seller cannot be held responsible, subject to applicable legal or regulatory provisions, for:

- any direct or indirect damage that may arise from the purchase of the Product or its use, in accordance with the instructions for use and/or the license and its appendices;

- the lack of growth of the Product because the latter depends on a large number of factors to which the Product is very sensitive and beyond the control of the Seller: THE CULTURE OF MORELS IS A DEMANDING AND SENSITIVE CULTURE. EACH CROP IS SUBJECT TO CLIMATE AND PREDATION RISKS beyond Seller's control. The cultivation of morels is primarily aimed at agricultural professionals and an informed and experienced public. It requires adequate equipment and adequate care.

- The Seller has decided to put on sale operating licenses intended for individuals, in order to satisfy the numerous requests, but this does not include cultivation monitoring. By placing an Order as an individual, the latter makes the choice to make his own experience of morel cultivation, in complete freedom, in accordance with the instructions for use provided after downloading the cultivation prerequisites, before payment of the Ordered.

In this respect, the Consumer Client, prior to the Order, undertakes to read the prerequisites provided as mentioned above.

- ingestion of mushrooms and Product: in this respect, it is specified that mushrooms must be eaten cooked;

- interruption in the availability of information and services for reasons of force majeure or beyond its control;

- any direct or indirect damage that may occur as a result of the use or inability to use the Site, in particular in the event of total or partial hacking of the Site and the consequences that this hacking could have for the Customer or a third party.

In all cases, the Seller's liability cannot exceed the value of the price paid by the Customer.

Section 27 - None

Article 28 - Confidentiality

All Clients subscribe to a confidentiality agreement at the same time as opening their account, which they irrevocably accept.

Article 29 - Applicable law and attribution of jurisdiction

The Contract will be governed by French law.

Any dispute resulting from the formation, interpretation or execution of the General Terms and Conditions of Sale will fall within the jurisdiction of the courts within the jurisdiction of Paris, notwithstanding multiple defendants or warranty claims.

APPENDIX 1: EXCERPTS FROM THE LICENSE – GENERAL PUBLIC

(CONSUMERS)

Article 6bis and important elements

(which does not dispense with reading the entire T&Cs)

Article 1 - Preamble

After having consulted the prerequisites, downloaded and read the confidentiality agreement (Section "Download the prerequisites") which are considered as read and accepted, in the event of creation of an account, Application, Order and/or payment of said Order, having read the warnings related to the vagaries of this culture, to the headings designated under these terms, which is essential, the Customer has shown interest in applying for a license application, by acquiring the Product(s) proposed by the Seller and the Parties have agreed to set out the terms and conditions under which each Product may be acquired by the Customer, within the framework of the prerequisites, and the conditions of the texts, either (i) the professional experimental license, either (ii) the professional operating license, or (iii) the general public experimental license, and/or (iv) an Order.

The Parties agree that their relations will be governed exclusively by the Contract and any application and/or license signed between the Parties proposed by the Seller, excluding any indication previously available on the Site, except those referred to in these conditions.

Article 6bis – Restricted use of the products and the Instructions for use by the Consumer Client – general public license

6bis.1 By placing an Order, the Consumer Customer agrees to use each Product only for personal self-consumption purposes and to keep the instructions for use transmitted on delivery secret.

The license granted to it is non-exclusive and for personal use at the address indicated by the Consumer, non-transferable, unbreakable, directly or indirectly, not subject to rental or sub-licence, for the entire duration of use of each Product, i.e. a single season.

6bis.2 The “general public” experimental license allows individuals to learn about growing morels and possibly upgrade to the “pro” experimental license.

The "general public" experimental license is intended for personal, recreational and educational use.

The license includes the morel seedling spawn corresponding to the Order placed.

The morels which would be from the culture are not intended for sale, nor for resale by a third party in any way whatsoever.

Pots of seedlings are not intended for resale or transfer to a third party in any way.

The "general public" experimental license does not include the analysis of the terrain and its environment, nor any crop monitoring.

The license and these conditions of use of the license are accepted as soon as the Consumer Client pays for his License Order and seedbeds.

Article 8 – Characteristics of the Products

Warning: Each agricultural crop presents a risk of poor harvest due to various risk factors that exist from the transport of our products, the rapid storage at a licensee or a Consumer, when they are not yet opened until the sowing methods, cultivation and harvesting of morels from the seedlings that we deliver. This risk of poor harvest therefore also applies to growing morel seedlings. In particular, the yields of the spawn of morel seedlings of which we are aware are a compilation of data provided by various experimental licensees. Yields, like the quality of the morel seedlings that we ship and the morels obtained, depend mainly on compliance with the culture book or the instructions for use, as the case may be, that we make available to you, on the climatic conditions, or even on the pests encountered. There are a number of other factors as to the yield and appearance of the morels in the end. Consequently, it is impossible for FRANCE MORILLES to guarantee a yield of fruiting or an efficiency of fruiting, which is the case for any spawn of mushroom seedlings which is not accompanied by any guarantee. Consequently, for any license holder, the cultivation of morel seedlings, being elaborate and at risk, must be considered as a precise, tedious and supplementary activity, an additional income, when you start the cultivation of seedlings. of morels for the first time with a professional experimental license. For the Consumer, benefiting from a general public license, it is the same.

Warning: THE CULTURE OF MORELS IS A DEMANDING AND SENSITIVE CULTURE. EVERY CROP IS SUBJECT TO CLIMATE AND PREDATION RISKS BEYOND SELLER'S CONTROL. The cultivation of morels is primarily aimed at agricultural professionals and an informed and experienced public. It requires adequate equipment and adequate care.

The Seller has decided to sell Products intended for individuals, in order to satisfy the many requests, but this does not include the cultivation monitoring offered for licenses.

By taking Products as an individual, the latter makes the choice to make his own experience of growing morels, in complete freedom, respecting the instructions for use which will appear in Appendix 1 of the GTC made available on the site called " General Public” or said “Individuals” of the Seller, which is provided after having downloaded the culture prerequisites, before payment of the Order.

Article 10 – Application, Order of Products and/or license and Stages of Conclusion of the Online Sale

10.0 False Identity, Fanciful Identity, Impersonation

By filling in the contact files and/or by opening a Customer account, the latter accepts that his I.P. address be recorded to fight against any access to the Site under a false identity, a fanciful identity or a usurped identity and to allow the Seller to report such acts and/or take action against persons committing such acts.

Consequently, any access to the prerequisites or other content, made under false identity, fanciful identity or impersonation of this kind, is considered illicit and causing serious damage to the Seller, particularly due to the violation of the secrecy of the Seller's business and confidentiality agreement and investments to acquire and develop the seedling spawn cultivation and production processes.

The same applies if the contact details or information entered by the Customer or the user of the Site do not make it possible to identify and/or locate the Customer or the user of the Site.

Article 11 - Terms of Payment

For the Professional Client

The sums paid are neither deposits nor installments.

For the Consumer Client

The Customer will make the payment online within 7 clear days of receipt of the Order form sent by the Seller.

The payment of the All-Inclusive Price by the Customer is made only by credit card on the Site in a secure manner or by bank transfer, upon conclusion of the Order. The credit cards accepted are those of the Visa or MasterCard credit card networks or those accepted by the secure online payment site chosen by the Seller.

The transaction is immediately debited from the Customer's bank card after verification of its data, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.

In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his bank card, the Customer authorizes the Seller to debit his bank card for the amount corresponding to the All-Inclusive Price.

To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his. The Customer communicates the sixteen digits and the expiry date of his credit card as well as, where applicable, the numbers of the visual cryptogram.

In the event that the debit of the All-Inclusive Price is impossible, the Online Sale will be immediately resolved as of right and the Order will be cancelled.

The Seller uses a secure online payment platform whose GCS and guarantees can be downloaded when accessing online payment.

The Seller implements the appropriate means to ensure the confidentiality and security of the data transmitted on the Site.

In accordance with the guarantees issued by the partnership software, the guarantees regarding this service are the only guarantees regarding the delivery by the provider of the secure online payment service.

With regard to professionals: All payments must be made in cash when placing the Order.

With regard to Consumers: cash payment with the Order and provision of a right of withdrawal via the form sent with the Order form, for a period of 7 days from the sending of this Order form. In this case, the payment made corresponds to a deposit.

Article 14 - Delivery of the Order

14.1 Mode of Delivery

IMPORTANT :

Storage of seedling spawn:

From its delivery, you can keep the spawn of morel seedlings for a maximum of ten (10) days, protected from light, in a cool place, at the temperature of a vegetable tray before sowing. The ideal being to sow, upon receipt of your package, the seedlings.

14.7. Verification of the Order upon arrival

The package(s) is (are) shipped at the Customer's own risk.

Particular care is taken by the Seller to protect the pots of seedlings. The boxes are oversized and the pots of white morel seedlings are well protected.

In addition, all the boxes used are labeled or printed with the standard mention “Fragile”.

The Customer is required to check the condition of the packaging as well as the Products upon Delivery.

It is up to the Customer to make the reservations and complaints that he deems necessary, or even to refuse the package, when the package is obviously damaged on Delivery. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three (3) working days, not including public holidays, following the date of Delivery of the Goods.

The Customer must also send a copy of this letter to the Seller. Failure to file a complaint within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the Commercial Code. The Customer must ensure that the Products delivered to him correspond to the Order. In the event of non-conformity of the Products in kind or in quality with the specifications mentioned in the Delivery note, the Customer must inform the Seller by e-mail, the subject of which must be "non-conformity of the Order" and the content must remind the account number and return the Products to the address indicated on the first page hereof.

Article 15 – For Consumer Customers - Transfer of risk and ownership for the next Consumer

The Product delivered to the Consumer Customer, to the exclusion of any professional, by a carrier travels at the Seller's risk and peril. The transfer of risks and responsibility and ownership of the Product is transferred to the Customer as soon as he (or a third party he has appointed) takes physical possession of the Product.

Article 16 – For Consumer Customers - Exclusion of the right of withdrawal (withdrawal form in Appendix 2)

Pursuant to Article L.121-21-8 of the Consumer Code, the Customer is informed that the right of withdrawal cannot be exercised for certain contracts including contracts:

“1° For the supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal;

(…)

4° Supply of goods likely to deteriorate or expire rapidly;

5° For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

(…). »

The Product marketed by the Seller is a sterilized jar in which there is spawn seedlings. When this pot is opened, the seedling is no longer reusable in good conditions because it has deteriorated. The supply of the Product is therefore executed instantly upon receipt of said product. In agreement with the Customer who accepts it by subscribing to an Order, the Seller of the Product therefore begins to perform its service before the end of the period of 14 days before receipt of the product, the seedlings having to be sown within ten (10 ) days of receipt, at the latest.

The Parties therefore agree that the supply of products by the Seller cannot give rise to the exercise of any right of withdrawal, in accordance with the aforementioned article L. 121-21-8 of the French Consumer Code.

Article 25 - Complaints and amicable settlement of disputes concerning consumer Customers

25.1 Concerning consumers:

Under Article L. 152-1 of the Consumer Code "Every consumer has the right to have free recourse to a consumer mediator for the amicable resolution of the dispute between him and a professional."

Disputes falling within the scope of Article L. 152-1 of the Consumer Code are the disputes defined in Article L. 151-1 of the Consumer Code, namely disputes of a contractual nature, relating on the performance of a contract for the sale or supply of services, between a consumer and a professional. The text covers national disputes and cross-border disputes.

For any difficulty, we invite you to contact the Seller beforehand at the address indicated in the legal notices, the e-mail must indicate in its subject “after-sales service complaint”:

In the event of a dispute, you must first contact the Seller:

- at the following telephone number: 01 76 35 00 28 (non-surcharged number from a landline in mainland France), Monday to Friday except public holidays or non-working days, from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 4:00 p.m.

- or by mail to the address given in the legal notice.

In the absence of a solution within 21 days of your request, you can contact the Joint Commission for Direct Selling Mediation:

100, avenue du President Kennedy 75016 Paris – tel. : 01 42 15 30 00 – email: info@fvd.fr, who will seek an amicable settlement free of charge.

The Customer acknowledges that the Joint Commission for Mediation of Direct Selling, created in 1995, chaired by a professor of law, and composed of 2 representatives of consumer associations approved nationally by the Ministry of the Economy and 2 representatives of professionals of Direct Selling, has exclusive jurisdiction to deal, within the framework of a mediation process, with disputes arising from this document and the related contract which may subsequently be signed. Neither the Consumer Client nor the company may use another mediation system.

(See their website at the following link: http://www.fvd.fr/tout-savoir-sur-la-vente-directe/commission-paritaire-de-mediation)

You may, at your expense, be assisted by counsel.

APPENDIX 2: Withdrawal form

(Optional use by the Customer – and subject to acknowledgment of receipt by the Seller)

Pursuant to articles L. 121-17, I, 2º and L.121-21-2 of the consumer code and appendix to article R. 121-1 of the consumer code

Please complete and return this form only if you wish to withdraw from the contract and if you have a right of withdrawal (see General Conditions of Sale).

For the attention of France Morilles SAS, 1335 Chemin de la Paillasse, 24680 Gardonne. Email: AdminWeb@Francemorilles.com, with the subject “RETRACTATION”; with the form required below.

I hereby notify you of my withdrawal from the contract relating to the sale of the property below:

Product : (*) ______________________________________________________________

Ordered on: (*) _________________________________________________________

Order number : (*) ___________________________________________________

Name of consumer(s): (*) ___________________________________________

-------------------------------------------------- -------------------------------------------------- -----------

Address of the consumer(s): (*) __________________________________________

-------------------------------------------------- -------------------------------------------------- -----------

Date : (*) __________________

Signature :

The customer

(*) To be completed