General Conditions of Sale and Use (GCSU) CBD FIELDS

GCSU CBD FIELDS

These general conditions of sale and use (hereinafter the "GCSU") are offered by the company ONE PRISM Sarl registered in the trade and companies register of Geneva under the IDE number CHE-135.865.745 whose registered office is located at Rue de la cité 1, 1204 Genève, Switzerland (hereinafter the " Company").

1. DESCRIPTION OF SERVICE – APPLICABILITY OF GCSU

The purpose of these GCSU is to define the rights and obligations of users in connection with their use of the Marketplace online CBD FIELDS. The use of CBD FIELDS is therefore subject to the knowledge, understanding and acceptance by any user of these GCSU. If the user does not agree with all or part of these GCSU, he is asked to give up using CBD FIELDS.

CBD FIELDS is an online Marketplace allowing users to be put in touch with professional sellers referenced on the platform in order to buy hemp-based products and more specifically cannabidiol also called CBD ( hereinafter, “Products”). CBD FIELDS also allows users to find nearby listed shops offering CBD and/or Listed Products on CBD FIELDS. For some of these referenced shops, users will be able to acquire Products directly on CBD FIELDS and pick them up directly from the referenced shops in "Click & Collect".

These GCSU apply to any use of CBD FIELDS and to any order for Products placed on CBD FIELDS. The acceptance of the present GCSU thus supposes on the part of the users that they enjoy the full legal capacity necessary for the navigation and the purchase of Products on CBD FIELDS.

2. ACCESS A CBD FIELDS

Before any access to CBD FIELDS, the user must ensure that he has the technical and computer resources enabling him to use the platform, in particular by ensuring that the computer configuration of his hardware/equipment is in good condition and does not contain viruses.

The Company implements all measures to ensure user access to CBD FIELDS, under optimal conditions, 24 hours a day, 7 days a week. However, it cannot in any case be held liable in the event of unavailability linked to an internet breakdown, bugs or operating errors making it impossible to access the website.

Access to CBD FIELDS may also be temporarily interrupted in the event of maintenance operations.

3. ACCOUNT CREATION

To be able to use all the features offered by CBD FIELDS, and in particular to buy Products from sellers referenced on the platform, the user must first create a user account via the feature provided for this purpose on . The user undertakes to provide sincere and accurate information for his identification and to keep this information up to date.

It is the user's responsibility to maintain the confidentiality and security of their login credentials to CBD FIELDS. The user must immediately inform the Company of any unauthorized use of his identifiers. The Company cannot be held responsible for any loss or damage resulting from a fault or characterized negligence of the user to protect his identifiers.

Each user may terminate their account subscription at any time by contacting the Company via the page provided for this purpose on  CBD FIELDS

4. ORDER AND PAYMENT FOR PRODUCTS

The Products offered for sale on CBD FIELDS are presented with a description allowing the user to know their essential characteristics, the price and, where applicable, the delivery time. The purchase prices of the Products are set by the sellers listed on CBD FIELDS in their sole discretion. The prices of the Products displayed are exclusive of shipping costs, the latter being calculated and communicated to the buyer before the validation of his order.

Once his user account has been validated, the User will be able to select the Products he wishes to buy on CBD FIELDS, and access the summary of his order at any time before confirming it.

The user proceeds to the confirmation of his order after having filled in his billing information and, if applicable, delivery as well as his payment information. A clear and legible mention of payment will appear in the order confirmation screen to ensure that the user explicitly acknowledges his obligation to pay for the order.

Any payment on CBD FIELDS involves the use of the Acquired Ltd. service provider system, an approved service provider specializing in securing online payments (hereinafter the "PSP"). By agreeing to these GCSU and purchasing a Product onCBD FIELDS, the user acknowledges accepting the general conditions of our PSP, which may occasionally be subject to modifications by the PSP. CBD FIELDS reserves the right to suspend the account of any user who does not respect the stipulations of the general conditions of use of our PSP. 

5. COMMAND EXECUTION

The Company will transmit to each seller any order placed by user. The user will receive an email informing him of the confirmation of his order as soon as it is validated by the seller concerned.

When a user orders a Product available for sale on CBD FIELDS, a contract is subsequently formed with the seller at the origin of the advertisement concerned, to which the Company is in no way a party. It is recalled that the role of the Company in the context of any connection made from CBD FIELDS is limited to a simple role of intermediation.

Although the Company obliges its sellers to ensure that any Product offered for sale on the Site is immediately available, it cannot guarantee that any Product ordered will be available in the event of a breach by the seller of this obligation. In the event of unavailability of a Product after the order has been placed, the Company will inform the user as soon as possible, offering either to order another Product or to cancel the order.

The delivery and return conditions of the Products as well as the existence of any guarantees associated with the purchase of the Products are determined by the seller in its sole discretion. Any recourse in respect of the Products delivered must be exercised directly with the seller at the origin of the sale of the Products concerned.

In this respect, any possible return and/or refund of a Product following a transaction carried out via CBD FIELDS must first be resolved directly with the seller concerned. In the event of a dispute concerning a transaction carried out on CBD FIELDS, users can nevertheless contact the Company, which will endeavor to help them resolve their dispute.In the event of a fraudulent transaction or receipt of a Product that does not conform to its description, the user is also invited to contact the Company, which may assist him in this regard

The buyer nevertheless undertakes to acknowledge receipt without delay in his user account on CBD FIELDS of each Product ordered. Otherwise, the Product will be deemed to have been received within 21 days from the date of debit from his bank account. This clause is without prejudice to the provisions relating to the protection of consumers applicable to each case, the buyer being free to contact the Seller at any time, to address all requests and complaints on the Products ordered.

6. USER OBLIGATIONS

Users agree to abide by the terms here of GCSU and to use CBD FIELDS in accordance with these stipulations.

As part of its use of CBD FIELDS, the User is also prohibited from:

• To open an account impersonating a third party,

• To useCBD FIELDSto communicate and/or publish inappropriate content or messages (illegal, offensive to human dignity, of a sexual nature, defamatory, abusive, racist or any other content that may give rise to civil or criminal liability of the person who publishes it),

• To engage in inappropriate and/or abusive behavior and/or to harass in any way another user or seller,

• To infringe the intellectual property rights of the Company or any third party through its use of CBD FIELDS,

• Using CBD FIELDS for fraudulent or illegal purposes,

• Use software or other automated processes to index, explore or extract data on CBD FIELDS.

If for any reason, the Company considers that the User does not comply with these GCSU, in particular under the obligations listed in this article, the Company may at any time, and at its sole discretion, delete or suspend his User account and take all legal measures against him.

7. RESPONSIBILITY

The Company makes every effort to guarantee uninterrupted access to CBD FIELDS but cannot under any circumstances be held liable if, in the event of unavailability linked to maintenance operations, or the failure of the Internet network or for any other reason beyond their control, the user cannot access CBD FIELDS. 

As a mere intermediary and contact service, the Company cannot be held liable for any damages resulting from the execution of sales made from the platform. In this sense, the Company cannot be held liable for any damage related to the Products sold by the sellers on CBD FIELDSand not arising from its connection service.

The Company cannot also bear any responsibility for the content of any announcement or any other element published on CBD FIELDS, in particular with regard to the descriptions of the Products or the evaluations of the sellers made by the buyers, of which it would not have been informed beforehand and effectively of their manifestly unlawful nature by means of a written notification.

Finally, the Company cannot be held responsible for the non-performance of one of its contractual obligations due to the occurrence of a case of force majeure.

8. INTELLECTUAL PROPERTY

The Company remains the exclusive owner of all the elements that make up CBD FIELDS (such as texts, images, photographs, logos, computer codes, etc.) which are protected by intellectual property rights.

The name and brand of the Company, logos, designs and models, stylized letters, figurative marks reproduced on CBD FIELDS will also remain the exclusive property of the Company.

All rights not expressly granted to the user here under GCSU are reserved to the Company.

It is strictly forbidden for the user to reproduce (except for his personal and non-commercial use), publish, edit, transmit, the elements composing CBD FIELDS, nor modify them or carry out any work in them. taking as a basis. Any use of the corporate names, trademarks and distinct signs belonging to the Company is strictly prohibited except with the express prior consent of the Company.

9. CUSTOMER SERVICE

For any request for information, clarification or for any complaint relating to CBD FIELDS, the user must contact, in priority, the customer service of The Company, in order to allow the latter to try to find a solution. to the problem.

The Company's customer service is accessible via the contact details published on the contact page of CBD FIELDS. The user acknowledges, however, that the Company is only able to process complaints related to the CBD FIELDS platform and its linking service.

Any complaint relating to a lack of conformity of the Products delivered by the seller or more generally any complaint related to the Products supplied, must be made directly to the latter.

10. PERSONAL DATA

The user is informed that the Company collects and processes his personal data in order to allow him to use CBD FIELDS.

The processing of users' personal data and the management of cookies by the Company are further detailed in the privacy policy of CBD FIELDS.

11. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

These GCSU are governed and interpreted in accordance with Swiss law. This clause does not, however, prevent users from benefiting from the mandatory provisions of their local law, when these are more favorable than the Swiss law applicable hereunder.

In the event of a dispute likely to arise in connection with the interpretation and/or execution of these presents or in connection with these presents GCSU, the user may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method.

The user can go to the European consumer dispute resolution platform set up by the European Commission at the following address and listing all the approved dispute resolution bodies in Europe: https ://webgate.ec.europa.eu/odr/.

In accordance with Swiss law, consumer mediators are also available to the user to help them resolve any disputes with the Company, including in particular the business mediator whose contact details are as follows: Geneva House of Mediations

In the event of failure of this mediation procedure or if the user wishes to take legal action, any dispute will be settled before the courts of Geneva. This clause does not, however, prevent users from bringing any dispute before the courts of Geneva. their usual place of residence.