the seed balsam attack kokopelli

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bilbo
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the seed balsam attack kokopelli




by bilbo » 31/12/05, 17:14

Personally, I order from baumaux, biaugerme and Kokopelli; Following this info, I just canceled my order with baumaux.
Forward the information! thank you ! and write to baumaux!

Anne Marie and Philippe


Dear friends and adherents,

Following requests from our members for information
circulating on the internet, we wish to inform you that a trial is
brought against Kokopelli by the company Graines Baumaux de Nancy. (Seeds
Baumaux - BP 100 - 54062 Nancy Cedex Email:
contact@graines-baumaux.fr )

On December 9, 2005, the Kokopelli Association was assigned by the company
Baumaux seeds to appear before the High Court of
Nancy.

You can consult the entirety of the expected on our website:
http://www.kokopelli.asso.fr/actu/new_n ... id_news=55



Here are some extracts from the expected ones. For more readability, we have
remove accents (but not spelling mistakes).

Whereas, on the contrary, for several years (1999), an association under
the name of KOKOPELLI on the pretext of developing, in the countries
Europeans, the old vegetable varieties, to make them again
accessible to gardeners by organizing production and distribution
seeds marketed on catalog and on the Internet very numerous
seeds,

Qu, on the other hand, it in no way respects the legal obligations

Which she sells from catalog and on her website
www.kokopelli.asso.fr/adhesion.html. Very many varieties which n
not appear in the official catalog

That it thus puts on sale either similar products under several names,
either plants which no longer have a quality likely to be
marketed,

That it misleads the consumer on the quality of the products put on sale and
offers them products not authorized for sale, possibly
dangerous,

That it provides to gardeners who are fond of plants likely to grow
develop on a continent that is not theirs without any control of
national authorities.

........

Whereas this maneuver is destined to increase in appearance at least,
the variety of seeds made available to the consumer but especially the
turnover of the KOKOPELLI Association,

Qu in fact, it is not difficult to stand out from the competition by
asserting the exclusivity of the sale of certain products when those
these are prohibited for marketing,

That customers cannot find these seedlings and plants unsuitable for
marketing only through the KOKOPELLI brand,

Let the excuse that this association comes to defend a heritage
of forgotten seeds is in no way founded,

That indeed, even if old vegetable varieties are no longer offered at
the sale because the demand by professional or amateur customers is
nonexistent, these varieties are not threatened with extinction
but preciously preserved in genetic resource centers.

That they can prove to be essential in the years to come in matters
food, health and serve to obtain new varieties with
very specific qualities.

Above all, nothing prevents the KOKOPELLI Association from having
official catalog of the seeds it sells,

That if her approach is healthy as she tries to pretend, this
solution is open to him,

That she refuses to do so,

......

Whereas by complying with the regulations in force, the Company
BAUMAUX seeds necessarily has a more limited choice to offer
his clients,

That also the acts committed by the Association KOKOPELLI are acts
purely disloyal within the meaning of article 1382 of the Civil Code.

Whereas even so, the KOKOPELLI association tries to hide its
commercial activity under various ecological or charitable pretenses, it
makes trade a very important activity as demonstrated by
presentation of its site (piece n 38)

That it is a direct competitor of the BAUMAUX company

That the financial damage is certain but cannot be exactly
therefore determines that the turnover of the KOKOPELLI association is not
not known,

That positive case law accepts without concession the principle that
"It is necessarily inferred from an act of unfair competition a disturbance
commercial constituting prejudice, was it only moral "(see Cass.Com
01/07/2003, appeal number 01-13052 and Cass.Com 03/06/2003, appeal number
01-15145)

That from then on the triptych made generator - moral prejudice - link of
causation is established by the mere fact of the commercial disorder constituted by the
marketing, by the KOKOPELLI Association, of plants and seeds not
registered on the official list,

That the damage having taken place at the headquarters of the GRAINES BAUMAUX Company, it
agreed to make a fair application of article 46 2 ° / of the new Code
of Civil Procedure and to seize the jurisdiction of these,

Whereas the KOKOPELLI Association, considering article 1382 has and had a
wrongful conduct in marketing in violation of the provisions of the
decree n ° 81-605 of May 18, 1981 taken for the application of the law of August 1
1905 on the repression of fraud with regard to the trade in
seeds and plants, (article l214-1) seeds

Where appropriate, having regard to the importance of the plants thus marketed
see this association condemned to pay the sum of 50 euros in
compensation for the damage suffered by the GRAINES BAUMAUX Company

That given the recurrence of the facts and the bad faith that ensues
follows, she will be sentenced under penalty of 100 euros per day late, to
from the service of the judgment, to withdraw all advertising or
catalog on paper or on the Internet, for products whose
sale is not authorized by French and European legislation,

That there is cause to see condemn the association KOKOPELLI at its expense, to the
publication of the judgment to intervene in a legal newspaper
national.

That it is necessary to see condemn the Association KOKOPELLI to the payment of a
sum of 2000 euros under the article of the NCPC


----- End of forwarded message -----

--
Sincerely,
Philippe

http://compaillons.naturalforum.net
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A2E
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by A2E » 01/01/06, 11:47

actually this affair is dismal :x
I received the catalog of Baumaux some time ago which I found interesting but considering the prices of certain plants and seeds I abstained :( !
I have made my own plant and produced my own seeds since 2003 and I only buy to renew and again in small quantities! :D
is this association authorized to trade and if so is it declared in the competitive field?
do you know bilbo
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Rabbit
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by Rabbit » 01/01/06, 15:31

They should expatriate, perhaps to Belgium.
I have the impression that it is simpler here.

From this point of view anyway. : Lol:
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bilbo
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by bilbo » 04/01/06, 19:52

A2E wrote:actually this affair is dismal :x
I received the catalog of Baumaux some time ago which I found interesting but considering the prices of certain plants and seeds I abstained :( !
I have made my own plant and produced my own seeds since 2003 and I only buy to renew and again in small quantities! :D
is this association authorized to trade and if so is it declared in the competitive field?
do you know bilbo


Yes, this association is authorized to market, what we criticize it is to offer seeds of plants that are not on the "official catalog": official catalog where you have to pay a small fortune to "save" a single species , while these plants have always existed and are part of our world heritage.
Behind everything there is the lobby of large seed companies who want to keep the cake for themselves!
more this association, explains how to redo your seeds yourself to avoid buying them the following year: it's proof that it's not buisness they do; but this is what annoys the merchants the most: autonomy (in all these forms)!
Happy New Year

Phil
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by Former Oceano » 14/01/06, 00:38

What will they think of the farmer of our AMAP who is drying the seeds of the tomatoes that his family is eating in order to redo the plants for the following year. If even the peasants get out of the trading system ... : Cheesy:
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