GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 . PURPOSE
These T&Cs define the rights and obligations of the parties in the context of the remote sale of products offered by Jardiniste to customers via the website www.jardiniste.fr
Any use of the Site or placement of an order constitutes acceptance of the T&Cs by the Customer.
Jardiniste reserves the right to modify the T&Cs at any time and without notice, it being specified that only the T&Cs in force on the date of use of the site and/or placement of an order by the Customer will be applicable.
ARTICLE 2. PRODUCT INFORMATION & AVAILABILITY
Products sold by Jardiniste comply with the French regulations in force.
They are described as precisely as possible using product sheets and photos.
However, the photos used by Jardiniste to present the products have no contractual value, particularly with regard to color and size. The customer is invited to refer to the detailed product descriptions, and if necessary, the Customer is invited to contact Jardiniste's customer service department to obtain any useful clarification. The products are marketed while stocks last. In the event of stock exhaustion, Jardiniste will endeavor to indicate this clearly and/or make the purchase of the concerned product impossible. However, it may exceptionally occur that an ordered product is no longer available. In such an event, Jardiniste undertakes to inform the customer immediately and to reimburse the full amount paid using the same means of payment as that previously used by the Customer.
ARTICLE 3. ORDERS
Jardiniste reserves the right to refuse any order provided that there are legitimate grounds, in particular when the quantities purchased are abnormally high for a consumer or in the event of a dispute concerning the payment of a previous order.
ARTICLE 4. PRICE AND PAYMENT
The price of the products is stated in euros (€), all taxes included (TTC), excluding delivery costs which are to be borne by the Customer (except for specific promotional operations), and are notified to the latter at the time of placing the order.
Jardiniste reserves the right to modify its prices at any time. The products will be invoiced on the basis of the rates in force at the time of validation of the order. However, if an abnormally low price is indicated due to a technical or human error, Jardiniste reserves the right to ask the Customer to pay the remaining balance or to allow them to cancel their order by refunding the full amount already paid.
Jardiniste may organize various promotional operations, in particular via promotional codes. These do not apply to delivery costs, with the exception of free delivery codes which apply only to the amount of the delivery costs.
Payment for orders is made exclusively online by credit card (Visa, Mastercard, and American Express) via the secure Stripe platform or via PayPal. Checks and cash are not accepted for online payments.
Jardiniste reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
Ordered products remain the property of Jardiniste until full payment has been received.
ARTICLE 6 – DELIVERY
The delivery methods offered are La Poste Colissimo and Chronopost.
Any shipment of an order will be notified by Jardiniste to the Customer by sending an email allowing the tracking of the shipment. Delivery will be deemed completed at the time the Customer or a third party designated by them, other than the carrier proposed by Jardiniste, takes physical possession of the product.
Jardiniste strives to ship your order within 72 hours, on business days, upon receipt of the order. However, delivery times are given for information purposes only and shall not be binding on Jardiniste. The delivery of several products from the same order may be fragmented (the Customer will be informed by email).
Any apparent anomaly concerning an order (number of units, condition of packaging, etc.) must be indicated precisely (detailed description of the anomaly) by the Customer on the carrier's delivery slip, in the presence of the latter. The Customer must immediately inform Jardiniste by providing any useful proof (photograph, description of the anomaly, etc.). An apparent anomaly is understood to be any anomaly that should normally be detected by a normally attentive and informed consumer. Failing this, the products will be deemed to have been delivered free of any apparent anomaly. It is therefore up to the Customer to preserve their rights against the carrier under the conditions provided for in Article L.133-3 of the Commercial Code (reasoned confirmation of the anomaly to the carrier by sending a registered letter within 3 days, excluding public holidays, following the day of receipt of the products concerned).
ARTICLE 7 – WARRANTIES
We take great care when preparing packages. Nevertheless, an order may contain a defect that we did not notice. The customer must therefore take care to check the conformity of their order upon receipt. If a non-conformity is detected regarding the product (defective, damaged, missing, or spoiled product), the customer is invited to notify Jardiniste's customer service within a maximum period of 72 hours after receipt by email at hello@jardiniste.fr.
Jardiniste reserves the right to decide on the most appropriate measure for the defect encountered, namely, a replacement or a refund. If no claim is made after the 72-hour period, Jardiniste disclaims any liability.
ARTICLE 8 – WITHDRAWAL
Customers are informed that they have the right to withdraw without giving any reason within a period that expires 14 days after receipt of the goods.
If this period expires on a Saturday, Sunday, or a public holiday, it is extended to the next business day.
The right of withdrawal cannot be exercised for the contracts listed in Articles L. 221-2 and L. 221-28 of the Consumer Code, in particular: - The supply of goods made according to the consumer's specifications or clearly personalized; - The supply of goods liable to deteriorate or expire rapidly; - 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.
To exercise their right of withdrawal, Customers are invited, before the expiry of the aforementioned period, to notify Jardiniste's customer service of their decision to withdraw by means of an unambiguous statement (e.g., letter sent by post, email, etc.).
After exercising their right of withdrawal, Customers are invited to return the concerned goods to the following address: Jardiniste, 31 rue Paul Vaillant Couturier, 92300 Levallois-Perret, France, no later than 14 days after informing Jardiniste of their decision to withdraw. This period is deemed to have been met if the goods are returned before the expiry of this period. The costs and risks associated with the return are the sole responsibility of the Customers.
In the event of withdrawal, Jardiniste will refund the payment received for the goods no later than 14 days from the day on which Jardiniste receives the returned package. The same means of payment as that used during the order will be used.
ARTICLE 9 – RETURN
Products must be returned at the Customer's expense in their original packaging and in perfect resale condition (not damaged, soiled, or used).
They must imperatively be accompanied by all their accessories.
The return is made by postal parcel, at the Customer's own risk and expense, to the following address: Jardiniste, 31 rue Paul Vaillant Couturier, 92300 Levallois-Perret, France.
ARTICLE 10 – INTELLECTUAL PROPERTY
All creations, photographs, texts, and various graphics present on the site jardiniste.fr are strictly reserved under copyright as well as intellectual property rights worldwide.
As such and in accordance with the provisions of the Intellectual Property Code, any total or partial reproduction or representation of Jardiniste's creations or of any or part of the elements found on the site jardiniste.fr is strictly prohibited and will be subject to legal action.
ARTICLE 11 – PERSONAL DATA
Jardiniste undertakes to process the personal data collected in compliance with the regulations in force. In this context, Jardiniste undertakes, except for exceptions provided by law, to obtain the consent of its Customers each time it collects personal data concerning them. This data is collected and processed for the purposes of customer management and optimization of the customer experience. They allow, among other things, the management of loyalty and promotions, statistics, etc. They are kept for the duration strictly necessary for the fulfillment of these purposes and are never communicated to third parties, unless necessary for the execution of the T&Cs. Failure by a Customer to provide Jardiniste with the data concerning them indicated as mandatory may result in making any use of the Site impossible. The Customer has the right to withdraw their consent, to portability, access, rectification, updating, and deletion of their data, which they can exercise by contacting Jardiniste's customer service.
ARTICLE 12 – CUSTOMER SERVICE
For any information or questions, Customers can contact Jardiniste's Customer Service by email at hello@jardiniste.fr
ARTICLE 13 – APPLICABLE LAW
The T&Cs are entirely governed by French law.
The language of this contract is French.
In the event of a dispute, French courts shall have exclusive jurisdiction.