ARTICLE 1 - PURPOSE
1.1 The purpose of these general conditions is to define the rights and obligations of the buyer ("the Customer") of any of the products ("the Product") marketed, through the intermediary of the website accessible at the address www.lesjardinsdaissa.com (“the Site”), by the seller designated below (“the Seller”):
LES JARDINS D'AISSA
6 Jardins de Marquetiere 38120 Le Fontanil Cornillon - France,
Registered Trade and Companies of Grenoble under number 847 646 890 00016
Whose VAT identification number is FR31847646890
And whose customer service is accessible by email at email@example.com and by telephone at +33 (0)4 76 08 04 52
1.2 These general terms and conditions constitute all the contractual provisions (“the Contract”) governing, in this context, the relationship between the Seller and the Customer (“the Parties”).
1.3 Complete completion of the ordering process referred to in Article 2 implies full acceptance of these general terms and conditions, which are communicated to the Customer at the same time.
ARTICLE 2 - ORDERING
2.1 Any order for a Product on the Site requires the perfect completion of all of the following steps:
- On the "Catalog" page of the Site, the Customer must select each desired Product, then add it to his basket by clicking on the "+ Add to basket" button, the Customer can then modify the quantity of each Product thus added to his basket;
- Once the order has been completed, on the "My basket" page, the Customer must then click on the "Validate" button to finalize the said order;
- In the next step, the Customer must enter his e-mail address and the billing and delivery addresses (if different);
- Finally, at the last step, the Customer must enter his discount code if he has one, select the delivery method chosen, then pay the total amount of his order.
2.2 The Customer is informed of the fact that, before final validation of his order, the Seller offers him the possibility (1) to check the details of the said order and its total price, (2) to identify any errors made in entering data and (3) to correct it.
2.3 After final validation of the order by the Customer, the Seller acknowledges receipt of said order by sending an email to this effect to the address provided by the Customer.
ARTICLE 3 - PRICE, INVOICING AND PAYMENT
3.1 The prices of the Products sold via the Site are indicated in euros and include all taxes (“TTC”) and exclude delivery costs, the amount of which is mentioned on the Site.
3.2 Any Product ordered by the Customer is invoiced by the Seller on the basis of the price including VAT and the delivery costs in force upon complete completion of the ordering process described in Article 2, as mentioned on this date. on the site.
3.3 Each invoice issued by the Seller in accordance with the stipulations of Articles 3.1 and 3.2 is payable according to the terms described in Article 2.1.
3.4 The Customer is expressly informed that no order can be prepared or shipped until its total price has been paid in full.
ARTICLE 4 - DELIVERY
Subject to the stipulations of Article 3.4, the Seller undertakes to deliver, only in France or in Europe, to the address indicated by the Customer during the ordering process referred to in Article 2, the Product(s) ordered by the Customer within the following maximum deadlines:
- Deliveries in mainland France: 15 working days from the date of the order;
- Deliveries outside mainland France (DOM-TOM, Europe and Senegal): 45 working days from the date of the order.
- In the case of a delivery to a relay point (Mondial Relay and Colissimo relay point) if the customer does not collect their package within the time allowed, we will not make any refund because unclaimed packages at the relay point will not are not returned.
The customer is notified by email and SMS of the availability of his order in the relay point of his choice and of the time allowed to collect his order with his identity document.
ARTICLE 5 - RIGHT OF WITHDRAWAL
5.1 In accordance with the stipulations of Article L. 121-20 of the Consumer Code, the Customer having the quality of consumer has a right of withdrawal which he can exercise within a maximum period of fourteen (14) clear days from the delivery of the Product(s) concerned. When this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day.
5.2 In order to exercise the right of withdrawal referred to in the first paragraph of Article 5.1, the Customer must send the Seller, within the aforementioned period, an e-mail to this effect at the address firstname.lastname@example.org. In response, the Seller will send the Customer an e-mail indicating the procedure and the return address for the Product(s) concerned.
5.3 In accordance with the provisions of Article L. 121-20 of the Consumer Code, in the event of exercise of the right of withdrawal in accordance with Article 5.2, the Seller shall reimburse the Customer for all sums paid within the maximum period of thirty (30) clear days from the date on which said right of withdrawal was exercised.
It is understood that, in this case, the return costs are the responsibility of the Customer.
ARTICLE 6 - GUARANTEES AND LIABILITY
6.1 - Legal guarantees
Under the conditions defined by the regulations in force, the Product(s) supplied by the Seller to the Customer benefit(s): (1) From
the guarantee for lack of conformity defined in article 1603 of the Civil Code;
(2) The warranty against latent defects defined in articles 1641 and following of the Civil Code;
(3) When the Customer is a consumer, the guarantee of conformity defined in articles L. 211-4 and following of the Consumer Code.
In accordance with article L. 211-15 of the Consumer Code, the stipulations of articles L. 211-4, L. 211-5 and L. 211-12 of the said Code, as well as those of article 1641 and of first paragraph of article 1648 of the Civil Code, are reproduced in full below:
- Article L. 211-4 of the Consumer Code:
"The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing during delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. -
Article L. 211-5 of the Consumer Code:
"To be in conformity with the contract, the good must:
1° Be suitable for the use usually expected of a similar good and, if necessary:
- correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
- Article L. 211-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "
- Article 1641 of the Civil Code:
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer does not use it. would not have acquired, or would have given only a lesser price, if he had known them. "
- First paragraph of article 1648 of the Civil Code:
"The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
Only Products that benefit from a lifetime commercial warranty that can be implemented by the Customer by making, for this purpose, a request for support from the customer service whose contact details appear in Article 1.1.
The Customer is expressly informed of the fact that the commercial guarantee stipulated in the preceding paragraph only applies to the Products indicated. The Customer remains, in any case, solely responsible for their conservation in accordance with the recommendations appearing in the instructions for use of the Products.
6.3 Any warranty is excluded in the event of modification, without the express authorization of the Seller, of the Products, in the event of use not in accordance with the recommendations appearing in the instructions for use of the Products, negligence or lack of maintenance of the Products, as well as only in the event of an accident not attributable to the Seller or force majeure within the meaning of case law. """
ARTICLE 7 - INTELLECTUAL PROPERTY AND INDUSTRIAL PROPERTY
The domain name www.lesjardinsdaissa.com, as well as all the elements and content appearing on the Site, are the exclusive property of the Seller and are protected, worldwide, under the copyright and intellectual property rights.
Their reproduction, even partial, is strictly prohibited, except with the prior and express authorization of the Seller.
Under the same conditions, their use is limited to strictly private use.
Any reproduction or any other use constitutes counterfeiting and is sanctioned as such under the Intellectual Property Code, except with the prior and express authorization of the Seller.
ARTICLE 8 - PERSONAL DATA
8.1 The communication to the Seller by the Customer, during the ordering process described in Article 2, of personal data concerning him is necessary for the conclusion and performance of the Contract. These data are collected and processed in accordance with Law No. 78-17 of January 6, 1978, for the purposes of the execution of the said Contract and the promotion of the Seller's activities, as well as for purely statistical purposes. The Customer is expressly informed of the fact that the personal data concerning him are not subject to any transfer, whether free of charge or against payment, to any third party.
8.2 The Seller is responsible for the processing referred to in Article 8.1, said processing having been the subject of a prior declaration to the Commission Nationale de l'Informatique et des Libertés.
8.3 The Customer has a right of access, a right of rectification and a right to delete personal data concerning him. The Customer may also object, for legitimate reasons, to the processing of data concerning him. The Customer may exercise all or part of these rights by sending a letter to this effect to the following address: LES JARDINS D'AISSA - 6 Jardins de Marquetiere - 38120 Le Fontanil Cornillon - France.
ARTICLE 9 - APPLICABLE LAW AND DISPUTES
9.1 The Contract is subject to French law.
9.2 ALL DISPUTES TO WHICH THE CONTRACT COULD GIVE RISE, CONCERNING ITS CONCLUSION, ITS VALIDITY, ITS INTERPRETATION, ITS EXECUTION, AND ITS TERMINATION, ITS CONSEQUENCES AND ITS FOLLOW-UPS, SHALL BE: (1) WHEN THE CUSTOMER IS A CONSUMER
, COMPETENT FRENCH COURTS UNDER COMMON LAW CONDITIONS;
(2) WHEN THE CUSTOMER IS NOT A CONSUMER, THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR APPEAL IN WARRANTY, INCLUDING FOR EMERGENCY PROCEDURES, CONSERVATORY PROCEDURES OR ON REQUEST.