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General terms and conditions of sale
These general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by a natural person (hereinafter the "CUSTOMER") on the website www.lesjardinsdusud.com (hereinafter the "WEBSITE") from LES JARDINS DU SUD, SARL registered in the Trade and Companies Register under the number 451435010, having its registered office at 600 route de la Roquette, 06370 Mouans-Sartoux in France, telephone number: +33 (0)492 28 54 16, email address: info@lesjardinsdusud.com (hereinafter the "SELLER").
IMPORTANT: Any order placed on the website implies the CUSTOMER's unreserved acceptance of these general conditions.
Article 1. Definitions
The terms used below have the following meaning in these General Terms and Conditions: "CUSTOMER": refers to the SELLER's co-contractor, who guarantees to be a consumer as defined by French law and jurisprudence. In this respect, it is expressly provided that the CUSTOMER is acting outside of any usual or commercial activity. "DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of ordering. "PRODUCTS": refers to all the products available on the SITE. "TERRITORY": shall designate Metropolitan FRANCE (excluding DOM/TOM).
Article 2. Subject
These General Conditions govern the sale of PRODUCTS by the SELLER to its CLIENTS. The CUSTOMER is clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from distinct contractual conditions.
Article 3. Acceptance of the general conditions
The CUSTOMER agrees to read these Terms and Conditions carefully and to accept them before proceeding with the payment of an order for PRODUCTS placed on the WEBSITE. These Terms and Conditions are referenced at the bottom of each page of the WEBSITE by means of a link and must be consulted before placing an order. The CUSTOMER is invited to carefully read, download and print the General Conditions and to keep a copy. The SELLER advises the CUSTOMER to read the General Terms and Conditions with each new order, as the latest version of the General Terms and Conditions applies to all new orders of PRODUCTS. By clicking on the first button to place the order and then on the second button to confirm the order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. Purchase of products on the website
In order to purchase a PRODUCT, the CLIENT must be at least 18 years old and have legal capacity or, if a minor, be able to prove the agreement of his legal representatives. The CUSTOMER will be asked to provide identifying information by completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be filled in for the CLIENT's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the WEBSITE. The tracking of DELIVERIES can, if necessary, be done using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail at info@lesjardinsdusud.com in order to obtain information on the status of his order. The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, eligibility and the information provided.
Article 5. Orders
Article 5.1 Product characteristics
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the WEBSITE) and the mandatory information that the CLIENT must receive under the applicable law. The CLIENT undertakes to read this information carefully before placing an order on the WEBSITE. Unless otherwise expressly indicated on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.
Article 5.2 Ordering procedure
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's home page, the steps may differ slightly).
Article 5.2.1 Selection of PRODUCTS and purchase options
The CLIENT shall select the PRODUCT(S) of his choice by clicking on the PRODUCT(S) concerned and choosing the desired characteristics and quantities. Once the PRODUCT is selected, the PRODUCT is placed in the CLIENT's shopping cart. The CLIENT may then add as many PRODUCTS as he/she wishes to his/her basket.
Article 5.2.2 Orders
Once the PRODUCTS have been selected and placed in the shopping cart, the CUSTOMER must click on the shopping cart and check that the contents of the order are correct. If the CUSTOMER has not yet done so, he/she will then be invited to identify himself/herself or to register. Once the CUSTOMER has validated the contents of the basket and logged in/registered, an online form will be displayed, automatically filled in, summarising the price, the applicable taxes and, if applicable, the delivery charges. The CLIENT is invited to check the content of the order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the payment method and the price) before validating its content. The CLIENT can then proceed to the payment of the PRODUCTS by following the instructions on the WEBSITE and provide all the necessary information for the invoicing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all information necessary to process the order. The CUSTOMER must also select the delivery method chosen.
Article 5.2.3 Acknowledgement of receipt
Once all the steps described above are completed, a page appears on the WEBSITE to acknowledge receipt of the CLIENT's order. A copy of the order acknowledgement is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address provided through the registration form is correct. The SELLER does not send any order confirmation by post or fax.
Article 5.2.4 Billing
During the ordering process, the CUSTOMER shall enter the information necessary for invoicing (the sign (*) shall indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER). In particular, the CUSTOMER must clearly indicate all information relating to DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the address of DELIVERY. The CUSTOMER must also specify the chosen method of payment. Neither the order form that the CUSTOMER draws up online, nor the acknowledgement of receipt of the order that the SELLER sends to the CUSTOMER by e-mail, constitutes an invoice. Regardless of the method of order or payment used, the CLIENT will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
Article 5.3 Date of the order
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE only start to run from this date.
Article 5.4 Prices
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros including all taxes, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen). The prices include in particular the value added tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may affect the price of the PRODUCTS from the date the new rate comes into effect. The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in case of special offers or sales. The prices indicated are valid, except in the event of a gross error. The applicable price is the one indicated on the SITE on the date the order is placed by the CLIENT.
Article 5.5 Availability of PRODUCTS
The trader undertakes to deliver the PRODUCT on the date or within the period indicated to the CLIENT, unless the parties have agreed otherwise. The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CLIENTS may also be informed of the restocking of a PRODUCT by the SELLER. In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable. In the event that a PRODUCT is unavailable, the SELLER may, if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT. If the CLIENT decides to cancel his order for unavailable PRODUCTS, he shall obtain a refund of all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.
Article 6. Right of withdrawal
The terms and conditions of the right of withdrawal are set out in the "withdrawal policy", which is available in Annex 1 hereof and can be accessed at the bottom of each page of the WEBSITE via a hypertext link.
Article 7. Payment
Article 7.1 Means of payment
The CLIENT may pay for PRODUCTS online on the WEBSITE using the methods proposed by the SELLER. The CUSTOMER guarantees the SELLER that he/she has all the necessary authorizations to use the chosen payment method. The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of the online payment on the WEBSITE. In this respect, it is specified that all payment information provided on the WEBSITE is transmitted to the WEBSITE's bank and is not processed on the WEBSITE.
Article 7.2 Payment date
In the case of a single payment by credit card, the CLIENT's account will be debited as soon as the PRODUCTS are ordered on the SITE. In case of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first package is shipped. If the CLIENT decides to cancel the order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these Terms and Conditions.
Article 7.3 Late or refused payment
If the bank refuses to debit a card or other means of payment, the CLIENT must contact the SELLER's Customer Service Department in order to pay for the order by any other valid means of payment. In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the CUSTOMER proves impossible, the order will be cancelled and the sale automatically terminated.
Article 8. Proof and archiving
Any contract concluded with the CUSTOMER corresponding to an order of more than 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code. The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the CLIENT's request. In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until the CLIENT has paid in full. The above provisions do not prevent the transfer to the CLIENT, upon receipt by the CLIENT or by a third party designated by the CLIENT other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage that they may cause.
Article 10. Delivery
The terms and conditions of DELIVERY of the PRODUCTS are set out in the "Delivery Policy" referred to in Appendix 2 hereof and accessible at the bottom of each page of the WEBSITE via a hypertext link.
Article 11. Emballage
The PRODUCTS will be packaged in accordance with current transport standards, in order to ensure maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS agree to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 - Cancellation Policy.
Article 12. Guarantees
In addition to the commercial warranties that the SELLER may offer for certain PRODUCTS, all Customers benefit from "legal" warranties, for all PRODUCTS, which are detailed below, in accordance with Article L.111-1 of the Consumer Code.
Article 12.1 Late or refused payment
Article L. 217-4 of the Consumer Code: "The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility".
Article L.217-5 of the Consumer Code: "The goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable : - if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or when it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
The SELLER is liable for defects in conformity existing at the time of delivery and for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been placed at his expense or has been carried out under his responsibility.
In case of lack of conformity, the CLIENT may request the replacement or the repair of the PRODUCT, at his choice. However, if the cost of the CLIENT's choice is manifestly disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen by the CLIENT. In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address 600 route de la Roquette, 06370 Mouans-Sartoux. Finally, the CLIENT is exempted from proving the existence of the lack of conformity of the PRODUCT during the twenty-four (24) months following the delivery of the PRODUCT except for second-hand goods for which this period is fixed at six (6) months (Article L. 217-7 of the Consumer Code). It is specified that the present legal warranty of conformity applies independently of the commercial warranty granted, if any, on the PRODUCTS.
Article 12.2 Warranty for hidden defects
The SELLER is bound by the warranty for hidden defects of the PRODUCT sold which render it unfit for its intended use, or which so diminish such use that the CLIENT would not have acquired it, or would have given only a lower price for it, if he had known about them. (Article 1641 of the Civil Code) This guarantee allows the CLIENT who can prove the existence of a latent defect to choose between the reimbursement of the price of the PRODUCT if it is returned and the reimbursement of part of its price, if the PRODUCT is not returned. In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address 600 route de la Roquette, 06370 Mouans-Sartoux. The action resulting from redhibitory defects must be brought by the CLIENT within two (2) years from the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code.
Article 13. Liability
The SELLER shall in no event be liable for any failure to perform or improper performance of the contractual obligations attributable to the CUSTOMER, in particular when entering his order. The SELLER shall not be held responsible, or considered to have failed to comply with the present terms and conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts. It is furthermore specified that the SELLER does not control the websites that are directly or indirectly linked to the WEBSITE. Consequently, the SELLER excludes all responsibility for the information published on these sites. Links to third-party websites are provided for information purposes only and no guarantee is given as to their content.
Article 14. Force majeure
The SELLER shall not be liable if the non-performance or delay in the performance of any of its obligations described in these GTC is due to force majeure. Force majeure in contractual matters occurs when an event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation. If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code. In this respect, the SELLER shall not be held liable in particular in the event of an attack by computer hackers, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as in the event of any circumstance or event outside the SELLER's control occurring after the conclusion of the GTCs and preventing their performance under normal conditions. It is specified that, in such a situation, the CUSTOMER may not claim the payment of any compensation and may not bring any action against the SELLER. In the event of the occurrence of one of the above-mentioned events, the SELLER will endeavour to inform the CLIENT as soon as possible.
Article 15. Personal data
The SELLER collects personal data about its CUSTOMERS on the SITE, including through the use of cookies. CUSTOMERS may disable cookies by following the instructions provided by their browser. The data collected by the SELLER is used to process orders placed on the SITE, to manage the CUSTOMER's account, to analyse orders and, if the CUSTOMER has expressly chosen this option, to send him/her commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER. The CUSTOMER's data is kept confidential by the SELLER for the purposes of the contract, its execution and in compliance with the law. CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by e-mail. The data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer to its commercial partners the names and contact details of its CUSTOMERS, provided that the latter have expressly given their prior consent when registering on the WEBSITE. The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners. In accordance with Law No. 78-17 of 6 January 1978 on data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as the RGPD), the SELLER ensures the implementation of the rights of the persons concerned. It is recalled that the CUSTOMER whose personal data is processed has the right to access, rectify, update, portability and deletion of information concerning him/her, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Regulation on the Protection of Individuals (RGPD). In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the RGPD, the CLIENT may also, for legitimate reasons, oppose the processing of data concerning him/her, without reason and without charge. The CUSTOMER may exercise these rights by sending an e-mail to the address: info@lesjardinsdusud.com or by sending a letter to 600 route de la Roquette, 06370 Mouans-Sartoux. It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
Article 16. Claims
The SELLER provides the CUSTOMER with a "Customer Telephone Service" at the following number: +33 (0)492 28 54 16 (not surcharged). Any written complaint from the CUSTOMER must be sent to the following address: 600 route de la Roquette, 06370 Mouans-Sartoux.
Article 17. Intellectual property
All visual and audio elements of the WEBSITE, including the underlying technology used, are protected by copyright, trademark and/or patent law. These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's authorization in writing. Under no circumstances will this authorisation from the SELLER be granted on a permanent basis. This link must be removed at the request of the SELLER. Hypertext links to the WEBSITE using techniques such as framing or in-line linking are strictly prohibited. Any representation or reproduction, in whole or in part, of the SITE and its content, by any means whatsoever, without the prior express authorisation of the SELLER, is prohibited and shall constitute an infringement punishable by articles L.335-2 et seq. and articles L.713-1 et seq. of the French Intellectual Property Code. Acceptance of these GTCs implies recognition by the CUSTOMER of the SELLER's intellectual property rights and a commitment to respect them.
Article 18. Validity of the general conditions
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a modification or decision does not authorise CLIENTS to disregard these General Conditions. Any terms and conditions not expressly dealt with herein shall be governed in accordance with the usage of the retail sector, for companies whose registered office is located in France.
Article 19. Modification of the general conditions
These Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online. The General Conditions are dated precisely and may be modified and updated by the SELLER at any time. The General Conditions applicable are those in force at the time of the order. Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.
Article 20 Jurisdiction and applicable law
THE PRESENT GENERAL CONDITIONS AS WELL AS THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW. IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS WILL HAVE JURISDICTION. However, prior to any recourse to an arbitral or state judge, the Customer is invited to contact the SELLER's complaints department. If no agreement is reached or if the CUSTOMER can prove that he/she has previously attempted to resolve his/her dispute directly with the SELLER by means of a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith, with a view to reaching an amicable agreement in the event of any dispute relating to this contract, including one concerning its validity. To initiate this mediation, the CLIENT may contact the SELLER's mediator: CNPM, whose contact details are CNPM - Médiation - Consommation, 23 rue Terre noire, 42100 Saint Etienne, France, which can be contacted via this link: www.cnpm-mediation-consommation.eu. The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute, the CUSTOMER or the SELLER may at any time withdraw from the process IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE WHICH MAY HAVE GIVEN rise to a mediation will be referred to the JURISDICTION DESIGNATED ABOVE.
ANNEX 1
Withdrawal Policy
Principle of withdrawal The CLIENT has the right to withdraw by returning or restituting the PRODUCT to the SELLER. To do so, the PRODUCT shall be returned or restituted without undue delay, and at the latest within fourteen (14) days following the communication of his decision to withdraw, unless the SELLER offers to collect the PRODUCT himself. Withdrawal period In accordance with Article L.221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT. If the CLIENT has ordered several PRODUCTS in a single order resulting in several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered. If the CLIENT's order includes several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT. Notification of the right of withdrawal To exercise his right of withdrawal and in accordance with article L.221-21 of the Consumer Code, the CLIENT must notify his decision to withdraw by means of an unambiguous statement (for example, letter sent by post, fax or e-mail) to : 600 route de la Roquette, 06370 Mouans-Sartoux or info@lesjardinsdusud.com. Alternatively, you can use the form below:
WITHDRAWAL FORM :
To the attention of : LES JARDINS DU SUD
SELLER's telephone number: +33 (0)492 28 54 16
SELLER's e-mail address: info@lesjardinsdusud.com
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
PRODUCT reference :
Invoice No.: :
Purchase Order No. :
- Ordered on [________________]/received on [________________]
- Payment method used :
- Name of the CLIENT and, if applicable, of the beneficiary of the order :
- CUSTOMER's address :
- Delivery address :
- Signature of CUSTOMER (except in the case of transmission by e-mail)
- Date of order
In order for the withdrawal period to be respected, the CUSTOMER must transmit his communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period. Effects of withdrawal In case of withdrawal by the CLIENT, the SELLER undertakes to reimburse the totality of the sums paid, including the delivery costs (with the exception of additional costs resulting, where applicable, from the CLIENT's choice of a delivery method other than the standard delivery method proposed by the SELLER) without undue delay and, in any event, no later than fourteen (14) days as from the day on which the SELLER receives the returned PRODUCT (Article L.221-24 of the Consumer Code). The SELLER shall proceed with the refund using the same means of payment that the CLIENT used for the initial transaction, unless the CLIENT expressly agrees to a different means, in any case, this refund shall not incur any costs for the CLIENT. The SELLER is not obliged to reimburse additional costs if the CUSTOMER has expressly chosen a more expensive method of delivery than the standard method offered by the SELLER. The SELLER may defer reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, whichever comes first. Terms of return The CUSTOMER must, without undue delay and, in any case, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to : 600 route de la Roquette, 06370 Mouans-Sartoux. This period is deemed to have been respected if the CLIENT returns the goods before the expiry of the fourteen (14) day period. Return costs The CLIENT shall bear the direct costs of returning the good. If the weight of the PRODUCT prevents the CLIENT from returning the PRODUCT by post, the CLIENT shall bear the direct costs of returning the good. Condition of the returned good The PRODUCT must be returned according to the SELLER's instructions and include all accessories delivered. The CLIENT shall only be liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CLIENT may test the PRODUCT, but may be held liable for any manipulations other than those necessary. Exclusions from the right of withdrawal The right of withdrawal is excluded in the following cases
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made to the CLIENT's specifications or clearly personalised
- Supply of goods likely to deteriorate or expire rapidly
- Supply of sealed audio or video recordings or software which have been unsealed after delivery
- Newspapers, periodicals, magazines (except subscription contracts)
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer includes a specific date or period of performance
- Supplies of goods which by their nature are inseparably mixed with other items
- the supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CLIENT after DELIVERY
- the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the sales contract, the delivery of which can only be made after 30 days and the actual value of which depends on market fluctuations beyond the SELLER's control
- supply of digital content not supplied in dematerialised form if performance has begun with the express prior consent of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal
- contracts concluded at a public auction.
ANNEX 2
Delivery policy
Delivery area
The PRODUCTS offered can only be delivered within the TERRITORY. It is impossible to place an order for any delivery address outside this TERRITORY. The PRODUCTS are shipped to the delivery address(es) indicated by the CLIENT during the ordering process.
Shipping time
The lead times for preparing an order and then issuing the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These times do not include weekends or public holidays. An e-mail message will automatically be sent to the CLIENT when the PRODUCTS are dispatched, provided that the e-mail address entered in the registration form is correct.
Delivery times & costs
During the ordering process, the SELLER indicates to the CLIENT the possible delivery times and shipping options for the PRODUCTS purchased. The shipping costs are calculated according to the delivery method. The amount of these costs will be due by the CLIENT in addition to the price of the PRODUCTS purchased. Details of delivery times and costs are detailed on the SITE. In the absence of any indication or agreement as to the delivery date, the SELLER shall deliver the PRODUCT without undue delay and at the latest thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).
Terms of DELIVERY
The parcel will be delivered to the CLIENT against signature and on presentation of an identity document. In case of absence, a notice of passage will be left to the CUSTOMER, in order to allow him to go and collect his parcel in his post office.
Delivery problems
The CUSTOMER is informed of the delivery date when he/she chooses the carrier, at the end of the online ordering process, before confirming the order. It is specified that deliveries will be made within thirty (30) days maximum. If the CUSTOMER fails to do so, he must give the SELLER formal notice to deliver within a reasonable period of time, and if he fails to deliver within this period, he may terminate the contract. The SELLER shall refund, without undue delay after receipt of the letter of termination, to the CLIENT the total amount paid for the PRODUCTS, including taxes and delivery charges, by the same method of payment used by the CLIENT to purchase the PRODUCTS. The SELLER is responsible until the PRODUCT is delivered to the CLIENT. The CLIENT is reminded that he has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.