These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by SARL LES JARDINS DU SUD ("the Seller") to consumers and non-professional buyers ("the Customers or the Customer"), wishing to acquire the products offered for sale by the Seller ("the Products") on the website www.lesjardinsdusud.com They specify in particular the conditions for ordering, payment, delivery and management of any returns of Products ordered by Customers.
The products offered for sale on the website www.lesjardinsdusud.comare as follows:
- Indoor and outdoor furniture
- Indoor and outdoor lighting
- Objects for interior and exterior decoration
- Kitchen and home accessories
- Interior and exterior carpets
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website www.lesjardinsdusud.com.
The Customer is required to read it before placing any order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the websitewww.lesjardinsdusud.com are not contractual and do not engage the responsibility of the Seller.
The Client is required to refer to the description of each Product in order to know its properties and essential features.
Product offers are subject to availability, as specified at the time of ordering.
The contact details of the Seller are as follows:
Sarl LES JARDINS DU SUD
600 route de la Roquette
F06370 Mouans Sartoux
Tel : +33 (0)492 28 54 16
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Terms and Conditions of Sale are accessible at any time on the website www.lesjardinsdusud.com and will prevail, if necessary, over any other version or any other contradictory document.
The Client declares that he has read these General Terms and Conditions of Sale and accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure as well as the general terms and conditions of use of the website www.lesjardinsdusud.com.
These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date of placing the order.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
Sarl LES JARDINS DU SUD
600 route de la Roquette
F06370 Mouans Sartoux
Tel : +33 (0)492 28 54 16
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Client acknowledges having the capacity to contract and acquire the Products offered on the website www.lesjardinsdusud.com.
The Products presented on the website www.lesjardinsdusud.com are offered for sale for the following territories: Metropolitan France, Corsica.
In case of an order to a country other than metropolitan France and Corsica, the Customer is the importer of the Product or Products concerned, a transport quotation will be established on the basis of an estimate prior to placing the order.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding tax automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of the Customer and are the sole responsibility of the Customer.
The modifications of these General Terms and Conditions of Sale are enforceable against users of the website www.lesjardinsdusud.com as from their publication online and cannot be applied to transactions concluded previously.
It is the Client's responsibility to select on the website www.lesjardinsdusud.com the Products he wishes to order, according to the following terms:
- By navigating through the various sections of the Website, the Customer can place the Products of his choice in his shopping cart by clicking on the "Add to Cart" button. At any time and until the global order is confirmed, the Customer may change his mind, change the quantities and cancel one or more of the selected Products.
Each of the steps necessary for the sale are specified on the Website.
In accordance with the provisions of article 1127-2 of the French Civil Code, the Customer shall have the opportunity to check the details of his Order and its total price and, if necessary, to correct or modify it before definitively confirming his order to express his acceptance. - complete all the requested information, including that relating to the content and payment terms ;
- declare that he accepts without reservation all the General Terms and Conditions of Sale.
The Validation of the Customer's Order implies acceptance of the prices and characteristics of the Products purchased by the Customer.
The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Client.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered final after the Seller has sent the Customer confirmation of acceptance of the order by e-mail, and after the Seller has received the full price
For orders placed exclusively on the Internet, an order is recorded on the Supplier's website when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validating his order.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies the acceptance of all the present General Terms and Conditions of Sale and constitutes proof of the sales contract.
It is therefore the Client's responsibility to check the accuracy of the order and to immediately report any errors.
Any order placed on the website www.lesjardinsdusud.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller 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.
The Customer will be able to follow the progress of his order on the website by going to my account name section if he has created an account in advance or through a tracking link if he has not created a customer account.
Any changes to the order by the Customer may only be taken into account by the Seller within the limits of its possibilities and provided that it is notified by e-mail to the Seller within 24 hours of the initial order and before it is shipped.
To be valid, the modification must have been expressly accepted and confirmed by email as feasible by our company, after consulting our suppliers.
The articles sold off or being promoted, cannot be the subject of a change of order.
No modification request can be taken into account after the order has been dispatched.
In the event that these modifications cannot be accepted by the Seller, the sums paid by the Customer will be returned to him within a maximum period of 8 days from the notification of the impossibility of accepting the modifications requested by the Customer (unless the latter prefers to receive a credit note).
The Products are provided at the current rates shown on the website www.lesjardinsdusud.com, when the order is registered by the Seller. Prices are expressed in Euros, incl. VAT.
The rates take into account any reductions that may be granted by the Seller on the website www.lesjardinsdusud.com.
These rates are firm and non-revisable during their validity period, as indicated on the website www.lesjardinsdusud.com, the Seller reserves the right, outside this validity period, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website www.lesjardinsdusud.com and calculated before placing the order.
The payment requested from the Client corresponds to the total amount of the purchase, including these fees.
Possible customer-specific orders can be considered. If necessary, they will be the subject of an estimate previously accepted by the latter. The estimates drawn up by the Seller are valid for a period of 15 days, from the date they are drawn up.
The order on quotation is considered accepted only after the payment of a deposit of 30% of the amount of the order. The payment of the balance of the order on estimate must be made before shipping the order.
An invoice is issued by the Seller and delivered to the Customer upon receipt of payment.
The price is payable in full in cash, in full on the day the order is placed by the Customer, by means of secure payment, according to the following terms:
- by credit cards: Visa, Visa Electron, MasterCard, other credit cards, other cards mastercard
- by phone
- by Paypal
- by bank transfer.
- payment data is exchanged in encrypted mode
The Products ordered by the Customer will be delivered in metropolitan France and Corsica within a shipping time indicated prior to the order and or on the Product sheet to which is added the processing and delivery time to the address indicated by the Customer when ordering on the website www.lesjardinsdusud.com.
Delivery is the transfer to the Customer of physical possession or control of the Product.
Except in special case or unavailability of one or more Products, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.
However, these deadlines are given for information only.
If the ordered Products have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L 216-2 L 216-3 L241-4 of the Consumer Code.
The sums paid by the Client will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or deduction.
Delivery by carrier means parcels dropped off in front of the customer's home, the latter must ensure accessibility by truck type truck carrier. The appointments communicated by the carrier are best made within a half-day time range.
All access difficulties under the above-mentioned conditions or specific delivery conditions such as assembly areas or access by small vehicles must be duly notified to the seller, who will communicate a specific transport tariff or reserves the right to cancel the order if he does not find suitable transport solutions.
Deliveries are made by an independent carrier, to the address given by the Customer when placing the order and to which the carrier will have easy access.
When the Customer has taken on the responsibility of using a carrier of his own choosing, delivery is deemed to have been made as soon as the Products ordered by the Seller have been delivered to the carrier, as soon as the Seller has delivered the Products sold to the carrier who has accepted them without reservation.
The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no warranty claim against the Seller in the event of failure to deliver the transported goods.
In the event of a particular request from the Customer concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to an additional specific invoicing, on the basis of an estimate previously accepted in writing by the Customer.
The Seller also offers free in-store pick-up, the address of which can be found on the website at the contact page.
The Customer is required to check the condition of the products collected by him on site and in the presence of the seller.
It has a period of 2 days from the delivery date to formulate by e-mail, any reservations or complaints for non-conformity or apparent defect of the delivered Products (e. g. damaged packages already opened...), with all related documents (photos in particular).
After this period and failing to comply with these formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller.
The Seller shall refund or replace as soon as possible and at its own expense, the delivered Products whose non-conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. of the Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).
The transfer of ownership of the Seller's Products to the Customer will only be carried out after full payment of the price by the latter, regardless of the delivery date of the said Products.
Whatever the date of the transfer of ownership of the Products, the transfer of the related risks of loss and deterioration will only take place when the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk.
In accordance with the legal provisions in force, the Customer has a period of fourteen days from the receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay any penalty, for exchange or refund, provided that the Products are returned in their original packaging packaged in the same condition and in perfect condition within 30 days following notification to the Seller of the Customer's withdrawal decision.
Returns must be made in their original and complete condition (packaging, accessories, instructions...) allowing them to be returned to the market in new condition, accompanied by the purchase invoice.
Damaged, soiled, damaged or soiled products, with damaged packaging, not repackaged identically, poorly repackaged, not on strapped pallets or incomplete products are not taken back.
The right of withdrawal may be exercised online, using the withdrawal form available on the website www.lesjardinsdusud.com, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other unambiguous statement expressing the intention to withdraw.
In case of exercise of the right of withdrawal within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs are refunded; the return costs remaining the responsibility of the Customer and under his full responsibility.
The exchange (subject to availability) or refund will be made within 10 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
Products sold on the website www.lesjardinsdusud.com comply with the regulations in force in France and have performances compatible with non-professional uses.
Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions:
- the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacturing affecting the delivered products and making them unfit for use,
under the conditions and in accordance with the procedures referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Compliance Guarantee / Hidden Defect Guarantee).
It is reminded that under the legal guarantee of conformity, the Customer:
- has a period of two years from the delivery of the property to take action against the Seller ;
- can choose between repairing or replacing the ordered Product, subject to the cost conditions provided for in article L 217-9 of the Consumer Code ;
- is exempt from providing proof of the existence of the lack of conformity of the Product during the six months following the delivery of the Product. This period is extended to 24 months from 18 March 2016, except for second-hand goods.
The legal warranty of conformity applies independently of the commercial warranty that may eventually cover the Product; the Customer may decide to implement the warranty against hidden defects of the Product in accordance with article 1641 of the Civil Code; in this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert its rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 2 days as from the delivery of the Products or the existence of hidden defects within the above-mentioned deadlines and return or return the defective Products to the store in the condition in which they were received with all the elements (accessories, packaging, instructions...).
The Seller will refund, replace or have repaired Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products found to be non-compliant or defective will be made as soon as possible and at the latest within 30 days of the Seller's discovery of the lack of conformity or hidden defect.
Refunding will be made by credit to the Customer's bank account or by bank cheque addressed to the Customer.
The Seller's liability cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,
- in case of misuse, professional use, negligence or lack of maintenance on the part of the Customer, such as normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or refund of Products that do not conform or are defective.
In accordance with law 78-17 of 6 January 1978, it is reminded that the personal data requested from the Customer are necessary for the processing of his order and the preparation of invoices, in particular.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website www.lesjardinsdusud.com has been declared to the CNIL.
The Client has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to information concerning him.
This right may be exercised under the conditions and according to the modalities defined on the website www.lesjardinsdusud.com.
The content of the website www.lesjardinsdusud.comis the property of the Seller and its partners and is protected by French and international intellectual property laws.
All total or partial reproduction of this content is strictly prohibited and may constitute a counterfeiting offence.
In addition, the Seller retains ownership of all intellectual property rights on photographs, presentations, studies, drawings, designs, models, prototypes, etc., made (even at the Customer's request) for the purpose of providing the Services to the Customer.
The Client therefore refrains from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller, who may condition it on financial compensation.
the change in the economic paradigm of the market for the products marketed by LES JARDINS DU SUD entourant la conclusion of a transaction to sell the Seller's products subject to these General Terms and Conditions of Sale and resulting in an increase or increase in the price of 10% of the initial price of the basket shall be fully assumed by the Customer even if such risks would make the performance of its obligations excessively onerous for the Customer, all other risks being assumed by the other Party.
However, if the change in unforeseeable circumstances at the time of conclusion of the contract was definitive or lasted longer than one month, these terms and conditions shall be purely and simply resolved in accordance with the procedures defined in the article "Resolution for Unforeseeable Events".
In the event of a breach by either Party of its obligations, the defaulting Party shall have the right to request the forced execution in kind of the obligations arising hereunder. By way of derogation from the provisions of Article 1221 of the Civil Code, the creditor of the obligation may continue this forced performance after a simple formal notice sent to the debtor of the obligation by registered letter with acknowledgement of receipt which has remained unsuccessful, whatever the circumstances and even if there is a clear disproportion between its cost for the debtor and its interest for the creditor.
It is recalled that pursuant to Article 1219 of the Civil Code, each Party may refuse to fulfil its obligation, even if it is due, if the other Party does not fulfil its obligation and if this non-performance is sufficiently serious, i. e. likely to jeopardise the continuation of the contract or fundamentally upset its economic balance. The suspension of enforcement shall take effect immediately upon receipt by the defaulting Party of the notice of default sent to it to that effect by the defaulting Party indicating the intention to apply the exception of non-performance until the defaulting Party has remedied the breach found, served by registered letter with acknowledgement of receipt or on any other durable written medium providing proof of dispatch.
This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one of the Parties will not fulfil its obligations on the due date and that the consequences of such non-performance are sufficiently serious for the Party that is in default.
This option is used at the risk and peril of the Party taking the initiative.
The suspension of execution shall take effect immediately, upon receipt by the alleged defaulting Party of the notification of the intention to apply the exception of preventive non-performance until the alleged defaulting Party has fulfilled the obligation for which a future breach is manifest, served by registered letter with acknowledgement of receipt or on any other durable written medium enabling proof of the sending to be provided.
If the impediment was definitive or lasted longer than 30 days, these terms and conditions would be purely and simply resolved in accordance with the terms defined in the Resolution article for breach by a party of its obligations.
The Parties shall not be held liable if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
The party noting the event must immediately inform the other party of its inability to perform its service and justify itself to it. The suspension of obligations may under no circumstances be a cause of liability for failure to perform the obligation in question, nor induce the payment of damages or penalties for late payment.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed 30 days.
Soonce the cause of the suspension of their mutual obligations has disappeared, the parties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the prevented party shall notify the other party of the resumption of his obligation by registered letter with acknowledgement of receipt or any extrajudicial act. If the impediment is definitive or exceeds a period of 30 days, these terms and conditions shall be purely and simply resolved in accordance with the procedures defined in the article "Resolution for force majeure".
During this suspension, the parties agree that the costs generated by the situation will be borne by the party prevented.
15-1- Resolution for unforeseen events
The resolution for the impossibility of the performance of an obligation which has become excessively onerous may, notwithstanding the clause Resolution for failure by a party to fulfil its obligations set out below, be taken only 10 days after the sending of a formal notice stating the intention to apply this clause notified by registered letter with acknowledgement of receipt or any extrajudicial act.
15-2 - Resolution for breach of a sufficiently serious obligation
The defaulting Party may, notwithstanding the clause Resolution for breach by a Party of its obligations set out below, in the event of a sufficiently serious breach of any of the obligations incumbent upon the other Party, notify by registered letter with acknowledgement of receipt to the defaulting Party, the wrongful termination of this Agreement, 10 days after the sending of a formal notice to comply, which has not been completed, pursuant to the provisions of article 1224 of the Civil Code.
15-3 - Resolution for force majeure
It is expressly agreed that the parties may automatically terminate this contract, without notice or formality.
15-4 - Resolution for breach by a party of its obligations
In the event of non-compliance by either party with the following obligations:
- non-payment on the due date of services ordered by the Client,
- the non-delivery of services ordered by the Seller, without just cause,
referred to in the articles of this contract, it may be resolved at the discretion of the aggrieved party.
It is expressly understood that this resolution for failure by a party to fulfil its obligations will take place automatically, the formal notice resulting solely from the non-performance of the obligation, without summons or execution of formalities.
15-5 - Common provisions for resolution cases
It is expressly agreed between the Parties that the debtor of an obligation to pay under this agreement shall be validly put in default by the mere exigibility of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.
The services exchanged between the Parties from the conclusion of the contract until its termination can only be useful if it is fully performed, they will give rise to full restitution.
These General Terms and Conditions of Sale and the operations resulting from them are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, the French text alone shall prevail in the event of a dispute.
All disputes to which the purchase and sale transactions concluded pursuant to these general terms and conditions of sale may give rise, concerning both their validity, interpretation, execution, termination, consequences and consequences and which could not have been resolved between the seller and the customer shall be submitted to the competent courts under the conditions of ordinary law.
The Client is informed that he may in any case resort to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with existing sectoral mediation bodies, whose references can be found on the website http://www.mediateurfevad.fr/ or with any alternative dispute resolution method (conciliation, for example) in case of dispute.
In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The selected mediation entity is : CNPM - MEDIATION - CONSUMPTION. In case of dispute, you can file your complaint on its website: http://cnpm-mediation-consommation.eu or by post by writing to : CNPM - MEDIATION - CONSUMPTION - 23, rue Terrenoire - 42100 SAINT ETIENNE
The fact that a natural (or legal) person orders on the website "www.lesjardinsdusud.com"" implies full acceptance and acceptance of these General Terms and Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, to rely on any contradictory document, which would not be enforceable against the Seller.
ANNEX I - Legal warranty provisions
Article L217-4 of the Consumer Code:
The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been placed at his expense by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code:
- êbe specific to the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model present the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling
- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code:
The action resulting from the lack of conformity is time-barred after two years from the delivery of the good.
Article L217-16 of the Consumer Code:
Where the buyer requests from the seller, during the course of the commercial warranty granted to him when acquiring or repairing movable property, a refurbishment covered by the warranty, any immobilization period of at least seven days shall be added to the remaining warranty period. This period shall run from the date of the buyer's request for intervention or the making available for repair of the goods in question, if such making available is subsequent to the request for intervention.
Article 1641 of the Civil Code:
The seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that reduce this use so much, that the buyer would not have acquired it, or would have given it a lower price, if he had known them.
Article 1648 paragraph 1 of the Civil Code:
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
ANNEX II - Withdrawal form
The form is available for free on the home page of the website www.lesjardinsdusud.com