General terms of use and general terms of sale of the website www.jardin-affaires.com - Last updated on 27.08.2021
The website www.jardin-affaires.com (hereinafter referred to as the Site) allows any person to access the product and service offers put online by the company.
1. SCOPE OF APPLICATION
These General Terms and Conditions of Sale 'GTC' are intended to govern all contractual relations between the company Direct Service, SAS with a capital of €300,000, registered with the RCS of VERSAILLES under number 832 901 441, whose registered office is located in HOUDAN (78550) at 2, rue du Moulin des Arts - hereinafter 'The Company' and any person visiting or purchasing on The Site (hereinafter 'The User'). Access to the Site, its consultation and use, entail the User's unreserved acceptance of the GTC and the GTS, without the need for a handwritten signature.
They are available on the website and are printable.
They may be modified at any time, unilaterally by The Company, particularly to comply with legal, jurisprudential, editorial and/or technical developments.
These general terms and conditions of sale are only established in French and subject to French law.
2. ACCESS AND REGISTRATION CONDITIONS
The site is accessible free of charge to any User with internet access. All software, hardware and internet access necessary for the use or operation of the site are at their expense. They are solely responsible for the proper functioning and protection of their computer equipment, data stored on their equipment and their internet access.
The Company reserves the right to suspend or interrupt without notice, at any time and for the duration it deems necessary, to ensure maintenance or for any other reason, without this interruption giving rise to any obligation or compensation.
Access to certain Site features requires registration, including the creation of a personal account. Account access credentials consist of a valid email address and strictly confidential password. The user agrees to provide accurate information regarding their identity, address, and other data necessary for Site access, and to keep it up to date. They are solely responsible for protecting this information and its use.
The Company makes its best efforts to ensure the security and confidentiality of transmitted data.
The duration of validity of the registration and/or account is indefinite. The User expressly acknowledges that The Company may, as of right and without notice or compensation, terminate all or part of the Site's functionalities. On their side, the User can delete their personal account by making a request via the contact form.
Similarly, The Company may delete, without prejudice to any damages or action against a User, terminate as of right or suspend, without notice and without prior notification, their personal account and proceed with its deactivation in case of violation of these terms.
To purchase on The Site, the Buyer must be:
- A natural person at least 18 years of age, guaranteeing to have the legal capacity or to be in possession of parental authorisation allowing them to freely place orders on the site, having a valid delivery address in France;
- A legal entity, whose authorised person must provide information regarding their identity (Surname-First name), that of their legal representative if applicable, its company name, SIRET or identification number, registered office address, telephone number, email address.
The Site may implement an automatic tracing process (cookie) which the participant can oppose by modifying the settings of their computer in accordance with the instructions provided on the site. However, some cookies are essential for the proper functioning of the site (basket, order, connection to customer account) and cannot be deactivated.
3. ORDER
Product Information
The articles and promotional offers present on the site are offered for sale within the limit of available stocks and for offers, until the end of their validity.
The Company undertakes to do everything possible to ensure that the items offered for sale are in stock and available for shipping. However, the presence of an item on the site cannot guarantee its availability. In case of unavailability of a product after validation of the order, The Company undertakes to inform the buyer as soon as possible and to proceed with the refund within a maximum period of 30 days. The replacement or refund of the initial order extinguishes any claim from the Buyer.
The photographs and texts illustrating the articles are provided for indicative purposes only and are not part of the contractual scope. Consequently, although represented on the site with the greatest precision, photos and texts may, however, contain errors. In this case, The Company's liability cannot be engaged.
Order Confirmation
The order is binding for the Buyer from the validation of their order. The order is binding for The Company from the validation of the payment and the confirmation of the order processing.
During each order validation, the Buyer will be directed to their account via a secure connection recalling the content of their order.
The Customer, before validation, can thus view the latter and make any modifications they wish.
The order will only be definitively registered after completing the various information and final validation. When the Buyer validates the order by selecting a payment method and accepting the general terms and conditions of sale, the order is deemed definitively concluded (agreement on merchandise and price).
Clicking the "CONFIRM MY ORDER" button, after accepting these general terms and conditions of sale, constitutes an electronic signature from the customer. This electronic signature has the same value as a handwritten signature between the Parties.
Order confirmation is confirmed by sending an automatically generated email to the email address provided when creating the customer account. The Buyer receives an email containing a link allowing them to access their customer account.
The Company reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute regarding the payment of a previous order.
For reasons of fraud limitation, the Company reserves the right, to accept the sale, to ask the Buyer to justify their identity and place of residence, and the payment method used. In this case, the processing of the order will be carried out upon receipt of the aforementioned documents. The Company reserves the right to cancel the order if these supporting documents are not received or if the received documents are deemed non-compliant.
4. PRICE
Product Prices
The selling prices of products offered on The Site, indicated in Euros, are those in effect at the time the order is registered by the Buyer. Prices displayed on third-party websites (comparison sites, partners, etc.) will have no legitimacy when ordering products by the buyer on The Site.
By default, the prices indicated on the site include Value Added Tax and bear the mention "VAT included".
The prices shown on the order after its validation, registration and confirmation are firm and final.
Manufacturers may change the technical composition of product references without notice. The Company is at any time entitled to update, improve its data sheets or withdraw its products from sale.
The selling prices do not include shipping costs. They are indicated during the purchase process and summarized before the final validation of the order.
5. PAYMENT AND SECURITY
Please refer to the article "Online payment".
6. DELIVERY
Please refer to the article "Delivery & receipt".
7. RIGHT OF WITHDRAWAL
Please refer to the article "Returns".
8. LEGAL WARRANTY AND LIABILITY
Warranties
The Company remains bound by the legal guarantee of conformity mentioned in articles L. 211-4 to L. 211-13 of the Consumer Code and that relating to defects in the item sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code.
Articles L. 211-4, L. 211-5 and L. 211-12 of this code as well as article 1641 are reproduced in the appendix.
For this purpose, requests must be sent by Registered Letter with Acknowledgment of Receipt to the following address:
Jardin-affaires.com
After-Sales Service
2 rue du moulin des Arts
78550 HOUDAN
And must include:
- the Buyer's contact details;
- the product references;
- the reasons for the complaint.
The Company draws the buyer's attention to the fact that this warranty excludes the replacement of products whose wear is normal or due to abnormal or inappropriate use (the Buyer must in particular respect the instructions for use and the conditions of maintenance and cleaning of the products, as indicated on the label, on the manufacturer's website or on the website (www.jardin-affaires.com).
The articles relating to the legal guarantee are reproduced at the end of these general terms and conditions of sale.
Responsibility
The Company's liability for delivered products, including under applicable contractual or legal warranties, is limited to the price of defective or non-conforming products. The Company cannot be held liable for direct or indirect damages or any other financial losses suffered by the Buyer or a third party.
The products offered comply with French legislation in force. In case of delivery outside France, the Company's liability cannot be engaged in case of non-compliance with the legislation of the country where the products are delivered.
The Company cannot be held responsible for the non-delivery of a product due to stock shortage, unavailability, discontinuation of production by the manufacturer or force majeure. The Company therefore declines all responsibility for any indirect damages such as loss of operation, loss of profit, loss of opportunity, miscellaneous damages or expenses.
9. RETENTION OF TITLE
The delivered goods remain the property of The Company until full payment of their price. Failure to pay may result in the reclamation of goods. However, the transfer of risk of loss or damage passes to the buyer upon delivery of the products.
10. INTELLECTUAL PROPERTY
All texts, comments, works, illustrations and images reproduced on the website www.jardin-affaires.com are reserved under copyright law as well as Intellectual Property rights worldwide.
As such and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorized, subject to different or even more restrictive provisions of the Industrial Property Code. Any other use constitutes counterfeiting and is sanctioned under Industrial Property law unless prior authorization is obtained from the Company.
11. DATA PROTECTION
In accordance with the General Data Protection Regulation (GDPR - EU) No. 2016/679 of 27 April 2016 on the protection of personal data, we inform you of the collection (nature of data and processing) and the purpose of processing on the page accessible through this link: PRIVACY POLICY.
The Buyer has the right to access, rectify and delete their personal data. Thus, for any addition or correction, simply send The Company the new data by email using our contact form or by letter to the following address:
Jardin-affaires.com
2 Rue du Moulin des Arts
78550 HOUDAN
The Company undertakes not to communicate the Buyer's personal data to third parties.
12. FORCE MAJEURE
In case of partial or total non-performance of its obligations, caused within the framework of a force majeure event, The Company will not be held responsible.
According to the provisions of Article 1148 of the Civil Code, force majeure occurs in a context of unpredictability and irresistibility.
Expressly, are notably considered as cases of force majeure:
- Strikes, in particular: strikes of transport means, communication or postal services, regulatory restrictions, attacks...;
- Floods, fires, lightning, natural disasters....
13. MODIFICATION OF THE GENERAL TERMS OF SALE
THE COMPANY reserves the right to modify these General Terms and Conditions of Sale at any time.
These modifications are immediately applicable. However, they will not apply to ongoing orders, i.e., orders that have been paid for by the Buyer.
Any other General Terms and Conditions of Sale produced by the Buyer will have no legal value and cannot engage the responsibility of the Company.
14. APPLICABLE LAW
This contract is subject to French law.
The language of this contract is French.
In accordance with ordinance 2015-1033 of 20 August 2015 and Decree No. 2015-1382 of 30 October 2015 relating to the mediation of consumer disputes, any consumer has the right to use the mediation service offered by The Company free of charge, as long as a consumer-related dispute could not be resolved amicably with the Customer Service.
The consumer law mediator thus proposed is CMAP (Centre de Médiation et d'Arbitrage de Paris).
This mediation service can be contacted by connecting to the website www.cmap.fr, or by post at 39 Av. Franklin Delano Roosevelt – 75008 PARIS.
In the absence of agreement between the parties, the dispute may be brought before the competent court.
Mediation of disputes does not apply to disputes between professionals. In the absence of an amicable settlement, any dispute with a professional client will be brought before the commercial court of PARIS.
15. SAFETY AND RISK INSTRUCTIONS
Inherent to our products, the buyer as well as the user agrees to respect:
· The technical characteristics of the product offered for sale and the type of use for which this product is intended.
· Information about potential risks inherent in the use of products and the necessity to use, where appropriate, personal protective equipment available on our site.
· The instructions for start-up, use, maintenance and safety to be respected with reference to the user manual supplied with the product.
· The obligation to be an adult over 18 years of age.
· The obligation to read the user manual before first use and to comply with all instructions therein each time the machine is used.
· The obligation to transmit the user manual and all necessary information before any use if the machine is entrusted to a third party by the buyer.
· Your machine was delivered with the user manual, and we advise you to read it carefully. However, if for any reason you did not receive this manual in your package, please let us know before using your machine at contact@jardins-affaires.com
APPENDICES
Article L211-15
The commercial warranty means any contractual commitment by a professional to the consumer for the refund of the purchase price, replacement or repair of the goods, in addition to their legal obligations to guarantee the conformity of the goods.
The commercial warranty is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor and reproduces Article L. 211-16.
Furthermore, it clearly and precisely states that, independently of the commercial warranty, the seller remains bound by the legal warranty of conformity mentioned in articles L. 211-4 to L. 211-13 of this code and that relating to defects in the item sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code. Articles L. 211-4, L. 211-5 and L. 211-12 of this code as well as article 1641 and the first paragraph of article 1648 of the civil code are reproduced in full.
In case of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to invoke it.
Article L211-16
When the buyer requests from the seller, during the course of the commercial warranty granted to them at the time of purchase or repair of a movable good, a repair covered by the warranty, any period of immobilisation of at least seven days shall be added to the remaining warranty period. This period starts from the buyer's request for intervention or from the time the good in question is made available for repair, if this availability is subsequent to the request for intervention.
Provisions of the Consumer Code relating to the Legal Guarantee of Conformity:
Article L211-4
The seller is required to deliver goods that conform to the contract and is responsible for any lack of conformity existing at the time of delivery.
The seller is also responsible for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made their responsibility by the contract or was carried out under their responsibility.
Article L211-5
To comply with the contract, the goods must:
1° Be fit for the purpose normally 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;
- have the qualities that a buyer can legitimately expect given the public statements made by the seller, producer or their representative, particularly in advertising or labeling;
2° Or have the characteristics mutually agreed upon by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-6
The seller is not bound by public statements made by the producer or their representative if it is established that they did not know about them and were legitimately not in a position to know about them.
Article L211-7
Lack of conformity that appears within six months from the delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.
For goods sold second-hand, the duration mentioned in the first paragraph of this article is reduced to six months
The seller can challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L211-8
The buyer has the right to demand that the goods conform to the contract. However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect originates from materials that he himself supplied.
Article L211-9
In case of lack of conformity, the buyer chooses between repair and replacement of the good.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost manifestly disproportionate to the other option, taking into account the value of the goods or the importance of the defect. The seller is then required to proceed, unless impossible, according to the method not chosen by the buyer.
Article L211-10
If repair and replacement of the good are impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded.
The same option is open to him:
1° If the solution requested, proposed or agreed upon in application of Article L. 211-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use sought.
However, the sale cannot be cancelled if the lack of conformity is minor.
Article L211-11
The application of the provisions of articles L. 211-9 and L. 211-10 is free of charge for the buyer.
These same provisions do not prevent the allocation of damages.
Article L211-12
The action resulting from lack of conformity lapses two years after delivery of the goods.
Article L211-13
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or non-contractual nature recognized by law.
Article L211-14
The right of recourse may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code.
Articles of the Civil Code relating to the warranty for defects in the item sold:
Article 1641
The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or which so impair that use that the buyer would not have acquired it, or would have given only a lesser price, had they known about them.
Article 1642
The seller is not liable for apparent defects of which the buyer could have convinced himself.
Article 1642-1
The seller of a building to be constructed cannot be discharged, either before the acceptance of the work, or before the expiration of a period of one month after the purchaser has taken possession, from construction defects or conformity defects that are apparent at that time.
There shall be no termination of the contract or reduction in price if the seller undertakes to repair.
Article 1643
The seller is liable for hidden defects, even if they were not aware of them, unless, in this case, they have stipulated that they will not be bound by any warranty.
Article 1644
In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and having a portion of the price refunded, as determined by experts.
Article 1645
If the seller knew of the defects in the item, they are liable, in addition to the restitution of the price they received, for all damages to the buyer.
Article 1646
If the seller was unaware of the defects in the item, they will only be required to return the price and reimburse the buyer for the expenses occasioned by the sale.
Article 1646-1
The seller of a building to be constructed is bound, from the acceptance of the works, by the obligations for which architects, contractors and other persons linked to the client by a contract for the hire of work are themselves bound pursuant to Articles 1792, 1792-1, 1792-2 and 1792-3 of this code.
These warranties benefit successive owners of the property.
There will be no grounds for termination of the sale or reduction in price if the seller undertakes to repair the damages defined in articles 1792, 1792-1 and 1792-2 of this code and to assume the guarantee provided for in article 1792-3.
Article 1647
If the defective item has perished due to its poor quality, the loss is borne by the seller, who will be liable to the buyer for the restitution of the price and other compensation explained in the two preceding articles.
But loss occurring by chance will be at the buyer's expense.
Article 1648
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be discharged from apparent defects or non-conformities.
Article 1649
It does not take place in sales made by authority of justice.