General conditions of use and general conditions of sale of the website www.jardin-affaires.com- Last updated on27.08.2021
The sitewww.jardin-affaires.com(hereinafter 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 capital of €300,000, registered with the RCS of VERSAILLES under number 832 901 441, whose head 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 its use, entail the unreserved acceptance of the GTC and the GTC by the User, without the need for a handwritten signature.
They are made available on the site and can be printed.
They may be modified at any time, unilaterally by the Company, in particular in order to comply with legal, jurisprudential, editorial and/or technical developments.
These general conditions of sale are established only in French and subject to French law.
2. CONDITIONS OF ACCESS AND REGISTRATION
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 the User's responsibility. He is solely responsible for the proper functioning and protection of his computer equipment, the data stored on his equipment and his access to the internet.
The Company reserves the right to suspend or interrupt without notice, at any time and for the duration it deems necessary, in order to ensure maintenance or for any other reason, without this interruption giving rise to any obligation or compensation.
Access to certain features of the Site requires registration, or the creation of a personal account. The account access identifiers consist of a valid email address and a strictly confidential password. The user agrees to provide accurate information regarding his identity, address and other data necessary for access to the Site, and to keep them up to date. He is solely responsible for the protection of this information and its use.
The Company makes its best efforts to ensure the security and confidentiality of the data transmitted.
The period of validity of the registration and/or account is indefinite. The User expressly acknowledges that the Company may, automatically and without notice or compensation, terminate all or part of the functionalities of the Site. For its part, the User may delete its personal account by making a request via the contact form.
In the same way, the Company may delete, without prejudice to any damages or action against a User, terminate automatically or suspend, without notice and without prior notification, his personal account and proceed to its deactivation in the event of a violation of these terms and conditions.
To purchase on the Site, the Buyer must be:
- A natural person aged at least 18 years, guaranteeing to have the legal capacity or to be in possession of parental authorization allowing him to freely place orders on the site, having a valid delivery address in France;
- A legal entity, whose authorized person must provide information relating to their identity (First name-Last name), that of their legal representative where applicable, their company name, their SIRET or identification number, their head office address, their telephone number, their email address.
The Site may implement an automatic tracking process (cookie) which the participant can prevent by modifying the parameters of his 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 items and promotional offers on the site are offered for sale within the limits 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 shipment. However, the presence of an item on the site cannot guarantee its availability. In the event that a product is unavailable after validation of the order, the Company undertakes to inform the buyer as soon as possible and to provide a refund within a maximum of 30 days. The replacement or refund of the initial order extinguishes any claim on the part of the Buyer.
The photographs and texts illustrating the articles are given for information purposes only and do not form part of the contractual field. Consequently, although represented on the site with the greatest precision, the photos and texts may, however, contain errors. In this case, the liability of the Company cannot be engaged.
Order validation
The order is firm for the Buyer upon validation of the order. The order is firm for the Company upon validation of the payment and confirmation of receipt of the order.
During each order validation, the Buyer will be directed to their account via a secure connection recalling the contents of their order.
The Client, before validation, can thus view the latter and make any modifications they wish.
The order will only be definitively registered after the various information has been entered and final validation. When the Buyer validates the order by selecting a payment method and accepting the general conditions of sale, the order is deemed definitively concluded (agreement on the goods and the price).
The "click" on the button: "VALIDATE MY ORDER", after having accepted these general conditions of sale, constitutes an electronic signature on the part of the customer. This electronic signature has the value of a handwritten signature between the Parties.
The order 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 relating to the payment of a previous order.
For reasons of fraud limitation, the Company reserves the right, in order to accept the sale, to ask the Buyer to prove his identity and place of residence, and the means of payment 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 in the absence of receipt of these supporting documents or in the event of receipt of supporting documents deemed non-compliant.
4. PRICE
Product Prices
The sale prices of the products offered on the Site, indicated in Euros, are those in effect at the time the order is registered by the Buyer. The prices displayed on third-party websites (comparison sites, partners, etc.) will have no legitimacy when the buyer orders the products on the Site.
By default, the prices indicated on the site include Value Added Tax and are marked “TTC”.
The prices appearing 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 entitled to update, improve its data sheets or withdraw its products from sale at any time.
The sales prices do not include shipping costs. They are indicated during the purchasing 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 & reception".
7. RIGHT OF WITHDRAWAL
Please refer to the article "Returns".
8. LEGAL WARRANTY AND LIABILITY
Guarantees
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 thing 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 Internet site (www.jardin-affaires.com).
The articles relating to the legal guarantee are reproduced at the end of these general conditions of sale.
Responsibility
The Company's liability for the products delivered, including under applicable contractual or legal guarantees, is limited to the price of the defective or non-compliant products. The Company shall not be liable for compensation for direct or indirect damage or any other financial losses suffered by the Buyer or a third party.
The products offered comply with current French legislation. In the event of delivery outside France, the Company cannot be held liable in the event of non-compliance with the legislation of the country where the products are delivered.
The Company shall not be held liable for the non-delivery of a product due to stock shortage, unavailability, production stoppage at the manufacturer or force majeure. The Company therefore declines all liability for any indirect damages such as loss of business, loss of profit, loss of opportunity, damages or miscellaneous costs.
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 goods being reclaimed. The transfer of risks of loss or deterioration is nevertheless carried out in the hands of the buyer from the delivery of the products.
10. INTELLECTUAL PROPERTY
All texts, comments, works, illustrations and images reproduced on the site www.jardin-affaires.com are reserved under copyright and intellectual property law throughout the world.
As such and in accordance with the provisions of the Intellectual Property Code, only use for private purposes, subject to different or even more restrictive provisions of the Industrial Property Code, is authorized. Any other use constitutes infringement and is punishable 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 April 27, 2016 relating to the protection of personal data, we inform you of the collection (nature of data and processing) and of the purpose of the processing on the page accessible via this link: PRIVACY POLICY.
The Buyer has the right to access, rectify and delete his/her personal data. Thus, for any addition or rectification, it is sufficient to send the Company the new data by email using our contact form or by letter to the addressnext sse:
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 MAJEUR
In the event of partial or total non-performance of its obligations, caused by a case of force majeure, the Company will not be liable.
According to the provisions of Article 1148 of the Civil Code, force majeure occurs in a context of unpredictability and irresistibility.
The following are expressly considered to be cases of force majeure:
- Strikes, in particular: strikes in means of transport, communication or postal services, regulatory restrictions, attacks, etc.;
- Floods, fires, lightning, natural disasters...
13. MODIFICATION OF THE GENERAL CONDITIONS OF SALE
THE COMPANY reserves the right, at any time, to modify these General Conditions of Sale.
These changes are immediately applicable. However, they will not be applicable to current orders, i.e. orders that have been paid for by the Buyer.
Any other General Conditions of Sale produced by the Buyer will have no legal value and cannot engage the liability of the Company.
14. APPLICABLE LAW
This contract is subject to French law.
The language of this contract is French.
In accordance with Order 2015-1033 of August 20, 2015 and Decree No. 2015-1382 of October 30, 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, if a consumer-related dispute cannot be settled amicably with Customer Service.
The consumer law mediator thus proposed is CMAP (Paris Mediation and Arbitration Center).
This mediation device can be reached by connecting to the site www.cmap.fr, or by post to the address 39 Av. Franklin Delano Roosevelt – 75008 PARIS.
In the absence of agreement between the parties, the dispute may be brought before the competent court.
Dispute mediation 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 and the user agree to respect:
· The technical characteristics of the product offered for sale and the type of use for which this product is intended.
· Information on the potential risks inherent in the use of the products and the need to use, where appropriate, personal protective equipment available on our site.
· The instructions for start-up, use, maintenance and safety to be followed 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 the instructions contained 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 some reason you did not receive this manual in your package, please let us know before using your machine at contact@jardins-affaires.com
ANNEXES
Article L211-15
The commercial guarantee means any contractual commitment made by a professional to the consumer with a view to the reimbursement of the purchase price, the replacement or the repair of the good, in addition to its legal obligations aimed at guaranteeing the conformity of the good.
The commercial guarantee 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, regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 211-4 to L. 211-13 of this code and that relating to defects in the thing 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 the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to rely on it
Article L211-16
When the buyer requests the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision 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 liable for any lack of conformity existing at the time of delivery.
It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under its responsibility by the contract or has been carried out under its responsibility.
Article L211-5
To comply with the contract, the property must:
1° Be suitable for 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 latter presented to the buyer in the form of a sample or model ;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling ;
2° Or present 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 which the latter has accepted.
Article L211-6
The seller is not bound by public statements made by the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.
Article L211-7
Any lack of conformity which appears within six months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.
For goods sold second-hand, the period mentioned in the first paragraph of this article is reduced to six months.
The seller may challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity claimed.
Article L211-8
The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew or could not be unaware of when he contracted. The same applies when the defect originates in the materials that he himself supplied.
Article L211-9
In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He 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 goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed 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 achieved without major inconvenience for the latter taking into account the nature of the property and the use that he is seeking.
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 takes place at no cost to the buyer.
These same provisions do not prevent the allocation of damages.
Article L211-12
The action resulting from the lack of conformity is prescribed by two years from the 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 extra-contractual nature which is recognized by law.
Article L211-14
The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the civil code.
Articles of the Civil Code relating to the guarantee of defects in the thing sold:
Article 1641
The seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1642
The seller is not liable for apparent defects of which the buyer was able to convince himself.
Article 1642-1
The seller of a building to be constructed cannot be discharged, either before acceptance of the works or before the expiry of a period of one month after the purchaser takes possession, from construction defects or lack of conformity then apparent.
There will be no reason to terminate the contract or reduce the price if the seller undertakes to repair.
Article 1643
He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
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 of keeping the item and having part of the price refunded, as will be arbitrated by experts.
Article 1645
If the seller knew of the defects in the item, he is liable, in addition to the restitution of the price he received for it, for all damages and interest to the buyer.
Article 1646
If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.
Article 1646-1
The seller of a building to be constructed is bound, from the receipt of the works, by the obligations for which architects, contractors and other persons linked to the project owner by a work rental contract are themselves bound in application of articles 1792, 1792-1, 1792-2 and 1792-3 of this code.
These guarantees benefit the successive owners of the building.
There will be no reason to cancel the sale or reduce the price if the seller undertakes to repair the damage 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 thing which had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and the other compensation explained in the two preceding articles.
But the loss caused by fortuitous event will be for the account of the buyer.
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 one year following the date on which the seller can be discharged from apparent defects or lack of conformity.
Article 1649
It does not apply to sales made by authority of the courts.