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 anyone to access the product and service offers put online by the company.

1. FIELDS OF APPLICATION

The purpose of these General Conditions of Sale "CGV" is 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 social 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 General Terms and Conditions by the User, without the need for a handwritten signature.

They are made available on the site and are printable.

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 only established 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 his 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 the right to no obligation or compensation.

Access to certain features of the Site requires registration, or the creation of a personal account. Account access credentials consist of a valid email address and a strictly confidential password. The user undertakes to provide accurate information regarding his identity, address and other data necessary for access to the Site, and to keep it 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 validity period 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 functionalities of the Site. For their part, the User can delete their 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, automatically terminate or suspend, without notice and without prior notification, their personal account and proceed to its deactivation. in the event of a violation hereof.

To purchase on the Site, the Buyer must be:

-          A natural person aged at least 18 years old, guaranteed to have legal capacity or to be in possession of parental authorization allowing them to freely place orders on the site, having a valid delivery address in France;

-          A legal entity, whose authorized person must mention information relating to their identity (Last name-First name), that of their legal representative if applicable, their company name, their SIRET or identification number, their registered office address , his telephone number, his email address.

The Site may implement an automatic tracking process (cookie) which the participant can prevent by modifying the settings of their computer in accordance with the instructions provided on the site. However, certain 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 present on the site are offered for sale while stocks last and for offers, until the end of their validity.

The Company undertakes to make every effort to ensure that the items offered for sale are in stock and available for shipment. However, the presence of an article on the site cannot guarantee its availability. In the event of unavailability of a product after validation of the order, the Company undertakes to keep the buyer informed as soon as possible and to reimburse within a maximum period 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 enter into the contractual scope. Consequently, although represented on the site with the greatest precision, the photos and texts may, however, contain errors. In this case, the Company cannot be held liable.

Order validation

The order is firm for the Buyer upon validation of the order. The order is firm for the Company from validation of payment and confirmation that the order has been taken into account.

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 the modifications he wishes.

The order will only be definitively registered after providing the various information 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 taking into account of the order is confirmed by sending an automatically generated e-mail to the e-mail address indicated when creating the customer account. The Buyer receives an email containing a link allowing him to access his 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 limiting fraud, the Company reserves the right, to accept the sale, to ask the Buyer to prove their identity and place of residence, and the means of payment used. In this case, the order will be processed from receipt of the documents mentioned. 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 sales prices of the products offered on the Site, indicated in Euros, are those in force at the time the order is registered by the Buyer. The prices displayed on third-party websites (comparators, 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 has the right at any time to update, improve its files or withdraw its products from sale.

Sale prices do not include shipping costs. They are indicated during the purchasing process and summarized before 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 GUARANTEE 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 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.

As such, 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;

-          product references;

-          the reasons for the complaint.

The Company draws the buyer's attention to the fact that this guarantee 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 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 conditions of sale.

Responsibility

The Company's liability for the products delivered, including within the framework of applicable contractual or legal guarantees, is limited to the price of the defective or non-compliant products. The Company cannot be held responsible for compensation for direct or indirect damage or any other financial loss 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 cannot be held responsible for the non-delivery of a product due to stock shortages, unavailability, cessation of production by the manufacturer or force majeure. The Company therefore declines all liability for any indirect damage such as operating loss, loss of profit, loss of opportunity, damage or miscellaneous costs.

9. RESERVATION OF OWNERSHIP

The delivered goods remain the property of The Company until full payment of their price. Failure to pay may result in the goods being claimed. The transfer of risks of loss or deterioration nevertheless occurs in the hands of the buyer from 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 as well as under Intellectual Property and for the entire world.

As such and in accordance with the provisions of the Intellectual Property Code, only use for private use, subject to different or even more restrictive provisions of the Industrial Property Code, is authorized. Any other use constitutes counterfeiting 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)  n°2016/679 of April 27, 2016 relating to the protection of personal data, we inform you of the collection (nature of the data and processing) and  of the purpose of the processing on the page accessible by this link: CONFIDENTIALITY POLICY.

The Buyer has the right to access, rectify and delete his personal data. Therefore, for any addition or rectification, simply send the Company the new data by email using our contact form or by letter to the addressfollowing:

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 as part of 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.

Expressly, the following are considered as cases of force majeure:

-          Strikes, in particular: strikes on 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 modifications are immediately applicable. However, they will not be applicable to orders in progress, that is to say orders for which payment has been made 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 agreement is subject to French law.

The language of this contract is French.

In accordance with Ordinance 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. , as soon as a dispute related to consumption cannot be resolved amicably with Customer Service.

The consumer law mediator thus proposed is CMAP (Paris Mediation and Arbitration Center).

This mediation system 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 PARIS commercial court.

 

15. SAFETY AND RISK INSTRUCTIONS

Inherent in our products, the buyer as well as the user undertakes 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 start-up, use, maintenance and safety instructions to be followed with reference to the instructions for use supplied with the product.

·      The obligation to be an adult over 18 years old.

·      The obligation to read the instructions for use before first use and to comply with all the instructions contained therein each time you use the machine.

·      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. If, however, for one reason or another you have not received this notice in your package, please let us know before using your machine at contact@jardins-affaires.com
 

APPENDICES

 

Article L211-15

The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to reimbursement of the purchase price, replacement or repair of the good, in addition to its legal obligations aimed at guaranteeing conformity 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 extent as well as the name and address of the guarantor and reproduces Article L. 211-16.

In addition, it clearly and precisely mentions that, independently 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 take advantage of this

Article L211-16

When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of At least seven days are added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available 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 in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

Article L211-5

To comply with the contract, the property must:

1° Be suitable for the use usually expected of similar goods and, where applicable:

- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model ;

- present the qualities that a buyer can legitimately expect having regard to the public declarations 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 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 the public declarations of 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

Defects of conformity which appear within six months of delivery of the goods are presumed to exist 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 combat 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. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials 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 results in a cost that is clearly disproportionate with regard to the other method, taking into account the value of the goods or the importance 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 can 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 pursuant to article L. 211-9 cannot be implemented within one month following the buyer's complaint ;

2° Or if this solution cannot be done without major inconvenience for him given the nature of the property and the use he is seeking.

However, the sale cannot be canceled 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 without any cost for the buyer.

These same provisions do not prevent the award of damages.

Article L211-12

The action resulting from the lack of conformity is prescribed 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 redhibitory 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 to him by the law.

Article L211-14

Recursive action may be taken 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 guarantee of defects in the thing sold:

Section 1641

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them.

Section 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, neither before receipt of the work, nor before the expiration of a period of one month after the purchaser takes possession, of construction defects or defects. 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 is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.

Section 1644

In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price returned, as will be arbitrated by experts. .

Article 1645

If the seller knew of the defects in the item, he is liable, in addition to restitution of the price he received, for all damages owed to the buyer.

Article 1646

If the seller is unaware of the defects in the item, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale.

Article 1646-1

The seller of a building to be constructed is bound, from receipt of the work, to the obligations of 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 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.

Section 1647

If the thing which had defects perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for restitution of the price and other compensation explained in the two previous articles.

But the loss occurring by fortuitous event will be for the account of the buyer.

Section 1648

Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from apparent defects or lack of conformity.

Section 1649

It does not take place in sales made by legal authority.