General Terms and Conditions
ARTICLE 1 - PREAMBLE
These General Conditions of Sale (hereinafter "CGV") are concluded between on the one hand the company Le Jardin d'Eden CK, EURL with capital of €2,600 registered with the RCS of Colmar, under number 95264123100016, having its head office social at 48 rue du Nord 68000 COLMAR, and on the other hand, any person who has made a purchase from the site www.le-jardin-deden.fr, hereinafter referred to as the “Customer”. Any purchase on the site www.le-jardin-deden.fr (hereinafter the “Site”) automatically entails acceptance of all of these conditions, of which the Customer acknowledges having read prior to his order.
ARTICLE 2 - PURPOSE OF THE CGV
The purpose of these General Terms and Conditions is to define the conditions under which Customers can access the Site and order Le Jardin d'Eden CK products, and to detail the rights and obligations of Le Jardin d'Eden CK and the Customers. They also specify the terms of ordering and payment for the products available for sale on the Site, as well as the conditions of their delivery and return.
The General Conditions of Sale govern the relations between the Customers and Le Jardin d'Eden CK Validation of the order by the Customer constitutes acceptance without restriction or reservation and prior, full and complete acceptance of the General Conditions of Sale.
Le Jardin d’Eden CK reserves the right to modify its General Terms and Conditions at any time. In the event of modification of the latter, the applicable General Terms and Conditions remain those which were in force at the time of the order made by the Customer.
ARTICLE 3 - PRODUCTS
Le Jardin d'Eden CK strives to describe the products offered for sale in the most precise and exact manner possible and undertakes to ensure that the photographs of the products conform as closely as possible to the products which will actually be delivered to Customers. . However, if errors or omissions may have occurred in this presentation, Le Jardin d'Eden CK cannot be held responsible. The Customer accepts that the illustrations and photos of the products supporting the text do not fall within the contractual scope. Under no circumstances can Le Jardin d'Eden CK be held liable on the basis of said illustrations/photos.
The products are offered while stocks last. In the event of unavailability of the products ordered, Le Jardin d'Eden CK undertakes to immediately inform the Customer by email and to offer them products with comparable characteristics or a voucher for the amount of the order. In the event of persistent disagreement with the Customer, Le Jardin d'Eden CK undertakes to reimburse the Customer for the amount of their order.
Any complaint from the Customer regarding the order or delivery of an unavailable item will be considered unfounded.
ARTICLE 4 - PRICE
The sales prices of products online on the Le Jardin d'Eden CK website are indicated in euros and include Value Added Tax (VAT) applicable on the day of the order. Any change in the applicable VAT rate will be automatically reflected in the price of products sold by Le Jardin d'Eden CK on its Site.
These prices do not include shipping costs invoiced in addition to the price of the products purchased under the conditions indicated on the Site and calculated prior to the placing and validation of the order by the Customer. The different shipping methods appear on the Site and may be modified at any time by Le Jardin d'Eden CK
The prices take into account any reductions that may be granted by Le Jardin d'Eden CK on the Site. The payment requested from the Customer corresponds to the total amount of the order, taking into account the costs mentioned above.
Le Jardin d’Eden CK reserves the right to modify its prices at any time without notice.
ARTICLE 5 - ORDER
The Customer fills a virtual basket with the products he has selected. It provides information on the number of copies and, where applicable, the size and color of the desired product. He can then check the details of his order. The Customer can then click on the “order” button and add information relating to delivery and payment methods. It is the Customer's responsibility to verify the accuracy of the order and immediately report any errors.
The Customer must also accept these General Terms and Conditions by clicking where indicated. The Customer then receives an e-mail attesting to receipt of the order by Le Jardin d’Eden CK
Le Jardin d'Eden CK reserves the right to accept or not the modification of a Customer's order after its confirmation and to cancel or refuse any order from a Customer with whom there is a dispute relating to payment. from a previous order.
The order is validated once payment has been received in full by Le Jardin d’Eden CK
ARTICLE 6 – DELIVERY & SHIPPING
Le Jardin d’Eden CK offers several delivery methods:
- in Click & Collect, in its Colmar store (20, rue Rapp 68000 Colmar)
- delivery via Mondial relay, collissimo
The online sales offers presented on the Site are reserved for consumers residing in Metropolitan France, the European Union and Switzerland.
All plant orders will be shipped only once a week, on Mondays & Tuesdays only, with the exception of orders placed via Click'n'Collect and all non-plant products, which are shipped throughout the week. week.
Delivery costs are explicitly specified on the Site before paying for the order. The amount of delivery costs may vary depending on the delivery address of the order, and where applicable the mode of transport selected by the Customer, which the Customer expressly acknowledges and accepts.
The products are delivered to the delivery address indicated by the Customer at the time of the order. The Customer is solely responsible for a delivery failure due to a lack of indication or an error in the address when ordering.
Except in special cases or unavailability of one or more products, the products ordered will be delivered in one go.
Delivery times for an order depend on the delivery method chosen by the Customer and are indicated on the Site at the time of the order. They include its preparation, shipping and delivery to the delivery address indicated by the Customer. Delivery times exclude Saturdays, Sundays and public holidays.
Le Jardin d'Eden CK uses external service providers (carriers, postal services, etc.) for the delivery of products, Le Jardin d'Eden CK is entirely dependent on these third-party service providers. The delivery times indicated on the Site may thus be impacted by the service providers without Le Jardin d'Eden CK being responsible for these delivery delays and the consequences that could result from them.
Le Jardin d'Eden CK undertakes to make its best efforts to deliver the products ordered by the Customer within the specified deadlines. However, these deadlines are communicated for informational purposes only.
If the products ordered have not been delivered within two (2) months after the indicative delivery date and for any reason other than force majeure or the Customer's actions, the sale may be canceled at the written request of the Customer. Customer under the conditions provided for in articles L.216-2 and L.216-3 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of termination of the contract, excluding any compensation or withholding.
The Customer is required to check the condition of the packaging and the products delivered upon delivery. He has 24 hours from delivery to submit complaints by e-mail to contact@le-jardin-deden.fr, accompanied by all relevant supporting documents (in particular photos and/or videos). After this period and failing to have respected this procedure, the products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by Le Jardin d'Eden CK
Le Jardin d'Eden CK will reimburse or replace as soon as possible and at its expense the products delivered whose lack of 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 Terms and Conditions.
In the event of the recipient's absence and the package being placed on hold, Le Jardin d'Eden CK cannot be held responsible for the final quality of the delivery if the recipient delays collecting their package from the services concerned.
ARTICLE 7 - PAYMENT
Once the order has been validated and the T&Cs accepted, the Customer then pays on the Site by secure payment method, by credit card via the secure gateway……… or by PayPal. The price is payable in cash and in full on the day the order is placed by the Customer.
The Site has a secure online payment system. The Customer's banking data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the Site and is not kept by Le Jardin d'Eden CK
Payments made by the Client will only be considered final after effective collection of the sums due by Le Jardin d'Eden CK
In the event of abusive practices or fraudulent appearance, Le Jardin d'Eden CK reserves the right to carry out checks on orders, and to request certain documents and information concerning the Customer in order to validate the order.
The transfer of ownership of Le Jardin d'Eden CK products to the Customer will only be made after full payment of the price by the latter, regardless of the delivery date of said products.
ARTICLE 8 - RIGHT OF WITHDRAWAL
Under article L.221-28 of the Consumer Code, the right of withdrawal does not apply to goods likely to deteriorate or expire, such as plants. The Customer does not benefit from the right of withdrawal when ordering plants on the Site.
However, concerning products other than plants sold on the Site (non-perishable) and application of articles L.221-5 et seq. of the Consumer Code, the Customer has a period of fourteen (14) days from day of receipt of the product to exercise the right of withdrawal and request an exchange or refund of any unsuitable product, with the exception of return costs which remain the responsibility of the Customer.
The right of withdrawal can be exercised by e-mail to the address contact@le-jardin-deden.fr or by post addressed to Le Jardin d'Eden CK at the postal coordinates indicated in article 1 of these General Terms and Conditions by means of an unambiguous declaration of withdrawal expressing the desire to withdraw.
Returns must be made in their original LE and complete (packaging, accessories, instructions, etc.), allowing their immediate re-marketing. Damaged, soiled or incomplete products will not be returned. Le Jardin d'Eden CK will only reimburse returned products when they have actually been received and their new condition has been verified.
The exchange (subject to available stocks) or refund will be made within fourteen (14) days from receipt by Le Jardin d'Eden CK of the products returned by the Customer under the conditions provided for in article L.221-24 of the Consumer Code.
ARTICLE 9 - TRANSFER OF PROPERTY
The transfer of ownership of Le Jardin d'Eden CK products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the delivery date of said products.
ARTICLE 10 - INTELLECTUAL PROPERTY
All visual, textual and audio elements on the website www.le-jardin-deden.fr are the exclusive property of Le Jardin d'Eden CK Any reproduction or representation of the Le Jardin d'Eden CK brand without agreement is prohibited and punishable by law.
ARTICLE 11 - RESPONSIBILITIES
Le Jardin d'Eden CK cannot be held responsible for any events, inconveniences or damages inherent in the use of the Internet network, particularly in the event of service interruption, external intrusion or the presence of computer viruses.
Furthermore, Le Jardin d'Eden CK cannot be held responsible for non-performance of the contract concluded in the event of a fortuitous situation, force majeure, disruption or total or partial strike, particularly of postal services and means of transport and/or or communication, flood, fire. Le Jardin d'Eden CK will not incur any liability for any indirect damage as a result of this, operating losses, loss of profits, damages or costs which may arise.
ARTICLE 12 - LEGAL GUARANTEES
The products sold on the Site are subject to:
- the legal guarantee of conformity (articles L.217-4 et seq. of the Consumer Code) for defective, damaged or damaged products or those that do not correspond to the order,
- the guarantee against hidden defects (articles 1641 et seq. of the Civil Code) resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,
Allowing Customers to request reimbursement or replacement of defective and non-compliant products.
In order to assert his rights, the Customer must inform Le Jardin d'Eden CK in writing (e-mail or post) of the non-conformity of the products or the existence of hidden defects as soon as they are discovered.
In the event of a lack of conformity or hidden defect proven and noted by Le Jardin d'Eden CK, the Customer may obtain a refund or replacement of the product concerned. Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.
Refunds or replacements for products deemed non-compliant or defective will be made as soon as possible and at the latest within fifteen (15) days following Le Jardin d'Eden CK's observation of the lack of conformity or hidden defect.
ARTICLE 13 - PERSONAL DATA
Le Jardin d'Eden CK places particular importance on the protection of the personal data of users visiting the Site. In accordance with GDPR regulations, Le Jardin d'Eden CK is committed to respecting the privacy and protecting the personal data of Customers and visitors to the Site.
When the Customer makes a purchase or creates an account on the site www.le-jardin-deden.fr, Le Jardin d'Eden CK collects personal information necessary for the management of the order and delivery of the package such as name and first name, email address, postal address and telephone number. Le Jardin d’Eden CK does not collect any banking data. Banking information is processed and stored securely by external payment service providers.
Le Jardin d'Eden CK does not communicate or trade in Customers' personal data.
At the order stage on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to place orders.
The various personal data are not kept for longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.
In accordance with the regulations applicable to personal data, the Customer has the right to access, modify and delete his personal data. Each Customer is also entitled to request a limitation of the processing of their data and also has a right to data portability as well as a right to object to the processing of personal data concerning them.
The Customer can exercise these rights by contacting Le Jardin d'Eden CK at the following address: 48 rue du Nord 68000 Colmar or by e-mail at contact@le-jardin-deden.fr.
ARTICLE 14 - CUSTOMER SERVICE AND After-sales service
For any complaints or requests for information relating to these General Terms and Conditions, you can contact Le Jardin d’Eden CK Customer Service free of charge:
-by e-mail to: contact@le-jardin-deden.fr
- by mail: Le Jardin d’Eden CK EURL, 48 rue du Nord 68000 COLMAR
ARTICLE 15 - APPLICABLE LAW
These General Terms and Conditions are written in French and subject to French law. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
ARTICLE 16 - JURISDICTION JURISDICTION
In the event of a dispute relating to an order, the Customer will contact Le Jardin d'Eden CK as a priority to obtain an amicable solution by e-mail to the address contact@le-jardin-deden.fr.
The Customer is informed that he can in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution (ODR) platform, facilitating the independent out-of-court settlement of online disputes. between consumers and professionals in the European Union.
In the absence of an amicable outcome and whatever the origin of the conflict, disputes relating to the execution or interpretation of these General Terms and Conditions will be submitted to the competent courts of Paris, unless otherwise mandatory.