Terms of Sales
ARTICLE 1: OBJECT
1.1 The purpose of these general conditions is to define the rights and obligations of the buyer (the Customer) of any of the products (the Product) marketed, via the website accessible at the address sse www.lesjardinsdaissa.com (the Site), by the seller designated below (the Seller):») :
THE GARDENS OF AISSA
6 Jardins de Marquetiere 38120 Le Fontanil Cornillon - France,
Registered in the Grenoble trade and companies register under number 983 307 307
And whose customer service is accessible by email at infos@lesjardinsdaissa.com and by telephone at +33 (0)4 76 08 04 52
1.2 These general conditions form all the contractual provisions (the Contract) governing, in this context, the relationship between the Seller and the Customer (the Parties). »).
1.3 Complete completion of the ordering process referred to in Article 2 implies full acceptance of these general conditions concomitantly communicated to the Customer.
ARTICLE 2 - PLACING AN ORDER
2.1 Any order for a Product on the Site requires the perfect completion of all of the following steps:
- On the Catalog page of the Site, the Customer must select each desired Product, then add it to their basket by clicking on the + Add to basket button, the Customer can then modify the quantity of each Product thus added to their basket;er ;
- Once the order has been completed, on the My basket page, the Customer must then click on the Validate button to finalize the said order; e ;
- In the next step, the Customer must enter their email address and billing and delivery addresses (if different);
- Finally, at the last step, the Customer must enter their discount code if they have one, select the chosen delivery method, then pay the total amount of their order.
2.2 The Customer is informed of the fact that, before final validation of his order, the Seller offers him the possibility (1) to check the details of said order and its total price, (2) to identify any possible errors made in the entry data and (3) correct them.
2.3 After final validation of the order by the Customer, the Seller acknowledges receipt of said order by sending an email to this effect to the address communicated by the Customer.
ARTICLE 3 - PRICE, BILLING AND PAYMENT
3.1 The prices of Products sold via the Site are indicated in euros and are inclusive of all taxes (including VAT) and excluding delivery costs, the amount of which is mentioned on the Site.e.
3.2 Any Product ordered by the Customer is invoiced by the Seller on the basis of the price including VAT and the delivery costs in effect at the time of complete completion of the ordering process described in Article 2, as mentioned on that date on the site.
3.3 Each invoice issued by the Seller in accordance with the stipulations of Articles 3.1 and 3.2 is payable according to the terms described in Article 2.1.
3.4 The Customer is expressly informed of the fact that no order can be prepared or shipped until its total price has been fully paid.
ARTICLE 4 - DELIVERY
Subject to the stipulations of Article 3.4, the Seller undertakes to deliver, only in France or Europe, to the address indicated by the Customer during the order process referred to in Article 2, on (or on) Product(s) ordered by the Customer within the following maximum deadlines:
- Deliveries in mainland France: 15 working days from the date of the order;
- Deliveries outside mainland France (DOM-TOM, Europe and Senegal): 45 working days from the date of the order.
1.1 The purpose of these general conditions is to define the rights and obligations of the buyer (the Customer) of any of the products (the Product) marketed, via the website accessible at the address sse www.lesjardinsdaissa.com (the Site), by the seller designated below (the Seller):») :
THE GARDENS OF AISSA
6 Jardins de Marquetiere 38120 Le Fontanil Cornillon - France,
Registered in the Grenoble trade and companies register under number 983 307 307
And whose customer service is accessible by email at infos@lesjardinsdaissa.com and by telephone at +33 (0)4 76 08 04 52
1.2 These general conditions form all the contractual provisions (the Contract) governing, in this context, the relationship between the Seller and the Customer (the Parties). »).
1.3 Complete completion of the ordering process referred to in Article 2 implies full acceptance of these general conditions concomitantly communicated to the Customer.
ARTICLE 2 - PLACING AN ORDER
2.1 Any order for a Product on the Site requires the perfect completion of all of the following steps:
- On the Catalog page of the Site, the Customer must select each desired Product, then add it to their basket by clicking on the + Add to basket button, the Customer can then modify the quantity of each Product thus added to their basket;er ;
- Once the order has been completed, on the My basket page, the Customer must then click on the Validate button to finalize the said order; e ;
- In the next step, the Customer must enter their email address and billing and delivery addresses (if different);
- Finally, at the last step, the Customer must enter their discount code if they have one, select the chosen delivery method, then pay the total amount of their order.
2.2 The Customer is informed of the fact that, before final validation of his order, the Seller offers him the possibility (1) to check the details of said order and its total price, (2) to identify any possible errors made in the entry data and (3) correct them.
2.3 After final validation of the order by the Customer, the Seller acknowledges receipt of said order by sending an email to this effect to the address communicated by the Customer.
ARTICLE 3 - PRICE, BILLING AND PAYMENT
3.1 The prices of Products sold via the Site are indicated in euros and are inclusive of all taxes (including VAT) and excluding delivery costs, the amount of which is mentioned on the Site.e.
3.2 Any Product ordered by the Customer is invoiced by the Seller on the basis of the price including VAT and the delivery costs in effect at the time of complete completion of the ordering process described in Article 2, as mentioned on that date on the site.
3.3 Each invoice issued by the Seller in accordance with the stipulations of Articles 3.1 and 3.2 is payable according to the terms described in Article 2.1.
3.4 The Customer is expressly informed of the fact that no order can be prepared or shipped until its total price has been fully paid.
ARTICLE 4 - DELIVERY
Subject to the stipulations of Article 3.4, the Seller undertakes to deliver, only in France or Europe, to the address indicated by the Customer during the order process referred to in Article 2, on (or on) Product(s) ordered by the Customer within the following maximum deadlines:
- Deliveries in mainland France: 15 working days from the date of the order;
- Deliveries outside mainland France (DOM-TOM, Europe and Senegal): 45 working days from the date of the order.
- In the case of delivery to a relay point (Mondial Relay and Colissimo relay point) if the customer does not collect their parcel within the allotted time, we will not make any reimbursement because parcels not claimed at a relay point cannot be processed by us. are not returned.
The customer is informed by email and SMS of the availability of their order at the relay point of their choice and the time allowed to collect their order with their identity document.
ARTICLE 5 - RIGHT OF WITHDRAWAL
5.1 In accordance with the stipulations of Article L. 121-20 of the Consumer Code, the Customer having the status of consumer has a right of withdrawal which he can exercise within a maximum period of fourteen (14) clear days from from delivery of the Product(s) concerned. When this period expires on a Saturday, Sunday or public or non-working holiday, it is extended until the first following working day.
5.2 In order to exercise the right of withdrawal referred to in the first paragraph of Article 5.1, the Customer must send the Seller, within the aforementioned period, an email to this effect to the address infos@lesjardinsdaissa.com. In response, the Seller will send the Customer an email indicating the procedure and return address for the Product(s) concerned.
5.3 In accordance with the stipulations of Article L. 121-20 of the Consumer Code, in the event of exercising the right of withdrawal in accordance with Article 5.2, the Seller reimburses the Customer for all sums paid within the maximum period of thirty (30) clear days from the date on which said right of withdrawal was exercised.
ARTICLE 5 - RIGHT OF WITHDRAWAL
5.1 In accordance with the stipulations of Article L. 121-20 of the Consumer Code, the Customer having the status of consumer has a right of withdrawal which he can exercise within a maximum period of fourteen (14) clear days from from delivery of the Product(s) concerned. When this period expires on a Saturday, Sunday or public or non-working holiday, it is extended until the first following working day.
5.2 In order to exercise the right of withdrawal referred to in the first paragraph of Article 5.1, the Customer must send the Seller, within the aforementioned period, an email to this effect to the address infos@lesjardinsdaissa.com. In response, the Seller will send the Customer an email indicating the procedure and return address for the Product(s) concerned.
5.3 In accordance with the stipulations of Article L. 121-20 of the Consumer Code, in the event of exercising the right of withdrawal in accordance with Article 5.2, the Seller reimburses the Customer for all sums paid within the maximum period of thirty (30) clear days from the date on which said right of withdrawal was exercised.
It is understood that, in this case, the return costs are the responsibility of the Customer.
ARTICLE 6 - GUARANTEES AND LIABILITY
6.1 - Legal guarantees
Under the conditions defined by the regulations in force, the Product(s) supplied by the Seller to the Customer benefit(s):
(1) The guarantee for lack of conformity defined in article 1603 of the Civil Code;
(2) The guarantee against hidden defects defined in articles 1641 et seq. of the Civil Code;
(3) When the Customer has the status of consumer, the guarantee of conformity defined in articles L. 211-4 et seq. of the Consumer Code.
In accordance with article L. 211-15 of the Consumer Code, the stipulations of articles L. 211-4, L. 211-5 and L. 211-12 of the said Code, as well as those of article 1641 and first paragraph of article 1648 of the Civil Code, are reproduced in full below:
- Article L. 211-4 of the Consumer Code:
« 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 L. 211-5 of the Consumer Code:
« 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 latter 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 L. 211-12 of the Consumer Code:
« The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »
- Article 1641 of the Civil Code:
« 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 a lower price, if he had known them. »
- First paragraph of article 1648 of the Civil Code:
« Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
""" 6.2 - Commercial guarantee
Only Products which benefit from a lifetime commercial guarantee which can be implemented by the Customer by formulating, for this purpose, a request for support from customer service whose contact details appear in Article 1.1.
The Customer is expressly informed of the fact that the commercial guarantee stipulated in the preceding paragraph only applies to the Products indicated. The Customer remaining, in any event, solely responsible for their conservation in accordance with the recommendations contained in the instructions for use of the Products.
6.3 Any warranty is excluded in the event of modification, without express authorization of the Seller, of the Products, in the event of use not in accordance with the recommendations appearing in the instructions for use of the Products, negligence or lack of maintenance of the Products, as well as only in the event of an accident not attributable to the Seller or force majeure within the meaning of case law. """
ARTICLE 7 - INTELLECTUAL PROPERTY AND INDUSTRIAL PROPERTY
The domain name www.lesjardinsdaissa.com, as well as all the elements and content appearing on the Site, are the exclusive property of the Seller and are protected, for the entire world, under copyright and intellectual property rights .
Their reproduction, even partial, is strictly prohibited, without prior and express authorization from the Seller.
Under the same conditions, their use is limited to strictly private use.
Any reproduction or any other use constitutes counterfeiting and is punishable as such under the Intellectual Property Code, unless expressly authorized by the Seller.
ARTICLE 8 - PERSONAL DATA
8.1 The communication to the Seller by the Customer, during the order process described in Article 2, of personal data concerning him is necessary for the conclusion and execution of the Contract. These data are collected and processed in accordance with Law No. 78-17 of January 6, 1978, for the purposes of execution of said Contract and the promotion of the Seller's activities, as well as for purely statistical purposes. The Customer is expressly informed of the fact that personal data concerning him or her are not subject to any transfer, whether free of charge or for a fee, to any third party.
8.2 The Seller is responsible for the processing referred to in Article 8.1, said processing having been the subject of a prior declaration to the National Commission for Information Technology and Liberties.
8.3 The Customer has a right of access, a right of rectification and a right of deletion of personal data concerning him. The Customer may also object, for legitimate reasons, to the processing of data concerning him. The Customer may exercise all or part of these rights by sending a letter to this effect to the following address: LES JARDINS D'AISSA - 6 Jardins de Marquetiere - 38120 Le Fontanil Cornillon - France.
ARTICLE 9 - APPLICABLE LAW AND DISPUTES
9.1 The Contract is subject to French law.
9.2 ALL DISPUTES TO WHICH THE CONTRACT COULD GIVE RISE, CONCERNING BOTH ITS CONCLUSION, ITS VALIDITY, ITS INTERPRETATION, ITS EXECUTION, ITS TERMINATION, ITS CONSEQUENCES AND ITS FOLLOW-UP, RELATED TO:
(1) WHEN THE CUSTOMER IS A CONSUMER, FRENCH COURTS COMPETENT UNDER COMMON LAW CONDITIONS;
(2) WHEN THE CUSTOMER DOES NOT HAVE THE QUALITY OF CONSUMER, THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR CALL FOR GUARANTEE, INCLUDING FOR EMERGENCY, PRESERVATORY OR REQUEST PROCEDURES.