Terms and conditions
1. SUBJECT OF CONTRACT
These general terms and conditions of sale are intended to define the rights and obligations of ANDRÉE JARDIN and the Customer of products presented by ANDRÉE JARDIN on its website www.andreejardin.fr (hereinafter "the Site"). They apply exclusively between BROSSERIE JULIO, 1 rue Pasteur 44119 Treillières, Siret: 87080004200034 and any natural person visiting or making a purchase via said Site (hereinafter "the Customer").
On the Site, ANDRÉE JARDIN allows the Customer to order ANDRÉE JARDIN brand products online (hereinafter "the Product(s)") in accordance with these terms and conditions.
Any order placed with ANDRÉE JARDIN therefore implies the Customer's unconditional acceptance of these terms and conditions. These terms and conditions may be modified at any time and without prior notice by ANDRÉE JARDIN, the applicable terms and conditions being those in effect at the date of the Customer's order.
These general terms and conditions of sale are permanently accessible at the following address
https://andreejardin.fr/pages/cgv in a computer format that allows them to be printed and/or downloaded, so that the Client can reproduce or save them.
2. PRODUCTS AND COMPLIANCE
2.1. The Products offered for sale are presented on the ANDRÉE JARDIN website with a description.
2.2. The Products offered by ANDRÉE JARDIN comply with the standards applicable in France.
Items such as photographs, texts, graphics and all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges.
Consequently, ANDRÉE JARDIN shall not be held liable for any errors or omissions in any of these elements or for any changes in these elements by suppliers and/or publishers.
The products in the "End of series" category are end of series, the prices displayed correspond to the initial price charged on the product at the time of its release, to which a fixed and definitive discount is applied.
3. CLIENT'S OBLIGATIONS
3.1. The Customer declares to be at least 18 years old and to have the legal capacity or to be the holder of a parental authorization allowing him to place an order on the Site.
3.2. The Customer agrees to provide ANDRÉE JARDIN with the actual information required to perform the service covered by these terms and conditions as requested online and according to his or her situation, including his or her last name, first name, address, telephone number and valid e-mail address.
The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or the use of which would be illicit.
3.3. Once the order is placed, ANDRÉE JARDIN will send the Customer an e-mail confirming the order. It will inform the Customer that the Products have been shipped.
3.4. The Customer may modify his/her data in the "My Account" section.
4.1. Toute commande ne sera validée qu'après acceptation du paiement.
4.2. ANDRÉE JARDIN se réserve le droit d’annuler ou de refuser une commande en cas de litige avec le Client sur une commande antérieure.
4.3. ANDRÉE JARDIN peut accepter les commandes dans la limite des stocks disponibles. Il informe le Client de la disponibilité des Produits vendus sur le Site au moment de la confirmation de la commande.
Si, en dépit de la vigilance d'ANDRÉE JARDIN, les produits sont indisponibles, ANDRÉE JARDIN en informera le Client par e-mail dans les meilleurs délais. Le Client pourra alors annuler sa commande et se faire rembourser, le cas échéant, les sommes déjà versées.
L'indisponibilité définitive ou temporaire ne saurait en aucun cas engager la responsabilité de d'ANDRÉE JARDIN, pas plus qu'elle ne saurait ouvrir un quelconque droit à indemnisation ou dommages et intérêts en faveur du Client.
5.1. The prices displayed on the Site are indicated in euros including all French taxes (French VAT and other taxes that may be applicable), excluding shipping costs, participation in order processing costs and packaging costs.
The shipping costs, participation in the costs of order processing and packaging will be indicated during the ordering process and before the final validation of the order.
The prices can be modified at any time, without notice and in particular in the event of change of tax or economic data. The articles will be invoiced on the basis of the rates in force at the time of the recording of the order.
6.1. ANDRÉE JARDIN delivers its Products in France and in several countries of the European Union and can deliver to other countries upon request.
Products are shipped to the delivery address indicated by the Customer when ordering. Delivery cannot be made to hotels or post office boxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these deadlines to be respected, the Customer must ensure that he/she has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
In the event of a delay in delivery of more than 7 working days, if the product has not been shipped, the Customer may cancel the order by registered letter with acknowledgement of receipt and request a refund of the order.
If the item has been shipped before receipt of the cancellation of the order for late delivery of more than 7 days, ANDRÉE JARDIN will proceed with the refund of the item and the shipping and return costs, upon receipt of the item, complete, in its original condition and with all labels.
ANDRÉE JARDIN undertakes to inform the Customer of the progress of the order.
In case of damaged packages (already opened, missing products...), the Customer undertakes to notify the carrier and ANDRÉE JARDIN, by any means, of any reservations within 3 days of receiving the product.
ANDRÉE JARDIN cannot be held responsible for the consequences of a delay in delivery that is not of its making.
The totality of the payment must be realized at the time of the order. At no time can the sums paid be considered as deposits or down payments. The Customer pays for the order by credit card (Visa, Eurocard/Mastercard), with his Paypal account in accordance with the provisions of this article.
ANDRÉE JARDIN does not accept payment by check. The customer must use the other means of payment offered.
For any transaction, the Customer will indicate the number on the front of his card, the expiration date of his card and the cryptogram on the back of his card (last three digits).
The communication by the Customer of his/her credit card number constitutes authorization for ANDRÉE JARDIN to debit his/her account for the amount of the order.
No cash-on-delivery shipment will be accepted, regardless of the reason.
ANDRÉE JARDIN retains ownership of the item until full payment of the price by the Customer. Purchases are made in a secure manner. The payment solutions adopted by ANDRÉE JARDIN are 100% secure. For credit card payments (credit card, Visa card and e-Card), all information provided by Customers to ANDRÉE JARDIN is strictly protected and guarantees the conformity and security of each transaction.
8. EXCHANGES AND RETURNS OF PRODUCTS
Within thirty (30) days of receiving the order, the Customer may request ANDRÉE JARDIN to return the Product(s).
Returns are at the customer's expense, except in the event of a quality problem with the product.
The Customer must contact customer service at firstname.lastname@example.org to obtain the return procedure.
The return is at the Customer's risk. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed.
Please send your return to the following address
Andrée Jardin - Returns
1 Rue Pasteur
In the absence of compliance by the Customer of these conditions, including conditions of return, ANDRÉE JARDIN will not proceed to reimbursement or the issuance of a credit for the Products concerned.
9. GUARANTEES AND RESPONSIBILITY
ANDRÉE JARDIN has, for all stages of access to the site, from the ordering process to the shipment of the package or subsequent services, only an obligation of means. ANDRÉE JARDIN shall not be held liable for any inconvenience or damage inherent to the use of the Internet, including a service interruption, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the law and case law.
10. INTELLECTUAL PROPERTY
Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (products listed, descriptions, images, videos ...).
This Site or any part of this Site may not be reproduced, copied, sold or exploited for commercial purposes without the express written permission of ANDRÉE JARDIN.
In general, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full and complete property of ANDRÉE JARDIN.
The Customer is therefore bound to respect intellectual property rights and may not use the trademarks appearing on the Site and on the Products, if any, or register any trademark that would be detrimental to the owner of the rights, unless otherwise provided for in the contract.
The same applies to any other intellectual property right.
11. GUARANTEES AND RESPONSIBILITY
ANDRÉE JARDIN undertakes to use the confidential information of Customers only in the context of the operation of its Site.
In order to process the order, the personal data collected will be processed by computer and the Customer acknowledges that he/she is aware of this.
In this respect, information concerning the Customer may be communicated to ANDRÉE JARDIN's technical service providers.
In addition, ANDRÉE JARDIN may use technical means to obtain non-personal information about Internet users in order to improve the functionality of the site, for example by tracking the number of visitors to certain pages.
In accordance with the law of January 6, 1978, as amended by the law of August 6, 2004, the Customer has the right to access and rectify personal data concerning him/her in ANDRÉE JARDIN files. All requests should be sent by e-mail to: email@example.com or by post to the following address ANDRÉE JARDIN, 1 rue de Pasteur, 44119 Treillières, France
This data processing has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL), which issued receipt no. 1517135 v 0 on 29 June 2011.
12. FORCE MAJEURE
In the event of a force majeure event, the party concerned must inform the other party within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgement of receipt.
In addition to those usually retained by the jurisprudence of the French courts and tribunals, the following are expressly considered as cases of force majeure or fortuitous events: total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship.
All obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned may be terminated by operation of law without compensation for either party.
13. GENERAL PROVISIONS
13.1. Partial invalidity of a clause
If any of the stipulations of these conditions is declared null and void or unenforceable by a competent court, it will be declared unwritten and will not entail the nullity of the other stipulations.
These terms and conditions may be modified at any time and without prior notice by ANDRÉE JARDIN, the applicable terms and conditions being those in effect on the date of the Customer's order.
These general terms and conditions of sale are permanently accessible at the following address: https://andreejardin.fr/pages/cgv in a format that allows them to be printed and/or downloaded, so that the Customer can reproduce or save them.
13.3. Applicable law - Competent court
The present general conditions are subject to French law with regard to the rules of substance as well as the rules of form. Any dispute shall be subject to a prior attempt at amicable settlement.
In the absence of an amicable settlement, jurisdiction is attributed to the competent French courts, notwithstanding multiple defendants or warranty claims.
13.4 : Reproduction of the applicable texts (order 2005-136 of February 17, 2005, code of consumption, civil code)
Art. L. 211-4. of the Consumer Code
The seller is obliged to deliver a good in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
Art. L. 211-5. of the Consumer Code:
- To be in conformity with the contract, the goods must:
1° Be fit for the purpose usually expected of similar goods and, where appropriate :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the Customer in the form of a sample or model;
- have the qualities that a Customer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and accepted by the latter.
Art. L. 211-12. of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Art. 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the customer would not have acquired it, or would have given only a lower price, if he had known about them.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.