These general conditions of sale (hereinafter the “General Conditions” or “General Conditions of Sale” or “CGV”) apply to any purchase made by the “Customer” on the Website: https://www .jardinsduroisoleil.com (hereinafter the “Site”) of the Company Les Jardins du Roi Soleil (hereinafter “JRS” or “the Seller”), SAS company (SAS) with a capital of 166,000.00 euros , registered with the Paris RCS under number 384 279 196 with its head office – 8 rue Lemercier – 75017 Paris, France.
Email address: jrs@jardinsduroisoleil.com
Telephone number: +33.1.43.44.44.44
Identification number: FR69384279196
These General Conditions of Sale are intended to govern the sale and Delivery of Products ordered by Customers from the Seller via the Site.
They are accessible and printable at any time via a hyperlink available on the home page of the Site.
1 – Definitions
The terms used below have, in these General Conditions of Sale, the following meaning:
“Customer” means the Seller’s co-contractor.
“Order”: designates the purchase of Products by a Customer on the Site.
“Account”: designates the space dedicated to the Client associated with all the data provided by the Client, hosted on the Site. Access to the Account is via the Customer’s Identifiers.
“Credentials”: designates the email address (e-mail) or identifier chosen during registration and the password chosen by the Customer, necessary to access their Account on the Site.
“Delivery”: designates the first presentation of the Products ordered by the Customer to the delivery address indicated during the Order.
“Products”: refers to all Products marketed by the Seller on the Site.
“Site”: designates the Seller’s website accessible at the following address: www.jardinsduroisoleil.com
2 – Purpose
These General Conditions of Sale govern the sale of Products by the Seller via the Site.
The Customer is clearly informed and acknowledges that the Site is aimed at consumers and professionals but that these General Conditions of Sale only govern the sale of Products on the Site to consumers.
3 – Acceptance of the general conditions
The Customer undertakes to carefully read these General Conditions of Sale and expressly accept them, before paying for an Order for Products placed on the Site.
These General Conditions are referenced at the bottom of each page of the Site by means of a link accessible at the following address: www.lesjardinsduroisoleil.com and must be consulted before placing the Order. The Customer is invited to carefully read, download and print the General Conditions of Sale and to keep a copy.
The Seller advises the Customer to read the General Conditions of Sale for each new Order, the latest version of the said Conditions applying to any new Order for Products.
By clicking on the “Add to cart” button to place the Order and then on the second “Confirm order” to confirm said Order, the Customer acknowledges having read, understood and accepted the General Conditions without limitation or condition.
4 – Ordering product on the Site
To be able to purchase a Product, the Customer must be at least eighteen (18) years old and/or have legal capacity and be a consumer.
To purchase a Product on the Site, the Customer must be registered and logged in to his Account.
4.1 – Registration procedure
Any Customer has the option of registering during their first visit to the Site in order to create an Account.
The Customer’s registration on the Site is free.
For the purposes of opening his Account, the Customer must:
Any registration will not be validated, which the Customer acknowledges and accepts.
The information that the Customer provides to the Seller during registration must be complete, accurate, up-to-date, truthful and not tainted by any misleading nature. The Seller reserves the right to ask the Customer to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
Customers are informed and accept that the information entered for the purposes of creating or updating their Account constitutes proof of their identity. The information entered by Customers binds them as soon as they are validated.
The Customer undertakes to immediately update this information in his Account in the event of modifications, so that it always corresponds to the aforementioned criteria.
The registration of a Customer automatically results in the opening of an Account in his name from which he can track their Orders and return requests and update his personal information.
The e-mail address, or the identifier indicated during registration and the password constitute the Customer Identifiers.
Customers will be able to log in to their Account in order to change the password. The Customer is recommended to change his password regularly.
Customers access their Account at any time after identifying themselves using their Identifiers.
The Seller undertakes to securely store all contractual elements whose conservation is required by law or regulations in force.
4.2 – Credential management
The Customer will be solely responsible for the use of his Identifiers or the actions carried out through his Account.
In the event that a Customer discloses or uses his Identifiers in a manner contrary to their intended purpose, the Seller may then terminate access to the Account without notice or compensation.
Under no circumstances can the Seller be held responsible in the event of theft of a Customer’s identity. Any access and action carried out from a Customer’s Account will be presumed to be carried out by this Customer, to the extent that the Seller has no obligation and does not have the technical means allowing it to ensure the identity people who have access to the Account.
Any loss, misappropriation, or unauthorized use of a Customer’s Identifiers and their consequences are the sole responsibility of the Customer, the latter being required to notify the Seller, without delay, by electronic message sent to the following address: jrs@jardinsduroisoleil.com
4.3 – Unsubscribe
The Customer may close his Account at any time by sending an e-mail to the address: jrs@jardinsduroisoleil.com
The Seller will deactivate the Account as soon as possible and send the Customer an email confirming the closure.
In the case of Orders in progress, these must be paid by the Customer and delivered by the Seller.
5 – Orders
5.1 – Product characteristics
The Seller undertakes to present in a clear, readable and understandable manner the essential characteristics of the Products and the mandatory information that the Customer must receive under French legislation and to verify their accuracy.
These characteristics and information appear on the product pages on the Site.
These pages contain in particular the description, format, instructions for use and price of the Product.
The Customer undertakes to read this information carefully before placing an Order on the Site.
All Products sold by the Seller on the Site comply with current European legislation and the standards applicable in France.
The Customer will be required to carefully read the various warnings appearing on the pages describing the Products and in particular the various instructions for use before placing any Order.
5.2 – Order procedure
Product Orders are placed directly on the Site. To place an Order, the Customer must follow the steps until validation.
5.2.1 – Product selection and purchasing option
Customers must select the Product(s) of their choice by clicking on the Product(s) concerned and choosing the desired quantities. Once the Product is selected, the Product is placed in the Customer’s basket.
The Customer cannot add Products of different types to the same basket.
5.2.2 – Orders
Once the Products have been selected and placed in their basket, Customers must click on the basket and check that the content of their Order is correct (including the quantity, characteristics and references of the Products ordered, the billing address, the means of payment and price) before validating its content.
Once the Customer has validated the contents of the basket and identified/registered, an automatically completed online form will be displayed to him summarizing the price, applicable taxes and Delivery costs.
The Customer can then proceed to pay for the Products using the chosen payment method, following the instructions on the Site and provide all the information necessary for invoicing and Delivery of the Products.
Concerning Products for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper processing of the Order.
5.2.3 – Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the Site to acknowledge receipt of the Customer’s Order.
A copy of the acknowledgment of receipt of the Order is automatically sent to the Customer by email, provided that the email address communicated through the registration form is correct.
It is specified that the Order summary as well as the confirmation email may be kept and printed by the Customer.
5.2.4 – Billing
During the Order procedure, the Customer must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the Customer’s Order to be processed by the Seller).
The Customer must in particular clearly indicate all information relating to the Delivery, in particular the exact Delivery address, as well as any possible access code to the Delivery address.
The Customer must also specify the chosen payment method.
Neither the order form that the Customer establishes online, nor the acknowledgment of receipt of the Order that the Seller sends to the Customer by email constitutes an invoice. Regardless of the Order or payment method used, the Customer will receive the original invoice upon Delivery of the Products.
5.3- Date of the order
The Order date is the date on which the Seller acknowledges receipt of the Order online. The deadlines indicated on the Site only begin to run from this date.
5.4- Price
For all Products, the Customer will find on the Site prices displayed in euros, all taxes included (TTC), as well as the applicable Delivery costs (excluding packaging and gifts, depending on the Delivery address and the carrier or mode of transport chosen ).
Prices including VAT include in particular Value Added Tax (VAT) at the rate in effect on the Order date. Any change in the applicable rate may impact the price of the Products from the date the new rate comes into force.
The applicable VAT rate is expressed as a percentage of the value of the Product sold.
The prices of the Seller’s suppliers are subject to change. Consequently, the prices indicated on the Site may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, unless there is a gross error. The applicable price is that indicated on the Site on the date on which the Order is placed by the Customer.
5.5- Product availability
The Seller undertakes to deliver the Product on the date or within the period indicated to the Customer, unless the parties have agreed otherwise.
The unavailability of a Product is indicated on the page of the Product concerned.
In any case, if unavailability was not indicated at the time of the Order, the Seller undertakes to inform the Customer without delay if the Product is unavailable.
In the event that a Product is unavailable, the Seller may, and if the parties agree, offer an alternative Product of equivalent quality and price, accepted by the Customer.
If the Customer decides to cancel his Order for unavailable Products, he will obtain a refund of all sums paid for the unavailable Products no later than fourteen (14) days following the date on which the contract was terminated.
6 – Right of withdrawal
The terms of the right of withdrawal are provided for in the “withdrawal policy”, policy available in Appendix 2 hereunder.
7 – Payment
7.1- Means of payment
The Customer can pay for their Products online on the Site using the means offered by the Seller, that is to say by:
In the event of payment by bank transfer, the Order can only be shipped upon receipt of funds in the Seller’s bank account.
The Customer guarantees to the Seller that he holds all the authorizations required to use the chosen payment method.
The Seller will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the Site.
It is therefore specified that all information relating to payment provided on the Site is transmitted to the subcontractor and is not processed on the Site.
7.2- Payment date
In the event of a single payment by credit card, the Customer’s account will be debited as soon as the Product Order is placed on the Site.
If the Customer decides to cancel his Order or unavailable Products, the refund will be made as explained in the last paragraph of article 5.5 of these General Conditions.
7.3- Refusal of payment
If the bank refuses to debit a card or other means of payment, the Customer must contact the Seller’s Customer Service in order to pay for the Order by any other valid means of payment accepted by the Seller.
In the event that, for whatever reason, opposition, refusal or otherwise, the transmission of the flow of money owed by the Customer proves impossible, the Order will be canceled and the sale automatically terminated.
This right of withdrawal only applies to products that are not customizable and in particular not to products made from colors or personalization elements directly provided by the Customer.
8 – Resolution of the general conditions of sale at the initiative of the seller
The Seller reserves the right to resolve these General Conditions of Sale in the event that the criteria selected by the Customer for calculating delivery costs are clearly incorrect.
9 – Proof and archiving
Any contract concluded with the Customer corresponding to an Order for an amount greater than 120 euros including tax will be archived by the Seller for a period of ten (10) years in accordance with article L. 213-1 of the Consumer Code.
The Seller agrees to archive this information in order to monitor transactions and produce a copy of the contract at the Customer’s request.
In the event of a dispute, the Seller will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
10 – Transfer of ownership
The Seller remains the owner of the Products delivered until their full payment by the Customer.
The above provisions do not prevent the transfer to the Customer, at the time when the latter or a third party designated by him takes physical possession of this Product, of the risks of loss or damage to the Products subject to the reservation of property, as well as the risks of damage that they may cause.
In the event of delivery to a carrier other than that proposed by the Seller, the risk of loss or damage to the Product is transferred to the Customer upon delivery of the Product to the carrier. The same applies to the return of Products by the Customer.
11 – Delivery
The terms of Delivery of the Products are provided for in the “Delivery Policy” referred to in Appendix 3 hereof.
12 – Packaging
The Products will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the Products during Delivery.
Customers undertake to respect the same standards and to reuse the original packaging when returning Products under the conditions set out in Appendix 2 – Withdrawal policy.
Customers must therefore keep the original packaging until the withdrawal period expires. No item can be returned in different packaging.
13 – Guarantees
Apart from the commercial guarantees that the Seller could offer for certain Products, all Customers benefit from “legal” guarantees for all Products, which are in Appendix 1 hereof.
14 – Liability
The Seller’s liability cannot under any circumstances be incurred in the event of non-performance or poor performance of contractual obligations attributable to the Customer, in particular when entering their Order.
The Seller cannot be held responsible, or considered to have failed herein, for any delay or non-performance of one of its obligations described in these General Terms and Conditions, when the cause of the delay or non-performance is linked to force majeure as defined by French courts and tribunals.
It is also specified that the Seller does not control the websites which are directly or indirectly linked to the Site. Consequently, it excludes any liability for the information published there. Links to third party websites are provided for convenience only and no warranty is provided as to their content.
15 – Force majeure
The Seller’s liability cannot be enforced if the non-execution or delay in the execution of one of its obligations described in these General Conditions results from force majeure.
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably be foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the performance of his obligation. by the debtor.
If the impediment is temporary, the execution of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
In the event of the occurrence of one of the above-mentioned events, the Seller will endeavor to inform the Customer as soon as possible.
16 – Personal data
Any consumer has the possibility to register free of charge on the BLOCTEL telephone canvassing opposition list: https://www.bloctel.gouv.fr/.
In accordance with law no. 2020-901 of July 24, 2020 aimed at regulating telephone canvassing and combating fraudulent calls, any professional reserves the right to approach a consumer registered on the list of opposition to telephone canvassing when he refers to requests occurring within the framework of the execution of an ongoing contract and having a connection with the subject of said contract, including when it comes to offering the consumer products or services relating to or complementary to the contract. subject of the current contract or likely to improve its performance or quality.
The Seller collects personal data on the Site concerning its Customers as part of the management of requests for information, the management and monitoring of Accounts and contracts, the management of Orders and Deliveries of Products, and the management of payment. , the proper functioning and permanent improvement of the Site, the management of requests for rights arising from the GDPR and, if the Customer has expressly chosen this option, send them newsletters and commercial offers, unless the Customer no longer wishes to receive such communications from the Seller.
As such, the Customer is invited to consult the Seller’s Confidentiality Policy accessible at the following address: https://www.jardinsduroisoleil.com/politique-de-confidentialite/ which will provide him with further information relating to the protection of personal data, the processing carried out via the Site and the methods of exercising rights.
17 – Complaints – customer services
The Seller provides the Customer with a “Customer Telephone Service” at the following number:
No surcharge telephone number +33.1.43.44.44.31
Any written complaint from the Customer must be sent by post to the following address:
Jardins du Roi Soleil
8 rue Lemercier
75017 Paris
Or by email to the following address: jrs@jardinsduroisoleil.com
18 – Intellectual property
All visual and audio elements of the Site, including the underlying technology used, are protected by copyright, trademark law and/or patents.
These elements are the exclusive property of the Seller or the latter benefits from a license allowing commercial exploitation.Any person who publishes a website and wishes to create a direct hyperlink to the Site must request authorization from the Seller in writing.
This authorization from the Seller will in no case be granted definitively. This link must be deleted at the request of the Seller. Hypertext links to the Site which use techniques such as framing or insertion by hypertext links are strictly prohibited.
Any representation or reproduction, total or partial, of the Site and its content, by any means whatsoever, without the express prior authorization of the Seller, is prohibited and will constitute an infringement punishable by the provisions of the Intellectual Property Code.
Acceptance of these General Terms and Conditions constitutes recognition by the Customer of the Seller’s intellectual property rights and commitment to respect them.
19 – Validity of the general conditions
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions of Sale cannot affect the validity of these General Conditions of Sale. Such a modification or decision in no way authorizes Customers to disregard these General Conditions of Sale.
20 – Modification of the general conditions
These General Conditions of Sale apply to all Orders placed online on the Site, as long as the Site is available online.
The General Conditions are precisely dated and may be modified and updated by the Seller at any time. The applicable General Conditions are those in force at the time of the Order.
Changes to the General Conditions will not apply to Products already purchased.
21 – Jurisdiction and applicable law
THESE GENERAL CONDITIONS AS WELL AS THE RELATIONS BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW.
However, prior to any recourse, the Customer is invited to contact the Seller’s complaints department.
If no agreement is reached or if the Customer justifies having previously attempted to resolve his dispute directly with the Seller by a written complaint, an optional mediation procedure will then be offered, carried out in a spirit of loyalty and goodwill with a view to reaching an amicable agreement upon the occurrence of any conflict relating to these General Terms and Conditions, including relating to their validity.
Any consumer has the possibility of using the European online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2. show&lng=EN.
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict.
As mediation is not obligatory, the Customer or the Seller may withdraw from the process at any time.
IN THE EVENT WHERE MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE WHICH MAY HAVE GIVE RISE TO MEDIATION WILL BE REFERRED TO THE COMPETENT JURISDICTION DESIGNATED ABOVE.
IN THE EVENT OF ANY DISPUTE RELATING TO THE CONCLUSION, INTERPRETATION, EXECUTION OR TERMINATION OF THIS CONTRACT WILL BE SUBMITTED TO THE PARIS COURT OF EXCLUSIVE COMPETENCE, INCLUDING IN REFERENCE OR BY REQUEST, NOTWITHSTANDING PLURALITY OF DEFENDANTS, INCIDENTAL REQUEST, CALL FOR GUARANTEE , EMERGENCY PROCEDURE, BY REFERENCE OR BY REQUEST.
Appendix1 – Legal guarantees
Apart from the commercial guarantees that the Seller could offer for certain Products, any Customer benefits from “legal” guarantees for all Products, which are detailed below, in accordance with article L. 221-5 of the Code of consumption :
The consumer has a period of two years from delivery of the goods to obtain implementation of the legal guarantee of conformity in the event of a lack of conformity appearing. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.
If the item is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the good, but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer can obtain a reduction in the purchase price by keeping the goods or end the contract by being reimbursed in full against return of the goods, if:
The consumer also has the right to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request repair or replacement of the goods beforehand.
The consumer does not have the right to cancel the sale if the lack of conformity is minor.
Any period of immobilization of the good for its repair or replacement suspends the guarantee which remained to run until the delivery of the restored good.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of his average annual turnover ( article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund against return of the item.
Appendix2- Withdrawal polic
Principle of withdrawal
The Customer has in principle the right to withdraw by returning or returning the Product to the Seller, without giving a reason except for Products likely to deteriorate or expire quickly in accordance with article L. 221-28 of the Code of the consumption.
The Customer must cover the direct costs of returning the goods.
To do this, the Product must be returned or returned no later than fourteen (14) days following communication of its decision to withdraw, unless the Seller offers to recover the Product itself.
Withdrawal period
The withdrawal period expires fourteen (14) days after the day on which the Customer, or a third party, other than the carrier, and designated by you, takes physical possession of the goods.
In the event that the Customer has ordered several Products via a single Order giving rise to several Deliveries (or in the case of an Order for a single Product delivered in several batches), the withdrawal period will expire fourteen (14) days after the day on whichhe, or a third party other than the carrier and designated by him, takes physical possession of the last item (or lot).
In the event of Delivery of the Product in several batches of parts, the withdrawal period will expire fourteen (14) days after the day on which he, or a third party other than the carrier and designated by him, takes physical possession of the last batch or the last piece.
Notification of the right of withdrawal
To exercise his right of withdrawal, the Customer must notify his decision to withdraw by means of an unambiguous declaration (for example, letter sent by post or email) to the following address:
Jardins du Roi Soleil
8 rue Lemercier
75017 Paris
He can also use the form below: jrs@jardinsduroisoleil.com
Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of JRS – simplified joint stock company (SAS) with capital of 166,000.00 euros, registered with the Paris RCS under number 384 279 196 with its head office – 8 rue Lemercier – 75017 Paris, France.
I hereby notify you of my withdrawal from the GCV relating to the sale of the products below:
– Ordered it. / issued on
– Product
– Customer address
– Date
In order for the withdrawal period to be respected, the Customer must send his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the Customer, the Seller undertakes to reimburse all sums paid, including Delivery costs, without unjustified delay, and at the latest within fourteen (14) days from the date to which he is informed of the Customer’s decision to withdraw (article L. 221-24 of the Consumer Code).
Unless it offers to collect the Products itself, the Seller may defer reimbursement until recovery of the
The Seller will make the reimbursement using the same means of payment as that which the Customer used for the initial transaction, unless expressly agreed by the Customer to use another means of payment and to the extent that the reimbursement will not cause costs for the Customer.
Return conditions
The Customer must in any case, no later than fourteen (14) days after communication of his decision to withdraw from these General Terms and Conditions, return the goods to the Seller at the following address:
Jardins du Roi Soleil
6 Franklin Roosevelt Avenue
75008 Paris
This deadline is deemed to be respected if the Customer returns the goods before the expiry of the period of fourteen (14) days.
Return fees
The Customer must cover the direct costs of returning the goods
Conditions of returned item
The Product must be returned, in perfect condition, following the Seller’s instructions, namely to include all the accessories delivered and be returned in its original packaging.
Otherwise, no refund will be made by the Seller.
The Customer has the possibility of testing the Product but his liability may be incurred if he carries out manipulations other than those which are necessary.
The Customer must make reservations upon delivery of the goods if they arrive in a defective condition. Otherwise the Seller will not be able to accept the withdrawal.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
— Provision of services fully executed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the execution of which began with his prior and express agreement and with recognition by him of the loss of their right of withdrawal, when the service has been fully performed by the professional;
— The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
— The supply of goods made to the consumer’s specifications or clearly personalized;
— Supply of goods likely to deteriorate or expire quickly;
— Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
— Supply of goods which, after having been delivered and by their nature, are mixed inseparably with other articles;
— Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
— Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
— Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
— Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
— Concluded at a public auction;
— Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
— Supply of digital content without material support whose execution began before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, when:
– He has previously given his express consent for the execution of the contract to begin before the expiration of the withdrawal period; And
1- He has acknowledged that he will lose his right of withdrawal; And
2- The professional has provided confirmation of the consumer’s agreement in accordance with the provisions of the second paragraph of article L. 221-13 of the Consumer Code.
Appendix3 – Delivery policy
Delivery zone
The Products offered can only be delivered to the geographic areas offered when ordering.
The Products are shipped to the Delivery address(es) that the Customer will have indicated during the Order process by selecting a delivery method based on different criteria.
Delivery time
The deadlines for preparing an Order and then issuing the invoice, before shipping the Products in stock are mentioned on the Site. These deadlines exclude weekends or public holidays.
An electronic message will be automatically sent to the Customer at the time of dispatch of the Products, provided that the electronic address appearing in the registration form is correct.
Delivery times & cost
During the Order process, the Seller indicates to the Customer the possible shipping times and options for the Products purchased.
The amount of delivery costs will be due by the Customer in addition to the price of the Products purchased.
The details of Delivery times and costs are detailed on the Site according to different criteria.
If it turns out that these criteria are incorrect, the Seller reserves the right to refuse delivery and resolve these General Conditions of Sale.
The Seller will then reimburse the Customer for the price of the Product but not for the delivery costs.
Delivery terms
The following delivery methods are available:
The package will be delivered to the Customer upon signature of the delivery note and upon presentation of an identity document
Delivery issues
In the event of failure by the professional to fulfill its delivery obligation, the Customer may rely on Article L. 216-6 of the Consumer Code which provides for the possibility:
— To notify the suspension of payment of all or part of the price until the professional complies, under the conditions of articles 1219 and 1220 of the Civil Code;
— To terminate the contract, if after having given notice to the professional to carry out the delivery within a reasonable additional period, the latter has not complied within this period.
The contract is considered terminated upon receipt by the Seller of the letter or writing informing him of this resolution, unless the Seller has complied in the meantime.
The Customer may immediately terminate the contract:
— When the professional refuses to deliver the Product or when it is clear that he will not deliver the good;
— When the professional does not fulfill his obligation to deliver the Product on the date or at the expiration of the period provided for in Article L. 216-1 of the Consumer Code and that this date or this period constitutes for the Customer an essential condition of the contract.
This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the Customer before the conclusion of the contract.
When the contract is terminated under the aforementioned conditions, the Seller reimburses the Customer for all sums paid, at the latest within fourteen (14) days following the date on which the contract was terminated.
1 – Application of the General Conditions of Sale – Opposability
Any order or acceptance of an estimate by the customer entails acceptance of the general conditions of sale provided by the company LES JARDINS DU ROI SOLEIL (hereinafter JRS), a simplified joint stock company (SAS) with a capital of 166,000.00 euros, registered with the RCS of Paris under number 384 279 196, having its registered office – 8 rue Lemercier – 75017 Paris, France.
The fact that JRS does not take advantage at a given time of any of these general conditions of sale cannot be interpreted as a waiver of the right to take advantage of any of the said conditions at a later date.
2 – Orders
The order specifies in particular the quantity, the type, the references, the brand of the product(s) sold as well as the agreed price, the terms of payment, the place and the date of delivery or collection.
The order is only final upon acceptance of the quote by the customer.
In case of shortage, JRS will respond to orders according to their order of arrival and to the extent of its availability.
The benefit of the order is personal to the customer and cannot be transferred without the agreement of the seller.
Any modification or cancellation of the order requested by the customer can only be taken into consideration if it is received in writing before the order is dispatched.
JRS reserves the right not to accept the modification. In this case, the deposits paid will not be refunded.
Cancellation of the order can only be obtained with the consent of JRS.
3 – Prices and invoicing
The products are supplied at the prices in force at the time of placing the order expressed in euros, taking into account the VAT applicable on the day of the order (any change in the rate may be passed on to the price of the products), ex works, packaging billed but not taken back; unless specifically stated otherwise.
The prices appearing on the quote are only valid for a maximum period of two (2) months. Any supplement must be the subject of a new estimate, and to be delivered and executed, must first be accepted under the same conditions.
Delivery costs are the responsibility of the buyer and invoiced at the end of the order in addition to the products ordered.
Any tax, fee, duty or other service to be paid in application of French regulations or those of an importing country or a transit country are the responsibility of the customer.
In the event that additional costs are added to the cost of transport invoiced by JRS due to immobilization under customs at the initiative of the customs of the destination country, they will be re-invoiced euro to euro to the customer.
An invoice is established for each delivery, even partial, on the date of shipment and issued at the time of shipment. The invoice is payable upon receipt.
If modifications relating to the shipping conditions were to occur for any reason, the prices invoiced would be likely to vary according to changes in these conditions (duties, taxes, exchange rates, etc.).
When the customer who has paid the balance of his invoice wants JRS to temporarily store the content of his order, JRS will invoice the storage monthly on the basis of forty (40) euros per m2 from the third.
Every month started, from the third month will be invoiced.
4 – Payment
Unless otherwise agreed, payments are made under the following conditions:
For customers in France:
– Payment of a deposit of 50% of the amount of the estimate at the time of the order;
– Payment of the balance before removal by bank transfer, check before the departure of the goods.
For EXPORT Europe customers:
– Payment of a deposit of 50% of the amount of the estimate at the time of the order;
– Payment of the balance before removal by bank transfer, check before the departure of the goods. The “intra-community VAT” number as well as the certificate of exit from the territory are compulsory. In the absence of these elements, the French VAT rate (20%) will be applied.
For EXPORT International customers:
– Payment of a deposit of 50% of the amount of the estimate at the time of the order;
– Payment of the balance before removal via bank Swift or French check issued by the responsible freight forwarder, mandated by the customer, before the departure of the goods.
In the event of late payment, JRS may suspend all orders in progress, without prejudice to any other course of action.
Any amount not paid on the due date appearing on the invoice automatically entails, from the day following the payment date shown on the said invoice, the application of penalties of an amount equal to three times the legal interest rate. These late penalties are payable without a reminder being necessary. A lump sum compensation of 40 euros is also due for recovery costs.
These penalties and costs will be payable upon simple request by JRS. In the event that the collection costs incurred exceed this flat rate, JRS reserves the right to request additional compensation of 15% of the sums due with a minimum of forty-five (45) euros.
In the event of non-payment, forty-eight hours after a formal notice remained unsuccessful, the sale will be terminated automatically if it seems to JRS who may request, in summary proceedings, the return of the products, without prejudice to any other damages. interests. The resolution will affect not only the order in question but also all previous unpaid orders, whether delivered or in the process of being delivered and whether their payment is due or not. When the payment is staggered, the non-payment of a single installment will result in the immediate payment of the entire debt, without formal notice.
In all the above cases, the sums that would be due for other deliveries, or for any other cause, will become immediately payable if JRS does not opt for the resolution of the corresponding orders.
Under no circumstances may payments be suspended or be the subject of any compensation whatsoever without the prior written consent of JRS. Any partial payment will be deducted first from the non-privileged part of the claim, then from the sums for which payment is the oldest.
JRS does not intend to grant any discount for cash payment or on a date prior to that resulting from the general conditions of sale.
5 – Delivery
The delivery does not include the installation of the products or the unpacking so that JRS cannot be held responsible for incidents occurring during transport and installation.
Delivery times are indicative.
Exceeding delivery times cannot give rise to damages, withholding or cancellation of orders in progress.
In the event of delay, loss or damage, all recourse must be exercised with the carrier (on the receipt) upon receipt of the goods and all the customer’s reservations must be confirmed to him by registered letter with acknowledgment of receipt within forty-eight ( 48) hours with double for the attention of JRS.
In all cases, the products travel at the risk and peril of the recipient, even in the event of sale carriage paid.
It is up to the customer in the event of damage or failure to make all necessary observations and to confirm his reservations by extrajudicial act or by registered letter with acknowledgment of receipt to the carrier within three days of receipt of the goods.
6 – Reception
Without prejudice to the provisions to be made vis-à-vis the carrier, complaints on apparent defects or on the non-conformity of the product delivered with the product ordered or the packing slip, must be formulated in writing within eight (8) days of the arrival of the products by registered letter with acknowledgment of receipt for the attention of JRS.
It will be up to the customer to provide any justification as to the reality of the defects or anomalies noted. He must give JRS every facility to proceed with the observation of these defects and to remedy them. He will refrain from intervening himself or having a third party intervene for this purpose.
7 – Returns
Any product return must be subject to a formal agreement between JRS and the customer. Any product returned without this agreement would be made available to the customer and would not give rise to the establishment of a credit note. The costs and risks of the return are always borne by the customer.
Special items, made to order, will not be subject to any return because of their specificity.
Returned goods must be in the condition in which the carrier delivered them and in their original packaging.
8 – Right of withdrawal
Given the manufacture on demand and the artisanal nature of the products, the Customer expressly waives his right of withdrawal in accordance with the provisions of Article L.221-28 of the Consumer Code.
In the context of distance selling, and more specifically for orders placed on the website, the customer has a withdrawal period of 14 days to change their mind. This period starts from the day after receiving the goods. In the event of the customer exercising this right, they will be responsible for the return costs. The item must be returned to JRS in perfect condition, securely strapped, and protected on the pallet under the same shipping conditions provided by JRS.
The customer will be refunded the order amount upon receipt of the goods by JRS, using the payment method used for the transaction. The customer can notify JRS of their intention to withdraw by returning the withdrawal form attached herewith:
9 – Compliance and Warranty
The products being handcrafted, each product is a unique piece with grains, roughness and imperfections. JRS cannot be held responsible for a difference in color between the paintwork of cast iron and wood.
As the products sold comply with French regulations, it is up to the customer to check with the local authorities whether the product complies with foreign regulations.
The products are guaranteed against any material or manufacturing defect for a period of one (1) month, from the date of delivery. The Customer benefits from the possibility of returning the product at the expense of JRS sending a new one.
Interventions under the warranty cannot have the effect of extending the duration of the latter.
Any shipping costs are the responsibility of the customer, who cannot claim any compensation due to the application of the guarantee.
10 – Force majeure
In the event of a case of force majeure, the contract may be terminated by JRS by registered letter with acknowledgment of receipt. Force majeure is understood as any event that is unforeseeable, irresistible and beyond the control of JRS.
For the application of this contract, the following events enter, in particular, into the definition of force majeure: total strikes, partial strikes, floods.
11 – Protection of personal data
JRS undertakes to comply with the legislation relating to the protection of personal data in accordance with its confidentiality policy made available to the client.
12 – Retention of title
THE GOODS REMAIN THE PROPERTY OF JRS UNTIL FULL PAYMENT OF THE INVOICE.
13 – Jurisdiction – Dispute
THE APPLICABLE LAW IS FRENCH LAW.
IN THE EVENT OF A DISPUTE RELATING TO THE INTERPRETATION OR EXECUTION OF THEIR AGREEMENTS, THE PARTIES WILL SEEK, BEFORE ANY LITIGATION, AN AMICABLE AGREEMENT AND WILL COMMUNICATE TO THIS END ALL NECESSARY INFORMATION.
IN THE ABSENCE OF AN AMICABLE SETTLEMENT OF THE DISPUTE WITHIN A MAXIMUM PERIOD OF TWO (2) MONTHS, THE PARIS COURTS WILL BE SOLELY COMPETENT IN THE EVENT OF A DISPUTE OF ANY KIND OR A DISPUTE RELATING TO THE FORMATION OR EXECUTION OF THE ORDER.
THIS CLAUSE APPLIES EVEN IN THE EVENT OF REFERENCE, INCIDENTAL REQUEST OR MULTIPLE DEFENDANTS OR APPEAL IN WARRANTY, AND REGARDLESS OF THE METHOD AND TERMS OF PAYMENT, WITHOUT THE CLAUSES ATTRIBUTING JURISDICTION THAT MAY EXIST ON THE DOCUMENTS BUYERS MAY OBSTRUCT THE APPLICATION OF THIS CLAUSE.
(Please complete and return this form only if you wish to withdraw from the contract).
LES JARDINS DU ROI SOLEIL
8 rue Lemercier
75017 Paris
jrs@jardinsduroisoleil.com
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the property below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only in the event of notification of this form on paper):
Date :
(*) Delete what is unnecessary.
