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General conditions

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GENERAL CONDITIONS

SCOPE

These general terms and conditions apply to all and any transaction between Le Comptoir du Jardin (a simplified joint stock company with 112.500 euros in capital), headquartered at 221, avenue des Pépinières - 94550 CHEVILLY LARUE, registered in the Registre du commerce et des sociétés de Créteil under number B 691 920 474 (thereafter designated by "Le Comptoir du Jardin"), and all and any legal entity or natural person (thereafter designated by "CLIENT"), wishing to purchase the merchandise sold on the commercial site http://www.lecomptoir.com, owned by Le Comptoir du Jardin (thereafter designated by "Site").

These general terms and conditions rule the rights and obligations of the parties in the context of online sale of items to the CLIENT via the Site.  Ordering a product from the Site means the full agreement, without any reservation or restriction, by the CLIENT of these general terms and conditions, which are binding.  Ordering a product from the Site shall mean that the CLIENT acknowledges having read, understood and agreed to these general terms and conditions.  Comptoir du Jardin is entitled to modifying the terms and conditions at any time. However, the terms and conditions that apply to the CLIENT are the ones that are available at the time the order was placed. 

BUSINESS REQUIREMENT

Transactions on the Web Site are exclusively for natural persons and legal entities that are registered as a business as defined by articles L.121-1 et al. of the Code de commerce, and registered on the French territory. Non-registered persons are not allowed to purchase items from the Site. 

ITEM SOLD

Products featured on the site are shown with the greatest possible accuracy. Items available for sale on the Site are the ones provided by suppliers at the time the CLIENT visits the Site, and are subject to stock availability. Therefore, Le Comptoir du Jardin cannot guarantee availability of items shown on the Site. Photos and/or illustrations accompanying products are for information purposes only. 

ORDER REGISTRATION

The CLIENT can place an order online on the Site. In order to do so, CLIENT must first sign in on the Site by entering his/her client code and password. Any Site user who is not yet registered with a client code and password must first go through the registration process. This code and password are confidential and private. Any loss or theft thereof shall be promptly notified to Le Comptoir du Jardin. From the site, CLIENT selects the items to purchase, and the order is then summarized for CLIENT approval. The summary page includes two boxes to check, one named « order confirmation », the other named « I have read and agree to the Terms and Conditions ». If CLIENT wants to confirm the order and has effectively read the General Terms and Conditions, he/she can check these two boxes. By checking the two boxes, CLIENT irrevocably confirms the order. Said order is then firm and definitive. Subject to final payment and to the present conditions, the CLIENT and Le Comptoir du Jardin have then entered a mutual agreement on price and object of the transaction. 

ORDER PROCESSING

After placing the order as per the conditions detailed above, the CLIENT is prompted to payment as per the conditions detailed hereafter. Le Comptoir du Jardin might then, but not have to, send the CLIENT an email summarizing the purchase. in case of a problem arising from the order, the product, the delivery or an external event (typing error, abnormality, inconsistency, technical difficulty, dispute, supply issue...), Le Comptoir du Jardin shall be entitled to cancelling the order after informing and possibly refunding the CLIENT. Order information is saved in the computer files of Le Comptoir du Jardin and/or its host. These computer logs are deemed to represent the proof of all and any transactions between the parties on the Site. Archiving of the order information is made on a reliable and durable media that can be produced as a proof. 

DELIVERY

When the CLIENT has finished buying, the basket displays cost of delivery that is added to the price of items purchased. Validation of the order by the client means accepting the delivery conditions detailed in the General Terms and conditions. Items are delivered to the delivery address entered by the CLIENT when order is placed.
Delivery time: Except in case of act of God, fortuitous case, or strike, Le Comptoir du Jardin delivers to the address provided by CLIENT within a week after order is placed, in Metropolitan France only. Deliveries take place on business days. This information is provided for information purposes only and Le Comptoir du Jardin shall not be held accountable for any extension of the delivery time, nor shall such extension be a cause for cancelling the transaction or indemnifying the CLIENT.
Delivery charges: delivery charges are valid for one order to a single CLIENT (order placed by a CLIENT at a given time) and are calculated based on weight of items and final package and on delivery areas. Delivery charges automatically adjust in your basket, based on your purchases. For delivery abroad, please contact us: contact@lecomptoir.com. A customized estimate of shipping charges will be provided. For repeat delivery or delivery to hard to reach areas (island, mountain site...) or to a specific or tolled area, an additional amount of 20€ will be paid directly to the carrier. Deliveries take place from Monday to Friday, between 8h and 19h.
Liability for delivery: items are shipped under CLIENT's responsibility. CLIENT must verify condition of shipped goods upon delivery. Any issue regarding the delivery (damaged box, missing items...) shall be indicated by a reservation written on the delivery bill brought by the carrier. CLIENT shall also notify carrier of the problem, by sending carrier a registered letter within 7 working days after delivery, explaining the problem, the reasons, and attaching all necessary justification.  CLIENT shall also, within 7 days, send a copy of this letter to Le Comptoir du Jardin. After this 7 day period and in the absence of these procedural steps, items shall be deemed fit and acceptable and Le Comptoir du Jardin shall be held harmless of any claim. If delivery of products cannot take place because of CLIENT absence, CLIENT shall contact carrier thanks to the delivery note left at delivery site, to arrange for time and conditions of a new delivery. Additional costs incurred for re-delivery shall be entirely supported by CLIENT. 

PRICES

Products prices are shown in euros, before tax and delivery charges. Items ordered are charged based on price list available on Site on the day of order placement. Price is payable in full in one installment. Items remain under Le Comptoir du Jardin ownership until price is fully received by Le Comptoir du Jardin. Le Comptoir du Jardin may change its prices at any time, without any notice or formality other than changing them on the Site. 

PAYMENT

CLIENT must pay with a bank or credit card. Except special express agreement between parties, no other mean of payment shall be accepted. In case of payment with a bank card, payment is carried out exclusively on secure site of Le Comptoir du Jardin's partner bank, with a CB or VISA card or any other card certified by the Group of bank cards and accepted by Le Comptoir du Jardin's partner bank.  If payment is made with a VISA or EUROCARD MASTERCARD card, CLIENT must enter card number, expiration date and 3 digit security codes on the back of card. To ensure payment security, Le Comptoir du Jardin uses a secured payment service provided by its bank. Money is drawn from CLIENT's bank account between order placement and shipment date, for the amount calculated in Euros at time of order.  Order is subject to approval by bank payment institutions. In case of payment denial, the order shall be automatically canceled. CLIENT banking information never goes through the Site. Data pertaining to payment is saved and kept in the computer system of Le Comptoir du Jardin's bank partner. These computer files constitute the proof of all the transactions between parties on the Site. WARRANTY
All items offered by Le Comptoir du Jardin are subject to the legal warranty described in article 1641 et al. of Code civil. 

LIABILTY

The liability of Le Comptoir du Jardin shall not be engaged for a use of the products that is not compliant with their destination, or in cases where non-fulfillment of its obligations is caused by an unpredictable and insuperable event by a third party or by an Act of God. Likewise, Le Comptoir du Jardin shall be held harmless of any inconvenience or damage arising from the use of the Internet (breach of service, exterior break-in, computer virus...). 

INTELLECTUAL RIGHTS

All visual and sound elements (text, comments, sounds, photos, illustrations, images) of the Site and all programming data and technology used by the Site are the exclusive property of Le Comptoir du Jardin. All operating rights are exclusively for Le Comptoir du Jardin. Any copying, downloading, transmitting or distributing is strictly prohibited. In that regards, and in compliance with the clauses of the Code de la Propriété intellectuelle, only private usage is permitted. Any insertion of a simple link redirecting to the home page of the Site is subject to prior express authorization of Le Comptoir du Jardin, the latter expressly prohibiting the use of framing (embedding of another site's web page within its own site) or in-line linking (embedding a part of a web page, images), of another site into one's own site). Brands, logos, illustrations and models featured on the Site are the exclusive property of Le Comptoir du Jardin. Their disclosure shall not constitute a right to use in any way. PERSONAL DATA
By ordering from the Site, CLIENT agrees that Le Comptoir du Jardin will use the personal data provided by CLIENT or gathered by the Site itself (cookies...).
Gathering of this data is necessary for processing users' requests.
CLIENT shall be entitled to receiving special offers from Le Comptoir du Jardin and/or its Site. Subject to the clauses of article 32 of law n° 2004-801 dated August 6, 2004 amending law n° 78-17 dated January 6, 1978, CLIENTS have a right to access, modify or delete their personal data, at any time by regular mail to Le Comptoir du Jardin. Automated processing of information has been declared to CNIL under number 1431389 on May 25, 2010.
Le Comptoir du Jardin shall do its best to ensure confidentiality and security of transmitted data. For quality assurance and staff training reasons, some calls may be monitored.

PROTECTION OF YOUTH

The Site is exclusively intended for retailers and as per the conditions of article L. 121-2 of Code de commerce, an underage person, even legally independent, cannot be a retailer. Any order placed on the Site is strictly prohibited to minors. 

SEVERABILITY

If any part of these Terms and Conditions is determined to be legally invalid, unenforceable, or without effect, the remainder of the Terms and Conditions shall continue in effect. 

TERM 

These terms and conditions are valid for the entire time of online availability of the services offered by Le Comptoir du Jardin. 

APPLICABLE LAW - DISPUTE

These general terms and conditions are governed by the French law. The Site complies with French law. Le Comptoir du Jardin does not represent any guarantee that it complies with a foreign law applicable to a CLIENT visiting the Site from a country other than France. In case of dispute, the relevant jurisdiction is the Tribunal de commerce in Créteil. 

CLIENTS RELATIONS

For more information, in case of a question or difficulty, CLIENT can contact Le Comptoir du Jardin :

by phone from France : +33 (0)1 45 12 05 92

by e-mail : contact@lecomptoir.com

by regular mail : Comptoir des Fleuristes et des Jardiniers - 221, Avenue des Pépinières, Fleurs 486, 94648 Rungis Min Cedex

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