Terms of sale
Preliminary article: Scope of application
These general terms and conditions of online sale (hereinafter referred to as the “GTCS”) are entered into between :
- on the one hand, the company FLC GROUP, a simplified joint stock company with a single shareholder and a capital of 1072 Euros, registered with the RCS of Paris under number 898 585 294, having its registered office at 8 rue François 1er 75008 Paris, unique identification number (UID) FR404352_01PJYK (hereinafter the “Company”).
For the full information of the consumer, FLC GROUP is the marketing company for “Jardins Baulieu” brand products, available for sale on its website https://www.jardinsbaulieu.com, (hereinafter the “Site”),
- on the other hand, any consumer or non-professional purchaser placing an online order on the Site (hereinafter the “CLIENT”).
The GTCS apply exclusively to consumers and non-professional buyers placing an online order on the Site, acting for the satisfaction of their personal needs. The CLIENT declares that he/she has the capacity to enter into the present contract, i.e. that he/she is of legal age and not under guardianship or curatorship.
Professionals, whether natural persons or legal entities, must contact the Company directly for any purchase of products from the latter, it being specified that the professional will in any case be subject to the Company's general terms and conditions of sale applicable to its professional clientele, and available on request.
These terms and conditions apply to the exclusion of all other terms and conditions, in particular those applicable to sales in hotels or through other distribution and marketing channels.
All orders placed by the CLIENT for a product appearing in the Site's online store imply automatic, full and unreserved acceptance of the GTCS, which are accessible at all times on the Site.
No clause to the contrary, in the absence of prior, express and written acceptance by the Company, may therefore be invoked by the CLIENT, regardless of the time at which it may be brought to the attention of the Company.
Should any of the provisions of the GTCS be invalidated, this shall not invalidate the other provisions of the GTCS, which shall remain in force between the parties.
The fact that the Company or the CLIENT does not, at a given time, avail itself of any of the GTCS, may not be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date.
The GTCS may be modified at any time by the Company. The applicable GTC shall be those in force on the Site on the date of the CLIENT's order.
For all orders, clicking on the CONFIRM MY ORDER AND PAY button constitutes an electronic signature. Consequently, the CLIENT acknowledges that he/she has been fully informed that his/her agreement to these GTCS does not require a handwritten signature.
Any order placed on the Site is in any case subject to the automatic acceptance of the G TCSby the CLIENT.
In the absence of proof to the contrary, the data recorded in the Company's computer system constitutes proof of all transactions concluded with the CLIENT.
Article 1: Product offer
The Company undertakes to present in a clear, legible and comprehensible manner the essential characteristics of the products and the compulsory information that the CLIENT must receive under French law.
These characteristics and information appear on the product pages on the web Site.
In particular, these pages contain the function of the product, the list of ingredients and the nominal content (volume or mass).
The CLIENT undertakes to read this information carefully before placing an order on the Site.
The Company draws the CLIENT's attention to the fact that the photographs may represent colors of containers and textures of products that differ slightly from reality, in particular due to the resolution of the screen from which the CLIENT navigates the Site.
The CLIENT is responsible for using the products ordered in compliance with the minimum durability date, if any, and in accordance with the precautions for use indicated on the product packaging.
The choice and purchase of a product is the sole responsibility of the CLIENT.
The Company endeavors to keep the list of products immediately available for sale up to date.
However, despite all the care taken by the Company, certain products presented on the Site may be temporarily out of stock.
The simple act of adding a product to the shopping basket does not constitute validation of the order. In other words, the product may become unavailable between the time it is added to the basket and the validation of the order by the CLIENT.
In any case, if unavailability was not indicated at the time the order was placed, the Company undertakes to inform the CLIENT without delay if a product is unavailable.
The CLIENT will be reimbursed for all sums paid for the unavailable product(s) within fourteen (14) days of the order date at the latest. The available product(s) from the same order will be delivered within the agreed timeframe.
Article 2 : Orders
2.1 The CLIENT must select the product(s) of his/her choice by clicking on the product(s) concerned and choosing the desired quantities. Once the product has been selected, it is placed in the CLIENT's shopping cart. The CLIENT may then add as many products as he/she wishes to his/her basket, subject to the limit of orders whose abnormal quantities would lead to the assumption that the CLIENT is a professional.
Once the CLIENT has validated the contents of the basket, an automatically completed online form will be displayed, summarizing the price, applicable taxes and delivery charges.
The CLIENT can then proceed to pay for the products using the chosen method of payment, by following the instructions on the Site and providing all the information required for invoicing and delivery of the products.
2.2 Any order placed implies acceptance of the prices and descriptions of the products, which the CLIENT has previously been able to read on the Site.
The CLIENT may check the order summary, the total price including delivery costs and correct any errors before confirming the order.
It is the CLIENT's responsibility to verify the accuracy of the order and to immediately report or rectify any errors.
An order is registered on the Site when the CLIENT validates his/her order. This validation implies acceptance of the entirety of these GTCS.
The sale is final only after the Company has sent the CLIENT confirmation of acceptance of the order by e-mail, which must be sent without delay, and after the CLIENT has paid the full price.
Any order placed, validated by the CLIENT and confirmed by the Company, under the conditions and according to the methods described above, on the Site constitutes the formation of a contract concluded remotely between the CLIENT and the Company.
Once confirmed and accepted by the Company, under the conditions described above, the order cannot be cancelled by the CLIENT, except by exercising the right of retraction.
2.3 Any order presenting quantities such that it does not appear to be placed by a consumer or a non-professional buyer acting for the satisfaction of his personal needs may be refused by the Company. In this case, an e-mail will be sent to the CLIENT informing him/her of the refusal of his/her order presenting abnormal quantities.
2.4 The Company also reserves the right to cancel any order from a CLIENT with whom there is a dispute over payment of a previous order, or who fails to comply with the terms of these GTCS.
Article 3 : Prices
3.1 The price of each product indicated on the Site is expressed in Euros, all taxes included, excluding delivery charges, which are invoiced in addition and calculated before the order is placed.
3.2 Delivery charges are explicitly specified on the https://jardinsbaulieu.com website. The amount of delivery charges may vary depending on the delivery address of the order.
3.3 All prices are subject to obvious typographical errors. Should an obvious typographical error occur, the Company will inform the CLIENT that the order will be invoiced at the rate corrected by the obvious typographical error.
The CLIENT will of course have the option of accepting the order under the corrected conditions or cancelling the corrected order without the application of any penalty.
3.4 When the order is finalized, the total price validated by the CLIENT is expressed inclusive of all taxes and includes the price of the products and delivery charges.
3.5 The Company reserves the right to modify its prices at any time. Products are invoiced on the basis of the price list in force on the Site at the time the CLIENT's order is registered by the Company.
3.6 Notwithstanding the provisions relating to the transfer of risks, the products remain the property of the Company until full payment of the price indicated in the order, including delivery charges.
Article 4: Terms of payment
Payment for the CLIENT's purchases on the Site is made, in full and in cash, exclusively in Euros and by bank card when the CLIENT places the order (Carte Bleue, Visa and MasterCard, Apple Pay).
The CLIENT is required to provide: the type of payment card, the card number, the expiry date and the cryptogram.
The CLIENT warrants that he/she is fully authorized to use said card, and that it provides access to sufficient funds to cover all costs arising from his/her order.
In this respect, and in order to combat payment fraud, the Company reserves the right to ask the CLIENT to provide any document demonstrating either that he/she is the holder of the means of payment used, or that he/she has all the authorizations required to use the means of payment in question.
The Site uses the secure payment solution proposed by Shopify, which uses the 3D secure system and SSL (Secure Socket Layer) certificates.
Payments made by the CLIENT will not be considered final until the Company has received the sums due.
Payment on delivery is not accepted.
Article 5: Delivery and delivery time
5.1 Products are delivered in France and Europe according to one of the following delivery methods:
Delivery in mainland France :
- home delivery to the address indicated by the CLIENT at the time of ordering;
- delivery to a relay point.
The CLIENT may also opt for standard or express delivery, according to charges calculated before the order is validated.
Delivery France DOM :
- home delivery to the address indicated by the CLIENT at the time of ordering;
Delivery Europe (excluding UK):
- Home delivery to the address indicated by the CLIENT at the time of ordering, against signature.
It is the CLIENT's responsibility to provide the exact details required for the correct delivery of their order. Consequently, in the event of an error by the CLIENT preventing delivery, the Company cannot be held responsible for any delay or impossibility of delivery.
5.2 The CLIENT must check that the quantity of products delivered conforms to the order and their apparent condition at the time of delivery before signing the carrier's delivery note.
It is the CLIENT's responsibility to refuse to sign the delivery note and the product(s), if applicable.
The Company hereby informs the CLIENT that the words “subject to unpacking” have no legal value, and do not establish that the damage existed at the time of delivery.
Any apparent defect and/or any non-conformity of the quantity of product(s) delivered with the order must be the subject of unambiguous reservations by the CLIENT on the delivery note in the presence of the carrier, and must be confirmed within 24 hours by the CLIENT to the Company, by sending an e-mail to the following address: info@jardinsbaulieu.com, accompanied by supporting photos.
Failing this, the packaging and product(s) delivered will be deemed to have no apparent defect(s), and the quantity of product(s) delivered will conform to the order.
No product may be exchanged or refunded until it has been returned and received by the Company.
Before returning a product to the Company, the CLIENT must contact the Company by e-mail at the following address: info@jardinsbaulieu.com
In the event of apparent defect(s) or non-conformity of the products delivered, the CLIENT may obtain a free replacement or refund of the product(s) and the cost of returning and reshipping the product(s).
In the event of a refund, the amount will be paid into the CLIENT's account no later than fourteen (14) days following receipt of the return package.
5.3 The Company undertakes to use its best efforts to deliver the products ordered by the CUSTOMER within the times indicated at the time of the order, which may vary depending on the product ordered and the delivery address.
In any event, if the products ordered have not been delivered by the delivery date communicated by the Company at the time of the order, for any reason other than force majeure or the fault of the CLIENT, the latter may give formal notice to the Company to effect delivery within a reasonable additional period by e-mail info@jardinsbaulieu.com.
Failing delivery after this new deadline, the CLIENT may cancel the order, which will be considered cancelled on receipt by the Company of the letter or e-mail, unless delivery has taken place in the meantime.
The Company will reimburse the CLIENT for all sums paid by the CLIENT within a maximum of 14 days, to the exclusion of any compensation.
Article 6: Right of withdrawal
With regard to the right of withdrawal, the CUSTOMER is hereby informed that for purchases of products made on the Site, with the exceptions provided for in Article L.221-28 of the French Consumer Code, he or she has a period of fourteen (14) calendar days from the day following receipt of the products to exercise his or her right of withdrawal from the Company, without having to justify his or her reasons or pay any penalty.
If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.
To exercise his right of withdrawal, the CLIENT must notify his decision to withdraw by means of an unambiguous statement or using the standard withdrawal form at info@jardinsbaulieu.com
Any product subject to the right of withdrawal must be returned to the Company within fourteen (14) days of the date of withdrawal, in its original condition, without having been unpacked.
If the right of withdrawal is exercised, the price of the product(s) will be reimbursed to the CLIENT on the date of recovery of the product(s) or until the CLIENT has provided proof of shipment of the product(s), whichever comes first.
The cost of returning the product(s) in the event of retraction shall be borne by the CLIENT.
With regard to the following products, the CLIENT's right of withdrawal does not apply, by virtue of article L.221-28 of the French Consumer Code: goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
In particular, the Company will unfortunately not be able to reimburse products which have clearly been used or damaged (including in particular: activated or unscrewed pump, damaged or torn case, manipulated, crushed or used tube).
The CLIENT acknowledges having read this list, which is set out in these GTCS.
Article 7: Warranties
7.1 The products offered for sale on the Site, including their packaging, comply with current European legislation and regulations.
7.2 The products supplied to the CUSTOMER benefit by right and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:
- the legal guarantee of conformity, for products which appear to be defective, damaged or damaged or which do not correspond to the order;
- The legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for the use for which they were intended,
in accordance with the terms and conditions set out in the box below.
When acting under the legal warranty of conformity, the CUSTOMER :
-Has a period of two years from delivery of the product to take action against the Company;
-May choose between repair or replacement of the product, subject to the cost conditions stipulated in article L.217-9 of the French Consumer Code;
The purchaser is exempt from proving the existence of a product's lack of conformity during the twenty-four months following delivery of the product, except for second-hand goods, for which the period is extended to six months.
The legal warranty of conformity applies independently of any commercial warranty that may cover the product.
The CUSTOMER may decide to invoke the warranty against hidden product defects as defined in article 1641 of the French Civil Code, in which case he/she may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
Article 8: Liability
The Company may not be held liable for any damage of any kind, whether material, moral or physical, which may result from the use of the products by the CUSTOMER which does not correspond to the use for which they are intended.
The Company shall not be held liable in the event that the non-performance of its obligations is attributable either to the CLIENT, or to the unforeseeable and insurmountable act of a third party, or to a case of force majeure.
As the products offered on the Site are not intended for use by professionals, the Company cannot be held liable for any prejudice whatsoever resulting from the use of the product purchased by the CLIENT for a professional activity.
The Company declines all responsibility for any technical difficulties that CLIENTS may encounter on the Site, whatever the cause or origin, particularly in the event of bugs, as well as in the event of damage caused to the CLIENT's computer equipment while browsing the Site.
Article 9: Data protection
The Company has an online sales website. This site is used to receive orders from CUSTOMERS, and the data collected on this occasion is recorded and processed in a customer file.
This file is used to :
- Manage orders, payment and delivery.
- Carry out marketing operations (loyalty, promotions) and send advertising by e-mail to CLIENTS who have not objected or who have accepted (on products similar to those they have ordered or on other products offered by the Company).
By validating his/her order, the CLIENT accepts the Data Protection Policy describing the processing of his/her personal data.
Article 10: Intellectual property
All elements of the Site (logos, trademarks, images, photographs, product sheets, descriptions, layout, etc.) are the exclusive property of the Company or its partners and may not be reproduced or represented without its agreement.
Any reproduction or representation, in whole or in part, is strictly forbidden and may constitute an infringement of copyright which may incur the civil and criminal liability of its author.
Any user who has a website or blog and wishes to place a simple link directly to the Site's home page for any purpose must request authorization from the Company. Any link, even tacitly authorized, must be removed on simple request from the Company.
Article 11 : Transfer of risks
Unless the CLIENT uses a carrier of its own choosing, independent of the Company, in which case the transfer of risk takes place when the products are handed over to the carrier by the Company, the transfer of risk of loss or deterioration of the products will only take place when the CLIENT takes physical possession of the products.
Article 12: Customer service
For any questions or information, the consumer service is available to CUSTOMERS:
- by e-mail: info@jardinsbaulieu.com
- by post at 8 rue François 1er, Paris 75008 France
Article 13 : Applicable law - Competent jurisdiction
The present contract is governed by French law.
Any and all disputes arising out of or in connection with the purchase or sale transactions concluded in application of these GTCS, concerning their validity, interpretation, performance, cancellation, termination, consequences and consequences thereof, and which cannot be resolved amicably between the Company and the CLIENT, shall be submitted to the competent French courts under the conditions of common law.