The online shop site www.sojennie.paris was established by SAS LES JARDINS DE L’ORBRIE, operating the site. These conditions are concluded between, on the one hand, SAS LES JARDINS DE L’ORBRIE (RCS Niort B 435 233 143), 7 rue de l’Aliette – ZA Alphaparc – 79300 BRESSUIRE – FRANCE and, on the other hand, persons wishing to make a purchase via the website www.sojennie.paris hereinafter referred to as “the user”. These terms and conditions apply exclusively to natural persons. The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any condition previously available on the site. If a condition is missing, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in France. These general conditions of sale will be validated by the user by clicking on the order.
Purpose
These conditions are intended to define the terms of sale between SAS LES JARDINS DE L’ORBRIE and the user, from the order to the services, through payment and delivery. They govern all the steps necessary for placing orders and ensure the follow-up of orders between the contracting parties.
Orders
Only products indicated as available on the site can be ordered.
Product offers, and prices are valid as long as they are visible on the site and while stocks last.
Orders must be established on the online form provided by SAS LES JARDINS DE L’ORBRIE. Order forms must be signed by the customer.
The user clicking on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
The contractual information will be confirmed by email at the latest at the time of delivery or, failing that, at the address indicated by the user on the order form. Any order transmitted to our company is irrevocable for the customer, subject to the application of the withdrawal period provided below.
Prices
Prices are quoted “ex works”, in euros and are only valid on the date the user sends the order form. They do not take into account delivery costs, which are invoiced in addition and indicated before the order is confirmed. Prices indicated on the www.sojennie.paris website are inclusive of all taxes, unless otherwise indicated. Where applicable, VAT takes into account the rate in force on the day of the order. Any change in the applicable rate of VAT will automatically be reflected in the price of the products in the online shop. The products are invoiced on the basis of the rates in force at the time of the order. Payment in full must be made at the time of ordering. At no time may the sums paid be considered as a deposit or advance payment. The prevailing price is the one that appears at the time of the order and will be reflected on the order confirmation.For information purposes, distributors of SO JENNIE products are not bound by the prices indicated on the site. The price of products offered by distributors may vary according to the point of sale, depending on their own pricing policies.
Payment methods
Payment shall be made at the time of ordering, without discount. The order must be paid by credit card. SAS JARDINS DE L’ORBRIE accepts the following credit cards: Carte Bleue, Visa, EuroCard-Mastercard, excluding any other card. The credit card is debited on the day the order form is processed.
The user guarantees SAS LES JARDINS DE L’ORBRIE that he has the necessary permissions to use the method of payment chosen by him, when validating the order form. SAS LES JARDINS DE L’ORBRIE reserves the right to charge any bank fees incurred by payments received. Any invoice, unpaid on the due date, will be increased by 3 times the legal interest rate, according to Law No. 2008-776 of 4 August 2008. SAS LES JARDINS DE L’ORBRIE reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card from the officially accredited bodies or in case of non payment. SAS LES JARDINS DE L’ORBRIE reserves the right to refuse to make a delivery or to honour an order from a user who has not paid in full or in part for a previous order or with whom a payment dispute is pending.
In the event of any payment incident whatsoever, SAS LES JARDINS DE L’ORBRIE reserves the right to suspend current orders and refuse to honor any new order until full payment of the amounts due.
Transfer of ownership
The transfer of ownership from SAS LES JARDINS DE L’ORBRIE to the user will be made after full payment of the price by the latter, regardless of the date of delivery of such products. However, the transfer of risk of loss and deterioration of the products of SAS LES JARDINS DE L’ORBRIE will be made upon delivery of products to the carrier.
Availability
SAS JARDINS DE L’ORBRIE honours orders within the limits of its available stocks. In case of temporary or permanent unavailability and where SAS JARDINS DE L’ORBRIE has collected payment, a credit note will be automatically generated for the customer who can then choose either a refund or another product for an equivalent price.
Delivery
Products are delivered to the address indicated by the user on the order form, the user must ensure that this address is correct. Products are delivered according to the conditions indicated on the page “”Shipping costs and delivery times”” before confirmation by the customer. In no case can SAS LES JARDINS DE L’ORBRIE be held responsible for any delay. Except for unavailability or closure periods indicated on the site, SAS LES JARDINS DE L’ORBRIE guarantees the preparation and shipment of the order within two working days after full payment of the order. Once shipped, the order is delivered to the customer. To know the foreseeable time of delivery, the customer must add to the time of receipt of payment two working days for processing the order and the postal delivery time, which depends among other things on the weight and the delivery address.
SAS JARDINS DE L’ORBRIE can not be held responsible for the consequences due to late delivery or loss of packages caused by the fault of the customer, by the unforeseeable and insurmountable fact of a third party to the contract or because of a case of force majeure.
The user is required to check the condition of the packaging and the goods on delivery and to report any damage to the carrier on the delivery slip, as well as to SAS LES JARDINS DE L’ORBRIE, within 5 working days after delivery for available products.
Upon receipt of the order, it is the responsibility of the customer to check the conformity as well as the number of shipments received and to indicate, if necessary, any anomaly on the invoice in the form of handwritten reserves accompanied by their signature.
Any anomaly concerning delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.) must imperatively be indicated on the delivery note in the form of “”handwritten reserves””, accompanied by the name and signature of the customer. This claim can be made to SAS LES JARDINS DE L’ORBRIE by telephone on 05 49 82 10 00 (from Monday to Friday from 9 am to 12:30 pm and from 2 pm to 5 pm), but in parallel the user must confirm this anomaly by fax, registered mail or email to: SAS LES JARDINS DE L’ORBRIE – 7 rue de l’aliette – 79300 BRESSUIRE – FRANCE – Fax: 05 49 80 21 47 – email: contact@lesjardinsdelorbrie.com
Any claim that does not comply with the rules and time limits defined above may not be taken into account and will release SAS LES JARDINS DE L’ORBRIE of any responsibility towards the user.
The customer can track their orders on the “”My Account”” page of this website or by phone. The telephone number is indicated in the order confirmation email and on the “”My Account”” page.
Any parcel returned to the sender because of an incorrect or incomplete delivery address will be reshipped at the user’s expense.”
Product waranty
In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof shall not deprive the user of the legal guarantee which obliges the professional seller to guarantee them against all the consequences of hidden defects in the thing sold. Extracts from the French Consumer Code – Art. L. 211-5: “To be in conformity with the contract, the goods must:
1) be fit for the use usually expected of similar goods and, where applicable : correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by its representative, in particular in advertising or labelling;
2) or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller’s attention and accepted by him. Art. L. 211-12: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods”.Extracts from the Civil Code – Art. 1641: “The seller is liable for hidden defects in the thing sold which make it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lower price for it, if they had known about them. Art. 1648 paragraph 1: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect”. Implementation – To benefit from the warranty, the customer must return the product with the invoice, their details (surname, first name, postal address) and describe the problem encountered, to: SAS LES JARDINS DE L’ORBRIE – 7, rue de l’Aliette – 79300 BRESSUIRE – FRANCE. In the event that the lack of conformity is duly noted, SAS LES JARDINS DE L’ORBRIE may replace the product by an equivalent product, if necessary. The customer may contact SAS LES JARDINS DE L’ORBRIE, SAV, via the form on the site or by telephone.
Right of withdrawal
In accordance with article L121-20-12 of the French Consumer Code, the user has a legal withdrawal period of 14 calendar days from the date of delivery to return, at their own expense, any products that do not suit them. This period runs from the day of delivery of the user’s order. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. Any return must be reported in advance to the Customer Service department of SAS LES JARDINS DE L’ORBRIE: by phone at +33 (0)5 49 82 14 00 (Monday to Friday from 9am to 12:30pm and from 2pm to 5pm. The product must be returned by registered mail to the following address : SAS LES JARDINS DE L’ORBRIE – 7 rue de l’aliette – 79300 BRESSUIRE – FRANCE. Only products returned in their entirety, in their original packaging, complete and intact, and in perfect condition for resale will be accepted. Any product that has been damaged or whose original packaging has been damaged will not be refunded or exchanged. This right of withdrawal is exercised without penalty, with the exception of the cost of return. In the event that the right of withdrawal is exercised, the user has the choice of requesting either a refund of the sums paid or an exchange of the product. In the case of an exchange, the return will be at the user’s expense. In case of exercising the right of withdrawal, SAS LES JARDINS DE L’ORBRIE will reimburse the user within 14 days from the date on which they were informed. The user will then be reimbursed the amount of the transaction (including shipping costs) by crediting their card account (secure transaction) in case of payment by credit/debit card, or by cheque in other cases.
liability “SAS LES JARDINS DE L’ORBRIE does not incur any liability, either to its customer or to any third party whatsoever, for the distribution of products listed in its price list and on its site.
In case of non-execution or partial execution of an order, the responsibility of SAS LES JARDINS DE L’ORBRIE will be strictly limited to the amount of the order (pro rata in case of partial execution) and cannot give rise to any additional compensation.
SAS LES JARDINS DE L’ORBRIE cannot be held liable for direct or indirect damage of any kind, including unrealized profits or loss of data, resulting from the consumption or use of its products.
For all stages of access to the site, the ordering process, delivery, SAS LES JARDINS DE L’ORBRIE only has a best-efforts obligation. In case of a request for reimbursement, LES JARDINS DE L’ORBRIE undertakes to refund the order within 14 days. SAS LES JARDINS DE L’ORBRIE cannot be held liable for any inconvenience or damage inherent in the use of the Internet, including a break in service, external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with case law.
The products of SAS LES JARDINS DE L’ORBRIE are in accordance with French law. Therefore, in case of import or use outside French territory, it is the customer’s responsibility to ensure in advance that the product does not contravene local standards, particularly concerning the consumption of alcohol.
Personal information
Law No. 78-17 of 6 January 1978 amended by Law 2004-801 of 6 August 2004 (Data Protection Act): in accordance with the law relating to Information Technology, Files and Freedoms, our file is declared to the French Data Protection Authority (CNIL). In application of the amended “”Data Protection Act”” of 6 January 1978, all Customers have the right to access, oppose and rectify any personal information that they provide when subscribing to the service.
This right of access, rectification and opposition concerns in particular the customer’s name, address (home and email) and bank details. The customer may exercise this right of access, rectification and opposition either by sending an email to the Customer Service department: (contact@lesjardinsdelorbrie.com); or directly on the website www.sojennie.paris, in the “”contact us”” section.
By subscribing to the service, the customer accepts that SAS LES JARDINS DE L’ORBRIE uses the personal information they have provided to ensure the proper functioning, proper implementation and monitoring of the service. They also agree that – in this context – this information is communicated by SAS LES JARDINS DE L’ORBRIE to service providers who can contribute to the realization of the service. In addition, as a user of www.sojennie.paris, the customer accepts the emails sent by SAS LES JARDINS DE L’ORBRIE, relating to the proper functioning and nature of the service.
Access to some of our services is subject to the allocation of a password that gives individuality and confidentiality to the user’s actions. The user is obliged not to communicate it. Any loss of secrecy and its possible consequences will be the user’s sole and entire responsibility.”
Intellectual property
All elements of the www.sojennie.paris website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of SAS LES JARDINS DE L’ORBRIE. The user who has a personal website and who wishes to place, for personal use, on his site a simple link directly to the homepage of the site www.sojennie.paris, must request permission from SAS LES JARDINS DE L’ORBRIE. In this case, it will not be an implicit affiliation agreement. On the other hand, any hypertext link to the www.sojennie.paris website using the framing or in-line linking technique is strictly prohibited. In all cases, any link, even tacitly authorised, must be removed on request from SAS LES JARDINS DE L’ORBRIE.Any mention or use of trademarks, names, acronyms, logos, colours, graphics or other, licensed to or belonging to or registered by SAS LES JARDINS DE L’ORBRIE, is strictly prohibited unless prior written approval of SAS LES JARDINS DE L’ORBRIE.
Applicable law and consequences
These conditions are subject to French law.
General provisions
The possible nullity of a clause of these terms and conditions shall not entail the nullity of all or part of these terms and conditions ; such a clause shall be deemed unwritten.