General Terms of Sale
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Purpose of the website and designation of parties The current website is edited by LJC International, an SAS with a capital of 10000 €, registered with the trade and companies of Nanterre under the number 53842261900014, and whose headquarters are located at 28 bis rue des Fontaines, 92310 Sèvres. Intracommunity VAT number: FR07538422619. The website is hosted by Oxatis whose headquarters are located at 18, rue de la Butineuse, 13015 Marseille reachable by phone at the following phone number: +33(0)108201022. The website’s publication director is Arnaud de Rességuier and the editing director is Florence de Rességuier. The website is open access and free to all web users. Entering into a contract governed by these general conditions with the publisher of this website implies the user’s acceptance of these general terms and conditions. The user recognizes the same fact by becoming fully aware of it. This acceptance will occur by placing an order on the site. This fact shall be deemed to have the same value as a handwritten signature on the part of the user. The user recognizes the value of the proof of the website publisher’s automatic registration systems and, except when he provides evidence to the contrary, he waives the right to contest them in the case of a dispute. The acceptance of the general conditions implies on the part of the user that he has the legal capacity necessary to do this, or if not, that he has the permission of a guardian or a trustee, his legal representative if he is minor, or that he has a mandate when acting on behalf of a legal person. |
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Modality of subscription orders and purchasing process overview In order to comply with the provisions of the Act of trust in the digital economy of 21 June 2004, the ordering process will be described hereinafter: to place an order, Internet users will be able to select one or more objects and add them to their shopping cart. When their order is complete, they will be able to access their shopping cart by clicking on the button provided for this purpose. By viewing their cart, members shall have the right to verify the number and the nature of the items they have chosen and will be able to check their unit price and the total price of the order. They will be able to remove one or more objects from their shopping cart. If they are satisfied with their order and wish to validate it, users will be able to click on the validate button. They will then have access to a form in which they can either enter their login credentials if they already have them, to register on the website by completing the form that is presented with personal information about them. Once they are logged in or after they have fully completed the form, customers will be invited to check or modify their delivery and billing details, and then they will be invited to make payment by being redirected to the secure payment interface. Once the payment is actually received by the site’s publisher, the latter undertakes to acknowledge receipt to the customer electronically, within a maximum period of 24 hours. Similarly and within the same timeframe, the publisher undertakes to send the customer an e-mail summary of the order and a processing confirmation. It will also contain all information relating to the order, the products ordered, delivery, as well as the procedures for exercising their right of withdrawal. The prices indicated on the site are expressed in Euros, including tax for intra-community deliveries, excluding tax for EU deliveries, and excluding delivery costs. These prices may be changed at any time by the publisher; prices are only valid on the day of the order and do not carry effect for the future. Delivery charges will be, in any event, indicated to the client before any payment. Products and articles sold remain the property of the seller until full payment of their price, in accordance with the ownership reserve clause. Product availability is indicated on the website on each item’s description page.
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Information related to payment
The
internet user may place an order on the website, and he may make payment using
a bank card or PayPal.
Bank card payments are made using a means of secure transactions furnished by
the provider: BNP PARIBAS.
As related to bank card payments, the website publisher has no access to
information related to the user’s method of payment. Payment is made directly
to the bank establishment.
Delivery time defined in the article below only begins on the date the payment
is received by the seller, and the latter can prove it using any method.
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Delivery or provision Orders are delivered by La Poste, TNT, or another carrier chosen by the seller. Products are delivered to the address indicated by the consumer on the order, only in the areas serviced by the seller. The delivery time is on average 3 days after the package departure notice. Certain products or certain order volumes may justify a delay in delivery greater than 3 working days. It will be brought to the consumer’s attention during order validation. As with all shipping, delays or lost products are possible. In such a case, the website publisher will contact the carrier to begin an investigation. Every effort will be made to find the package. In the event that the package is not delivered within 15 days after the package’s departure, an identical product may be sent or the purchaser may request a refund of his order. We disclaim all responsibility when deliveries are delayed as a result of the carrier, in the event of product loss, weather, or a strike.
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Delivery problems as a result of the carrier
Any anomaly concerning delivery (damage, a missing product
compared to the delivery order, a damaged parcel, broken products...) must be
indicated on the delivery note in the form of "handwritten reserves",
accompanied by the customer’s signature.
At the same time, the consumer must confirm this anomaly by addressing it with
the carrier within (2) two business days following the delivery date in an
email, and acknowledgement of receipt exposing such claims is recommended.
The consumer must transmit a copy of this email to the SELLER’S ADDRESS.
Without this statement, we will not proceed with any exchange.
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Delivery Errors
On the same day as the delivery, or no later than one
business day after delivery, the consumer must make any delivery error
complaint and/or non-conformity of products in kind or in quality compared to
the indications mentioned on the order form to the SELLER.
Beyond this period, any claim will be rejected.
The formulation of this claim to the seller may be made to
the seller's address.
Any claim not performed within
the rules defined above or within the time limits will not be taken into
account and shall relieve seller of any liability towards the consumer.
In case of delivery error or exchange error, any product for exchange or refund
must be returned to the seller as a whole, in its original packaging in perfect
condition, to the seller's address. To be accepted, any return will have to be
reported and have the seller’s consent, which if agreed will re-ship the
package to the correct address.
Shipping costs are borne by the seller, except in the case where it will prove
that the product does not correspond to the original declaration made by the
consumer on the return notice.
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Provisions related to consumer’s rights
The website’s
customer service is accessible from Monday to Friday from 9:00 AM to 6:00 PM at
the following non-premium rate telephone number: +33(0)1 0141144527, or by email at the
following address [email protected], or by mail at the following address:
LJCInternational, Customer Service, 28 Bis rue des Fontaines, 92310 Sèvres. In
the last two cases, the publisher commits to provide a response within 2
days.
In accordance with the legislation in force, consumers have a period of 14 days
from the date a package is received to request an exchange or refund. In order
to exercise this right, it is their responsibility to return (at their expense)
the parcel in its original packaging, to the address of the company’s
headquarters: YOA International, After-sales Service, 28 BIS Rue des Fontaines,
92310 Sèvres, accompanied with a letter requesting either a refund or an
exchange. The refund will take place as soon as possible and at the latest
within 15 days following the date of the withdrawal.
Products must be returned in their entirety, in their original, complete and
intact packaging, and in a perfect state of resale. Any product that has been
damaged, or whose original packaging is damaged will be neither reimbursed, nor
accepted back, nor exchanged. This right of withdrawal is exerted without
penalty, except for the return shipping costs. In the event a consumer
exercises his right of withdrawal, he has the choice to ask for either refund
of sums paid or a product exchange. In the case of an exchange, re-shipping
will be at the consumer’s expense.
In accordance with the provisions of articles L121-20
and additions from the Consumer Code, you can under no circumstances exercise a
right of withdrawal for the following products:
·
goods whose price depends on
fluctuations in financial market rates
·
goods made according to the
consumer's specifications or clearly personalized or which, because of their
nature, cannot be re-shipped or are likely to deteriorate or expire rapidly
·
audio or video recordings or
computer software if they are unsealed by the consumer
·
newspapers, periodicals or
magazines
Any delay in delivery may lead to the resolution of the
sale at the initiative of the consumer, upon written request from on his part.
The consumer will then be refunded the sums paid by him when he placed the
order. This clause is not intended to apply if the delay in delivery is a
result of a case of force majeure, beyond the publisher’s control. In such
cases, the customer agrees to not pursue legal action against the site or its publisher
and renounces to avail themselves of the resolution of the sale provided for in
this article.
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Guarantee for products purchased on the website
In the event a product
purchased on this site is defective, customers have, in accordance with the
provisions of the civil code on the legal guarantee against hidden defects, a
period of two years from finding the said defect to ask for an exchange or
refund of the product, and, in the application of Article L211-5 of the
Consumer Code they will have a period of two years from the receipt of the said
product for an exchange or a refund in the event the delivered good is not
suitable, in the sense of the meaning given to that word by the aforementioned
article. In order to exercise any of these rights, it is their responsibility
to return the parcel to the company’s headquarters address: YOA International,
After-sales Service, 28 BIS Rue des Fontaines, 92310 Sèvres, accompanied by a
letter of explanation requesting either a refund or an exchange. The cost of
sending the package, in the latter case only, will then be refunded to the
customer by check or by wire transfer, within a maximum period of thirty days.
Objects purchased on this site have a conventional guarantee offered by the seller.
The duration of the guarantee is likely to vary depending on the product and
will be detailed on each item’s product page. This guarantee is in addition to the guarantee against latent defects
defined by the Civil Code as well as the guarantee of good compliance imposed
by Article L211-5 of the Consumer Code which is, when required, still
applicable and defined above.
The consumer is specifically informed that the seller is not the
manufacturer of the products presented on the site, unless information to the
contrary is stated, and that the seller disclaims any liability for defective
products.
Consequently,
in case damage is caused to a person or property by failure of the product,
only the manufacturer’s liability may be sought by the consumer on the basis of
the information contained on the packaging of said product.
The warranty period is one year (1 year). All products modified or repaired by
the customer or by any entity other than the providers chosen by the seller are
excluded from this guarantee.
The guarantee may be extended according to the terms specified on the website.
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Member space
Creation of a personal space is a
prerequisite for any user to place an order on this site. To this end, the
member will be asked to provide certain personal information. The member
commits to providing accurate information, or he may be subject to cancellation
of the contract and deletion of the customer account by the publisher. Some
information will be deemed essential to enter into the contract, and collecting
it may be necessary to create a personal space and validate the contract. A
member’s refusal to provide such information will prevent the creation of a
personal space and as a result, validation of the order.
This space allows the customer or member to view all his orders on the website,
and also, where appropriate, allows him to track delivery of the purchased
goods.
If the information contained in the personal space disappears as a result of
unforeseeable circumstances, technical failure, or a force majeure event, the
site’s publisher may not be held liable, as this information has no probative
value and is for informational purposes only. However, the publisher commits to
secure all contractual elements required by the act or by regulations in force.
Personal space pages are freely printable by the account holder in question,
but they do not constitute evidence. They are for informational purposes only
and are intended to ensure that the customer can effectively manage orders.
When creating the personal space, the user is prompted to choose a password.
This password guarantees the confidentiality of the information contained in
the 'My Account' section, and the user is therefore prohibited from
transmitting or communicating it to a third party. Otherwise, the website
cannot be held liable for any unauthorized access to the user's account.
The publisher reserves the exclusive right to delete the account of any member
who breaches these terms and conditions (including but not limited to a member
knowingly providing false information when registering and creating his
personal space) or any account that has been inactive for at least a year. This
deletion is not likely to constitute damage to the excluded member, and the
member will not be able to claim compensation as such.
This exclusion does not prevent the publisher from pursuing judicial
prosecution against the member when the facts justify such action.
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Publisher’s Newsletter
By checking the box provided for this
purpose or by expressly agreeing to it, members agree that the publisher can
provide a newsletter (informational) that may
contain information related to his activity on the site, at a frequency and in
a form determined by the publisher.
When
the user checks the box provided for this purpose, he agrees to receive
commercial offers from the site’s publisher for products and services similar
to those ordered.
Subscribed members shall have the right to unsubscribe from the newsletter by
clicking on the link provided for this purpose, which will appear in each
newsletter.
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Notices related to the Freedom and Information Act of 6
January 1978
Internet users have the freedom to provide their personal information. Providing personal information is not required to navigate the website. However, registration on this site assumes that the publisher will collect certain personal information about internet users. Internet users who do not wish to provide information necessary to use the services offered by this site as well as, where appropriate, the information necessary to create a personal space, may not use the services provided by the site publisher nor place an order on this site.
As part of placing an order on this site, information about payment-related data, including the bank card number and its use for commercial identification, is subject to the consent of the person concerned, through the various forms offered on the site.
The information collected is necessary for the proper administration of the services offered on this site, as well as to respect the publisher’s contractual obligations. This data is stored by the publisher, and the publisher commits to not use it in any other context, nor transmit it to third parties, except with the user’s express agreement or in cases provided for by law.
Contact information for all registered users on this site is saved for 60 months, the reasonable amount of time necessary for the proper administration of the site and normal use of the data. This data is kept in secure conditions, according to the current technical methods, in compliance with the provisions of the Freedom and Information Act of 6 January 1978.
In accordance with the Act, users have the right to object, question, access, and correct the information that they have provided. To do this, simply make a request to this site’s publisher at the following e-mail address: [email protected], or by postal mail at the publisher’s headquarters address mentioned at the top of these terms and conditions.
Personal data collected is subject to digital processing and is reserved exclusively to the site publisher.
The processing manager is Florence de Rességuier, whose contact information is shown at the top of these terms and conditions.
Personal data collected are not subject to any transfer abroad.
Declarant Number: 1557541v0
In addition, the publisher reserves the right to collect the public IP (Internet Protocol) address of all users. This IP address will be collected anonymously and will be retained for the same duration as the personal information. It will only be used to allow for proper administration of the services offered on this site. The IP address is a series of numbers separated by periods allowing for the unique identification of a computer on the internet.
The publisher must communicate to the police all personal data relating to a user (upon request from a court) or to any person (by order of a judge). Your computer’s IP address may be reconciled with the actual identity of the subscriber held by the ISP (internet service provider).
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Notices related to the collection of "cookies”
In order to allow all
users optimal navigation on this site as well as better functioning of the
different interfaces and applications, the publisher may proceed with
implantation of a cookie on the user’s computer. This cookie is used to store
navigation-related information (date, page, times, etc.) as well as any data
entered by users during their visit (searches, login, email, password, etc.).
These cookies are meant to be stored on the user’s computer for a variable
period of up to 10 months and can be read and used by the publisher during a
subsequent visit by the user to this site.
The user has the ability to block, modify the retention period, or
delete this cookie through his browser’s interface (usually: tools or options /
privacy or confidentiality). In this case, navigation on the site will not be
optimized. If systematic disabling of cookies on the user’s browser prevents
him from using certain services or functions provided by the publisher, this
event cannot in any way constitute damage to the member who will not be
entitled to any compensation as such.
Users also have the ability to delete cookies present on their computer, by
going to the menu provided by their browser (usually, tools or options /
privacy or confidentiality). Such an action will have no impact on their
navigation on this site, but users lose any benefits of using cookies. In this
case, they will have to re-enter all of their personal information.
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Publisher’s
exemption from liability in executing this contract
In the event the site is
inaccessible due to technical problems or any other type, the user or the
customer will not be entitled to damages nor claim any compensation.
In the event a package is delivered that is clearly and visibly damaged, it is
the customer’s responsibility to refuse it, in order to take advantage of the
guarantee offered by the carrier. The customer must also inform the seller as
quickly as possible, so a new package can be prepared for him. Then the new
package will be shipped as soon as the damaged package is returned. In such
case, delivery periods indicated above in these terms and conditions shall no
longer apply.
The unavailability of one or more products, even over an extended period
without any limitation, cannot constitute harm to users and may not give rise
to awarding damages and interest from the site or its publisher.
The visual representations of products published on this site are guaranteed by
the publisher as perfectly faithful to reality, in order to meet the site’s obligation
of providing correct information. However, with the state of current
technology, the rendering of these representations, especially in terms of
color or shape, may significantly vary from one computer to another, or differ
from reality according to the quality of on-screen graphics or the screen
display resolution. These variations and differences may in no event be
attributed to the publisher, who may not, in any case be held liable for such.
The hypertext links on this site may send users to other internet sites, and
the site publisher cannot be held liable if the content of these sites violates
legislation in force. Similarly, this site’s publisher cannot be held liable if
the user’s visit to one of these sites causes any harm.
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Intellectual
property rights related to items published on this site
All elements comprising this site belong to the publisher and as such are
protected by intellectual property legislation.
Therefore, users recognize that, without authorization, any total or partial
copy and dissemination or use of one or more of these items, even modified,
will likely give rise to legal proceedings conducted against them by the publisher
or its rights holders.
This protection applies to all of the site’s text and graphics and also to its
structure, name, and graphic layout.
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Various clauses
These general terms and
conditions are subject to the application of French law.
These general terms and conditions may be modified at any time by the site
publisher or a representative. The general terms applicable to the user are
those in force on the day he logs in and/or places an order on this site. The
publisher obviously commits to maintain all former general terms and to send
them to any user that requests them.
Except for public policy provisions, all disputes that may arise in the
execution of these general terms may be subject to this site publisher’s
amicable settlement before any
legal action takes place. Express
reminder is given that any request for an amicable settlement does not set
aside the deadlines fixed for instigating legal action.
If one of the clauses of these general terms were to be declared void by a
court decision, this nullification cannot cause all other clauses to be void.
They would remain in effect.
The fact for the publisher to not temporarily or permanently prevail on one or
more clauses of these general terms does not in any way comprise a waiver to
prevail on the rest of the general terms.
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Privacy and Personal Data Policy
1. Identity of our controller
The information collected about you is processed by OXATIS, our Data Protection Officer.
2. Personal data collected
When shopping on our website, you are likely to enter your personal data (when creating an account, a request for contact). Please note that we only ask for personal data for which we have a real use in order to personalise the messages we send to you. The personal data that can be collected on our site www.lesjardinsdelacomtesse.com is the following:
- Account creation: your account, first name, date of birth, postal address, email address, telephone number and your connection data are registered when creating your account. - Information from third parties: Some of your data (in particular your last name, first name and telephone number and/or postal address) may have been sent to us, with your prior agreement, by our partners. - Contact: When filling in the contact form, your name, email address, telephone number and your message are collected. - Analysis tools: Our website uses analysis tools such as Google Analytics. To work, Google Analytics uses "cookies" to analyse site usage by users (e.g. most visited pages). Through these cookies, we collect your browsing data on the site as well as your IP address. The data retention period is 26 months. We use Google Analytics to regularly analyse and improve our website so that it meets your expectations as much as possible. If you wish, you can of course refuse the use of cookies via your browser. Information about our partner Google regarding their privacy policy: https://www.google.com/analytics/learn/privacy.html? hl=en All of this data is collected for the purpose of managing online purchases made by customers, improving our service and products as well as the content we provide. As an e-commerce site, our legal basis is the execution of the sales contract.
3. Cookies A cookie is a text file posted when you visit an online site, application or advertisement and stored in a specific area on your computer or mobile device's hard drive. Cookies are managed by your Internet browser and only the sender of a cookie can decide to read or modify the information contained therein. You can also set your browser to send a code, indicating to the websites you do not want to be tracked ("Do not track" option).
Google Chrome
https://support.google.com/chrome/answer/114836
Apple Safari
http://support.apple.com/kb/PH11952
Mozilla Firefox
https://support.mozilla.org/fr/kb/comment-activer-option-ne-pas-pister
Microsoft Internet Explorer
http://windows.microsoft.com/fr-fr/internet-explorer/use-tracking-protection#ie
= ie-11
Microsoft Edge
https://privacy.microsoft.com/fr-fr/windows-10-microsoft-edge-and-privacy If you decide to erase your cookies, be aware that any preferences you may have set will be lost. In addition, if you block all cookies, many websites (including ours) will no longer function properly.
The cookies we use: - Functional cookies: Functional cookies allow us to remember your choices (such as your username, your language) and to offer improved features. These cookies can also be used to remember changes you made to the font or font size as well as other customisable parts of the web pages. They also allow you to remember what you put in your shopping basket.
- Google Analytics cookies: These cookies allow us to analyse how users use our website over 26 months via the Google Analytics platform.
- Social network cookies: Lesjardinsdelacomtesse.com uses social media plug-ins, mainly Facebook and Twitter, which allow you to interact via social networks. If you click on a social network button on the site, cookies may be posted or read by this social network. Check their cookie policy:
4. Personal rights of the user In accordance with the Information Technology, Data Files and Civil Liberties Act of 6 January 1978 as amended and European Regulation n°2016/679 of 27 April 2016 (applicable from 25 May 2018), you have the following rights over all your data: - The right to update your data, (You can update your data in the "My Account" area) - The right to withdraw your consent concerning the use of your contact details to receive offers and promotions via email, SMS messages or phone calls. You have the right to access and modify all of your personal data in the section "My Account", "My Personal Info", subject to their accuracy. You may, subject to the presentation of a valid identity document, exercise your rights to access, move and delete your data by contacting LES JARDINS DE LA COMTESSE: 5. Data retention period Personal data will be kept at least as long as the law requires it. |
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