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TERMS OF SALES

 

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Valid for all orders from January 1, 2019

 

The Nature et Paysage commercial site, http://www.natureetpaysage.com (the “ Site ”), is an e-commerce site accessible via the internet, open to any user. It is published by Nature et Paysage, a single-member limited liability company with capital of 63 400.00 €, whose head office is located at 2 chemin de la Croix Verte, 04860 Pierrevert._cc781905-5cde -3194-bb3b-136bad5cf58d_

 

PREAMBLE

 

These general conditions of sale (the " CGV ") are made available to you on the Site. They can be communicated to you on simple request by e-mail (http://www.natureetpaysage.com/contacts/).

Only natural persons acting outside the framework of their trade, their business or their profession, established in metropolitan France and more particularly in the department 04 ont vocation to place an order on the Site and this for all the products offered on the latter (the " Client "). Nature et Paysage reserves the right to cancel any order placed by a professional. In addition, Nature et Paysage reserves the right to cancel, limit or reduce the quantity of any order which may be made in violation of these T&Cs. Placing an order on the Site implies full acceptance of these T&Cs.

Any contrary condition set by the Customer will therefore, in the absence of express acceptance, be unenforceable against Nature et Paysage regardless of when it may have been brought to its attention. The nullity of a clause of these GTC does not entail the nullity of all of them. The temporary or permanent non-application of one or more clauses of the GCS cannot be interpreted as a waiver of the right to invoke them later.

Nature et Paysage reserves the right to modify these T&Cs at any time. Any modification comes into force from the moment it is put online. The GCS applicable to an order are those in force and online on the date of the order placed by the Customer.

When a case is not dealt with herein, the distance selling rules of the place of headquarters of Nature et Paysage apply. 

 

ARTICLE 1 – REGISTRATION ON THE SITE

To place an order on the Site, you must have a customer account which you can create online by clicking on " Créer un compte " at any what moment. All you have to do is fill in the identification form provided for this purpose and choose a password to activate your Nature et Paysage customer account.

The information that you communicate about yourself is under your responsibility. You guarantee the accuracy of this information.

In order to allow easier and faster registration on the Site, you have the option of automatically pre-filling the registration form using the option “ Registration with Facebook_cc781905-5cde- 3194-bb3b-136bad5cf58d_» or “Register with Google”.

En vous inscrivant via l'option « Inscription avec Facebook » ou « Inscription avec Google » , you directly appeal to the personal data that you communicated when you registered on these sites. If you wish to have further information on the way in which your personal data is collected, processed and used as well as on your rights by registering via this option, we invite you to consult the privacy policies of Facebook and Google directly on their site. respective.

During your next visits to the Site, log in to your Nature & Paysage customer account by entering your email address and password. You will be able to follow from your customer account the processing of your order (section " My orders" ), edit your invoices, etc...

 

ARTICLE 2 – CHARACTERISTICS OF THE PRODUCTS OFFERED

The essential characteristics of the products available on the Site are indicated on the product sheet which can be consulted online. All you have to do is click on the corresponding product sheet. Photographs, reproductions, etc. have no contractual value. Nature et Paysage cannot be held responsible for differences (difference in color, size, etc.) between the photo of the product and the product itself. Nature & Paysage also reserves the right to modify or change, without this list being exhaustive, the pages of the Site, the products offered, their price, the photographs presented. Any modification comes into force as soon as it is posted online.

 

ARTICLE 3 – AVAILABILITY

The product offers presented on the Site are valid, in the absence of indication of a particular duration, as long as they appear on the Site and within the limits of available stocks. It is specified that the simple selection of a product and its addition to your basket does not validate your order or block the product : it may therefore become unavailable until its preparation .

In case of unavailability of a product after the confirmation of payment of your order, an e-mail will be sent to you to inform you and only the amount of the products delivered will be debited to you.

In the event that you have not validated it, you can return at any time to your basket, which is kept for thirty (30) days, without however guaranteeing the availability of the products in it in its entirety during this period. of time.

 

ARTICLE 4 – ORDER

4.1 Order process

The ordering process on the Site is as follows:

• Log in to your customer account and choose the products and quantities per product you want : they will be automatically added to your basket. You can view your basket at any time by clicking on the icon “ Panier ” located at the top right of your screen.

• When you have finished your selection, click on the “ Panier ” icon. You have direct access to your basket summary : you are strongly encouraged to check it and, if necessary, make changes by adding or decreasing quantities or deleting products. Any deletion is final : if you want to add the product again, you will have to go back to the product sheet. We only have the "Click&Collect" collection mode to pick up your order directly at the garden centre. We do not send any items. You can return to the Site at any time by clicking on " Our products".

• Once you have made your selection, click on " paiement ". 

• Choose your payment method : either by using a pre-registered card or by using another credit card.

In order to facilitate the purchasing process for your next orders, a backup system for your bank details is available. To do this, you must check the box " Keep my card data for my next orders ". Your bank details are kept on the server  in encrypted form only and are only kept for the time strictly necessary for customer relationship management. Saving your bank information is not mandatory to order on the Site. In addition, you can delete,   at any time, the details of your registered credit card by going to your customer account " my means of payment_cc781905-5cde-3194- bb3b-136bad5cf58d_”.

• To definitively validate your order click on " Validate my payment " : by clicking on this button you acknowledge having read and accepted these T&Cs without reservation.

• An order confirmation message will be displayed and your order then becomes firm subject to payment confirmation. of payment if you wish or to abandon your basket which you can find later.

4.2 Order Confirmation

A confirmation email is sent to you by Nature & Paysage which summarizes all the characteristics of your order (content and order number, total price, place de withdrawal des products, etc.) and in which these T&Cs and the withdrawal form are accessible. Nature & Paysage recommends that you keep its e-mails on paper or computer. E-mails are sent to you at the e-mail address provided by you. Also, in the event of an error in entering the e-mail address concerned, or non-receipt of the order confirmation message, Nature & Paysage  cannot be held liable. In this case, the sale will be considered final. You may nevertheless exercise your right of withdrawal under the conditions provided for in Article 8 of these GCS.

4.3 Modifying an order

For any request to modify an order, you must contact the Nature et Paysage Customer Service by connecting to the address: "www.natureetpaysage.com/contacts/ ”. Indicate the number of your order. In the space “ commentaire ” indicate your order modification wish. Nature et Paysage is not required to accept an order modification. In addition, any order placed in preparation can no longer be modified. Your message is processed by Nature & Paysage as soon as possible, which is responsible for letting you know whether your wish to modify is accepted or not.

4.4 Restrictions

In case of out of stock, Nature et Paysage undertakes to inform you by e-mail to the e-mail address indicated when placing your order or as soon as possible. Nature et Paysage not being able to manage the remainders : if a Product were to be out of stock without replenishment time, Nature et Paysage will offer you a refund for your Product ordered, via the method of payment used when placing your order.

In addition,  Nature et Paysage  reserves the right to withdraw any Product from the Site at any time for any reason whatsoever. In this case, if it turns out that, despite the order confirmation received from Nature et Paysage, a product was withdrawn from sale, Nature et Paysage could cancel the order containing the product(s) in question and would be held responsible for the decision to withdraw the product from the Site. The amount of the product(s) concerned would be deducted from the total amount of your order, if necessary your order will be refunded to you via the payment method used.

Any Customer with whom there is an unresolved dispute, in particular relating to the non-payment of a previous order, may be opposed to a right of refusal or cancellation of the order. In the event of an ongoing dispute (in particular regarding the quality of the product ordered), Nature et Paysage may review with the Customer the conditions for processing a new order.

Finally, it is recalled that purchases made on the Site are reserved for non-professional private individuals for their own use (or for the purposes of gifts in the private circle), this is the reason why Nature et Paysage does not sell its products only in quantities corresponding to the usual average needs of a household. In accordance with article L.121-11 of the Consumer Code, Nature et Paysage reserves the right to refuse or cancel for legitimate reason any Order for which the number of products or the amount to be paid (for one or more cumulative orders) would not correspond to the usual average use of a household, any Order which would suggest that an economic activity is carried out by the Customer in connection with the products ordered or more generally, any abnormal Order within the meaning of the case law applicable in this matter.

 

ARTICLE 5 – PRICE

The prices displayed online on the Site are prices expressed in euros (€), all taxes included (VAT and all other taxes according to the rates applicable in France and in force at the time of the order), including the costs of processing the ordering, handling and packaging. Nature & Paysage reserves the right to modify its prices at any time without notice, it being understood, however, that the price appearing on the Site at the time of validation of the order will be the only one applicable to the Customer.

 

ARTICLE 6 - TERMS OF PAYMENT

Any order placed on the Site is payable in full at the time of the order. The price is due and cashed from the start of preparation of the order : for this purpose, you guarantee that you are the holder of the credit card to be debited and that the name appearing therein is indeed yours . The amount of your order may be debited in several instalments if different delivery methods have been selected.

Payment is made online by credit card (Visa, Eurocard / Mastercard, Amex).

As part of the fight against fraud, Nature & Paysage has implemented 3D Secure payment on transactions.  You may therefore be asked to enter the code received to finalize your payment.

You expressly acknowledge that the communication of your credit card number constitutes authorization to debit your account up to the price of the Products ordered. If necessary, an order cancellation notification will be sent to you for non-payment.

In the event that your payment is incomplete or non-existent, for a reason attributable to you, the order is automatically canceled and any resulting costs are your responsibility, without prejudice to any damages.

 

ARTICLE 7 –  WITHDRAWAL OF ORDERS IN STORE

 

 

Click & Collect – 2h withdrawal in store

Nature et Paysage offers you to withdraw your order within 2 hours from the validation of your order. You will receive an email informing you of the availability of your order in the Nature et Paysage store in Pierrevert. As of the issue of this email, you have a period of 10 calendar days to collect your order. To withdraw your order, it must be paid in full. You, or the person of your choice, must go to the reception of the garden center with the order number and a valid identity document. An invoice is given to you when you collect your Products.

If the order is not picked up in store during this 10-day period, your order will be canceled and you will be refunded  by crediting your bank card within 14 days of this cancellation.

7.4 Assembly of products

For items delivered unassembled, assembly and commissioning remain at your expense and under your full responsibility. We strongly invite you to familiarize yourself with any document accompanying your product (user manual, assembly manual  …) and to comply with them.  

 

ARTICLE 8 – RIGHT OF WITHDRAWAL

8.1 Exercise your right of withdrawal

You have a period of 15 days to exercise your right of withdrawal, without having to give any reason, from either the validation of your order or the date of collection of the products in store or the date of receipt of your Products.

To exercise this right of withdrawal, you must notify your decision within a maximum period of 15 days by means of a clear statement and unequivocal en contacting the collection store directly with your order number, in the case of a Click&Collect  order;

8.2 Terms of return and refund

8.2.1Click&Collect order

If the order in question has not yet been picked up in store : Nature et Paysage automatically proceeds with the refund within a maximum period of 14 days from receipt of the withdrawal request, by credit of the payment method initially used to pay for the order.

If the order was withdrawn in store :  you must return, within a maximum of 15 days, the product(s) concerned by the cancellation to the same store Nature and Landscape than the one chosen for the withdrawal of your order. The returned products must be in perfect condition, in their original packaging and without visible signs of use or handling. In this case, Nature & Paysage proceeds to the reimbursement within a maximum period of 14 days from the day on which the products were returned to the store. For technical reasons, the refund cannot take place in store : thus, the refund will be made by crediting the means of payment initially used to pay for the order by Customer Service. Any return costs are entirely your responsibility.

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8.2.2 Exclusion of the right of withdrawal

It is recalled that in accordance with Article L.221-28 of the Consumer Code : the right of withdrawal ne not apply  to the following products :

• • products likely to deteriorate or expire rapidly such QUE LES VEGETAUX

  • les produits qui ont été descellés après la livraison et qui ne peuvent être renvoyés pour des raisons d'hygiène ou health protection

  • the products mixed in an inseparable manner with other items

  • products such as books, cds, dvds, audio books decellophaned

• gift card

 

ARTICLE 9 – LEGAL GUARANTEES

The products sold by Nature et Paysage benefit from the legal guarantee of conformity provided for by articles L.211-4 and following of the Consumer Code, the legal guarantee against hidden defects provided for by articles 1641 and following of the Civil Code ( reproduced below).

Despite all the care taken by Nature et Paysage in the selection of its products, an item may prove to be non-compliant or affected by a hidden defect.

In the event that you find that a product purchased on the Site presents a lack of conformity   or is defective, we invite you to report it as soon as it is discovered from the Site at the address _cc781905-5cde- 3194-bb3b-136bad5cf58d_www.natureetpaysage.com/contacts/. 

Customer Service will study your request as soon as possible, and if necessary, ask you for additional information or photographs of the product concerned. Customer Service will inform you of the procedure to follow if the product does not comply with the law. If so, we may offer you an equivalent product or be reimbursed for the price of the product(s) concerned by crediting the means of payment used for payment of the order.

When acting as a legal guarantee of conformity, the consumer:

• has a period of two years from the delivery of the property to act;

• can choose between the repair or the replacement of the good, subject to the conditions of cost envisaged by the article L. 211-9 of the code of the consumption ;

• is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods, except for second-hand goods.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code in which case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with the article 1644 of the Civil Code.

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ARTICLE 10 – TRANSFER OF OWNERSHIP – TRANSFER OF RISKS

The transfer of ownership of the products occurs on the date of full payment of the price. The transfer of risks occurs from the delivery of the products to the Customer or to the recipient of his choice.

 

ARTICLE 11 – LIABILITY

In the online sales process, Nature et Paysage is only bound by an obligation of means. The responsibility of Nature et Paysage cannot be held liable for any damage resulting from the use of the Site or the Internet network such as loss of data, intrusion, virus, service interruption, or other problems independent of his will. Nor can Nature et Paysage be held liable in the event of interruption of operation of the Site, the occurrence of a bug or the consequences resulting from any fraudulent intrusion by a third party.

More generally, the liability of Nature et Paysage cannot be called into question in the event of failure of any kind whatsoever resulting from a case of force majeure within the meaning of the applicable provisions of the Civil Code and French case law. In the event that an order is affected by a case of force majeure, whether in the context of the operation of the Site or on the occasion of the provision of the products, Nature & Paysage informs you of this, specifying, as far as possible possible, the duration and foreseeable consequences of this event.

 

ARTICLE 12 – INTELLECTUAL PROPERTY

All elements of the Site are and remain the exclusive intellectual property of Nature & Paysage and its partners.

It is forbidden to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the Site or from the Site, whether software, visual or sound.

The trademarks, logos, designs and models appearing on the Site are the exclusive property of Nature & Paysage or its business partners. Their disclosure can in no way be interpreted as granting any license or right to use any of the said trademarks and distinctive elements protected by intellectual property rights. They cannot therefore be used under penalty of counterfeiting in particular.

 

ARTICLE 13 – PERSONAL DATA

14.1 GENERAL INFORMATION

All the information that you have been able and will be able to communicate to Nature & Paysage, during your visits to our Site and the use of its functionalities is strictly confidential and has been implemented in accordance with the "Informatique et Libertés" law of the January 6, 1978, amended by law n°2004-801 of August 6, 2004.

For more complete information on the processing of personal data, Nature & Paysage invites you to consult its Privacy Policy.

14.2 RIGHT OF ACCESS, RECTIFICATION, DELETION AND OPPOSITION TO THE PROCESSING OF PERSONAL DATA

In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms amended by Law No. 2004-801 of August 6, 2004 relating to the protection of individuals with regard to the processing personal data, you have a right to access, modify and delete information concerning you that you can exercise at any time by sending an email to Nature & Paysage Customer Service at the following address_cc781905-5cde -3194-bb3b-136bad5cf58d_www.natureetpaysage.com/contacts/  indicating your surname, first name, postal and electronic address, in order to speed up the consideration of your request. You can also modify or delete the information entered when creating your account by logging into it. You can object to the processing of information about you.

14.3 DATA MANAGEMENT

Personal data collected

The Site records and processes the information, some of which is personal, which is communicated by you when creating or modifying your internet account or a loyalty account, when issuing an order on the Site, or through cookies.

The Site may thus collect your title, surname, first name, address, postal code, telephone number, date of birth, nationality, email, IP address, geographical location, navigation data.

The information that the Site collects and which is essential to respond to your requests is indicated by an asterisk on the collection forms. If you do not complete these mandatory fields, we will not be able to respond to your requests.

Purposes

Nature et Paysage processes this information for the purposes of managing customer accounts, executing orders, issuing invoices, managing the relationship with Customers, promoting its offers to them, carrying out analysis and statistics, or even within the framework of the loyalty program, the organization of games/contests or any other promotional operations, as well as for the management of the opinions of Internet users on our products and services.

Use of personal data collected

The personal data collected is reserved for the use of Nature & Paysage, its co-contractors and its partners who may intervene in the execution of orders. Nature et Paysage will only be able to transmit them to its commercial partners subject to your prior agreement. In this case, the business partners of Nature & Paysage  may occasionally send you information on their product or service offerings.

 

ARTICLE 14 – SIGNATURE, PROOF, CONSERVATION AND ARCHIVING OF TRANSACTIONS

The computer records of the actions carried out by the Customer on the Site are kept in the computer systems of Nature et Paysage under security conditions ensured by state-of-the-art means such as to ensure the authenticity and integrity of the related files. They constitute proof of communications, orders, payments and transactions between Nature & Paysage and the Customer, subject to evidence to the contrary that the Customer remains free to provide.

The confirmation of the order is worth signature and acceptance of the operations carried out on the Site and the exigibility of the sums engaged by the seizure of the articles appearing on the order form. However, in the event of fraudulent use of his bank card, the Customer is invited, as soon as this fraud is observed, to contact Nature et Paysage's Customer Service by email.

Nature et Paysage archives purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1379 of the Civil Code.

 

ARTICLE 15 – CUSTOMER SERVICE

For any information, any question relating to an order or any complaint, the Customer Service of Nature et Paysage can be reached at this address http://www.natureetpaysage.com/contacts/, by telephone on 04 92 72 59 70, or by post at the following address : Nature & Paysage, Quartier le Clos, 04860 Pierrevert. Customer Services undertakes to respond to you as soon as possible.

 

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