ARTICLE 1 - PREAMBLE
These General Conditions of Sale (hereinafter "GTC") are concluded between'a share of the company Laura's garden, SAS with a capital of €1,000 registered at the RCS of Paris under the number 88866161800015, with its registered office at 8 rue Elisa Lemonnier 75012 Paris, and d'other than any person who made a purchase from the site www.plantandstories.com, hereinafter referred to as the "Client". Any purchase on the site www.plantandstories.com (hereinafter the "Site") automatically causes l'acceptance of'all of these conditions which the Customer acknowledges to have read before his order.
ARTICLE 2 - PURPOSE OF THE GTC
The purpose of these Terms and Conditions is to define the conditions under which Customers may access the Site and order Plant and Stories products, and to detail the rights and obligations of Plant and Stories and Customers. They also specify the terms of order and payment for the products available for sale on the Site, as well as the terms of delivery and return.
The Terms and Conditions govern the relationship between the Client and Plant and Stories. The validation of the order by the Customer is valid for acceptance without restriction or reservation and prior, full and complete adherence to the Terms and Conditions.
Plant and Stories reserves the right to modify its GTC at any time. In the event of a change in the latter, the applicable GTCs shall remain in effect at the time of the order made by the Customer.
ARTICLE 3 - PRODUCTS
Plant and Stories s'attempts to describe the products proposed for sale as accurately and accurately as possible and'undertakes to ensure that the photographs of the products are as consistent as possible with the products that will actually be delivered to the Customers. However, if errors or omissions have occurred with respect to this presentation, Plant and Stories cannot be held liable. The Customer accepts that the illustrations and photos of the products at'support of text n'it's not a contract. In no case shall Plant and Stories be liable on the basis of such illustrations/photos.
Products are offered within available stocks. In case of'unavailability of ordered products, Plant and Stories s'undertakes to inform the Customer immediately by e-mail and to offer him products with comparable characteristics or a voucher'purchase of the order amount. In case of persistent disagreement with the Customer, Plant and Stories s'undertakes to refund the Customer the amount of his order.
Any complaint from the Customer concerning the order or the issue of the'an article not available will be considered unfounded.
ARTICLE 4 - PRICES
The selling prices of the products online on the Plant and Stories website are shown in euros and include the Value Added Tax (VAT) applicable on the day of the order. Any change in the applicable VAT rate will automatically be passed on to the price of the products sold by Plant and Stories on its Site.
These prices do not include the cost of'shipping invoiced in addition to the price of the products purchased under the conditions indicated on the Site and calculated prior to the purchase and validation of the order by the Customer. The various modalities'shipment appear on the Site and may be modified at any time by Plant and Stories.
Tariffs take account of'Any reductions that would be granted by Plant and Stories on the Site.
The payment requested from the Customer corresponds to the total amount of the order, taking into account the fees mentioned above.
Plant and Stories reserves the right to change its prices at any time without notice.
ARTICLE 5 - ORDER
The Customer fills a virtual basket of products that'he selected. It indicates the number of'copies and, if applicable, the size and colour of the desired product. He can then check the details of his order. The Customer can then click on the "order" button and add the details of the delivery and payment methods. It is up to the Customer to check'exact order and report any error immediately.
The Customer must also accept these Terms and Conditions by clicking on'location indicated. The Customer then receives an e-mail attesting to the receipt of the order by Plant and Stories.
Plant and Stories reserves the right to'accept or not the amendment d'a command d'a Customer after confirmation and'cancel or refuse any order d'a Customer with whom there is a dispute relating to payment'an earlier order.
The order is validated once the payment has been fully received by Plant and Stories.
ARTICLE 6 - DELIVERY
Delivery costs are explicitly specified on the Site prior to the payment of the order. Delivery costs may vary depending on the'delivery address of the order, and the mode of transport, if any, selected by the Customer, which the Customer expressly acknowledges and accepts.
The products are delivered to'delivery address indicated by the Customer at the time of the order. The Customer is solely responsible for:'a lack of delivery due to a lack of'indication or error in l'address when ordering.
Except in special cases or unavailability d'one or more products, the ordered products will be delivered at one time.
Delivery times d'an order depends on the delivery method chosen by the Customer and are indicated on the Site at the time of the order.They include its preparation, its dispatch and its routing to the'delivery address which has been indicated by the Customer. Delivery times exclude Saturdays, Sundays and public holidays.
Due to the living nature of the plants, we reserve the right to shift the dispatch of plant orders in the event of adverse weather conditions or public holidays likely to slow down shipping. This measure aims to ensure that our plants reach you in perfect condition.
Plant and Stories s'undertakes to make its best efforts to deliver the products ordered by the Customer within the specified time limits. However, these deadlines are indicative.
Plant and Stories using external providers (carriers, postal services, etc.) for l'product delivery, Plant and Stories is totally dependent on these third-party providers. The delivery times indicated on the Site can thus be affected by the providers without Plant and Stories being responsible for these delays'and possible consequences.
If the products ordered n'have not been delivered within two (2) months of the indicative date of delivery and for any reason other than force majeure or the fact of the Customer, the sale may be resolved at the written request of the Customer under the conditions laid down in articles L.216-2 and L.216-3 of the Consumer Code. The amounts paid by the Customer will then be returned to him no later than fourteen (14) days after the date of termination of the contract, at the latest'exclusion from compensation or restraint.
The Customer is required to check'State of'packaging and products delivered upon delivery. It has'24 hours from delivery to make complaints via e-mail to contact@plandandstories.com accompanied by all supporting documentation (including photos and/or videos). After this period and failing this'having complied with this procedure, the products will be deemed compliant and free from any apparent defects and no claim will be validly accepted by Plant and Stories.
Plant and Stories will refund or replace, as soon as possible and at its own expense, the products delivered whose defects of conformity or apparent or hidden defects have been duly proved by the Customer, under the conditions laid down in articles L.217-4 et seq. of the Consumer Code and those provided for in these Terms and Conditions.
In case of'plant and Stories may not be held responsible for the final quality of the delivery if the consignee delays the withdrawal of the parcel from the services concerned.
For plant controls, the warranty does not apply in the event of a problem if the selected relay point is a locker or locker, these options are usually located outside.
ARTICLE 7 - PAYMENT
Once the order has been validated and the CGVs accepted, the Customer will then pay on the Site by secure payment, by credit card. the price is payable in cash and in full on the day the order is placed by the Customer.
The Site has'an online payment security system. The Customer's bank data is exchanged in encrypted mode thanks to the protocol defined by the authorized payment provider involved in banking transactions carried out on the Site and are not stored by Plant and Stories.
Payments made by the Customer will be considered final only'after actual collection of amounts owed by Plant and Stories.
In cases of abusive practices or'plant and Stories reserves the right to'perform controls on orders, and request certain parts and information about the Customer in order to validate the order.
ARTICLE 8 - RIGHT OF WITHDRAWAL
Under the'article L.221-28 of the Consumer Code'does not apply to property likely to deteriorate or perish such as plants. The Customer does not benefit by the right of withdrawal in connection with the order of plants on the Site.
However, regarding products other than plants marketed on the Site (not perishable) and the application of articles L.221-5 et seq. of the Consumer Code, the Customer has at his disposal:'a period of fourteen (14) days from the day on which the goods are received to exercise its right of withdrawal and to request an exchange or refund of any product not suitable, at the'except for return costs which remain at the Customer's expense.
The right of withdrawal may be exercised by e-mail to'contact address@plantandstories.com or by mail addressed to Plant and Stories at the postal contact details indicated in'article 1 of these Terms of Reference by means of'a declaration of withdrawal without any'ambiguity and willingness to retract.
Returns are to be made in their state'origin and complete (packaging, accessories, package leaflet, etc.) allowing for immediate re-marketing. Damaged, dirty or incomplete products are not included. Plant and Stories will only reimburse returned products once they have actually been received and their new condition has been verified.
L'Exchange (subject to stock availability) or the refund will be made within fourteen (14) days of receipt by Plant and Stories of the products returned by the Customer under the conditions laid down in'article L.221-24 of the Consumer Code.
ARTICLE 9 - TRANSFER OF PROPERTY
The transfer of ownership of Plant and Stories products to the Customer will only be realized'after full payment of the price by the latter, regardless of the date of delivery of the said products.
ARTICLE 10 - INTELLECTUAL PROPERTY
All visual, text and audio elements on the website www.plantandstories.com are the exclusive property of Plant and Stories. Any reproduction or representation of the Plant and Stories brand without agreement is prohibited and punishable by law.
ARTICLE 11 - ACCOUNTABILITY
Plant and Stories shall not be liable for any event, inconvenience or damage inherent in the'use of the Internet, particularly in the event of a breakdown of the service, d'external intrusion or presence of computer viruses.
In addition, Plant and Stories cannot be held responsible for'non-performance of the contract concluded in the event of accidental situation, force majeure, disruption or total or partial strike, in particular postal services and means of transport and/or communication, d'flood, d'fire. Plant and Stories n'shall incur no liability for any indirect damage caused by the present'exploitation, loss of profit, damage or expense, which may occur.
ARTICLE 12 - LEGISLATIVE GUARANTEE
Products sold on the Site are subject to:
- the legal guarantee of conformity (articles L.217-4 et seq. of the Consumer Code) for defective, damaged or damaged products or not corresponding to the order,
- the guarantee against hidden defects (articles 1641 et seq. of the Civil Code) arising from'a defect in material, design, or manufacture affecting the products delivered and rendering them unfit for use'use,
allowing Customers to request the refund or replacement of defective and non-compliant products.
In order to assert its rights, the Customer must inform Plant and Stories in writing (e-mail or mail) of the non-conformity of the products or of the'existence of hidden defects from their discovery.
In the event of a lack of conformity or hidden defect proved and found by Plant and Stories, the Customer may obtain the refund or replacement of the product concerned. The costs d'shipments will be reimbursed on the basis of the invoiced rate and the return costs will be refunded on presentation of the proofs.
Refunds or replacements of products found to be non-compliant or defective will be made as soon as possible and no later than fifteen (15) days after Plant and Stories finds that there is a lack of conformity or hidden defect.
ARTICLE 13 - PERSONAL DATA
Plant and Stories attaches particular importance to the protection of the personal data of users visiting the Site. In accordance with GDPR regulations, Plant and Stories s'undertakes to respect privacy and to protect the personal data of Customers and visitors to the Site.
When the Customer makes a purchase or creates an account on the site www.plantandstories.com, Plant and Stories collects personal information necessary to manage the order and delivery of the parcel such as surname and first name, l'e-mail address, l'postal address and telephone number. Plant and Stories does not collect any bank data. Banking information is processed and stored securely by external payment service providers.
Plant and Stories does not communicate and trade in Customer's personal data.
At the stage of ordering on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to carry out the orders.
The individual personal data shall not be kept longer than is necessary for the purposes for which they were collected, including compliance with legal or tax obligations.
In accordance with the rules applicable to personal data, the Customer shall have'a right d'access, modification and deletion of personal data. Each Customer is also entitled to request a limitation on the processing of his or her data and also has the right to'a right to data portability and d'a right d'opposition to the processing of personal data concerning him.
The Customer may exercise these rights by contacting Plant and Stories at'8 rue Elisa Lemonnier 75012 Paris or by e-mail at l'contact address@plantandstories.com.
In any event, the Customer may file a declaration with the CNIL on the website https://www.cnil.fr.
ARTICLE 14 - CUSTOMER SERVICE AND VAS
For any claim or request d'information about these Terms and Conditions, you can contact Plant and Stories Customer Service for free:
- by e-mail to: contact@plantandstories.com
- by mail: Laura SAS Garden, 8 rue Elisa Lemonnier 75012 PARIS
ARTICLE 15 - APPLICABLE LAW
These Terms and Conditions are in French and subject to French law. If translated into one or more foreign languages, only the French text would be authentic in the event of a dispute.
ARTICLE 16 - JURISDICATION
In the event of an order dispute, the Customer shall'will give priority to Plant and Stories for an amicable solution by e-mail to'contact address@plantandstories.com.
The Customer is informed that'in any event, it may resort to conventional mediation, to existing sectoral mediation bodies or to any alternative dispute resolution mechanism (e.g. conciliation) in the event of a dispute.
In addition, in accordance with the'article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Settlement (RLL) platform, facilitating the independent settlement of online disputes between consumers and professionals through out-of-court channels'European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
If not d'amicable outcome and whatever l'the origin of the conflict, disputes relating to'or l'interpretation of these Terms and Conditions shall be submitted to the competent courts of Paris, unless otherwise required.