Terms of sale
ARTICLE 1 - PREAMBLE
These General Terms and Conditions of Sale (hereinafter "Terms") are entered into, on the one hand, by the company Le Jardin de Laura, a SAS (Simplified Joint Stock Company) with a share capital of €1,000, registered with the Paris RCS under number 888 661 618 00015, with its registered office at 200 rue de la Croix Nivert 75015 Paris, and on the other hand, by any person making a purchase on the website www.plantandstories.com, hereinafter referred to as the "Customer". Any purchase on the website www.plantandstories.com (hereinafter the "Site") automatically entails the acceptance of all these Terms, which the Customer acknowledges having read prior to their order.
ARTICLE 2 - PURPOSE OF THE TERMS
The purpose of these Terms 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 both Plant and Stories and the Customers. They further specify the ordering and payment procedures for products available for sale on the Site, as well as the conditions for their delivery and return.
The Terms govern the relationship between the Customer and Plant and Stories. Validation of the order by the Customer constitutes unrestricted and unreserved acceptance and prior, full, and entire adherence to these Terms.
Plant and Stories reserves the right to modify its Terms at any time. In the event of a modification, the applicable Terms remain those that were in effect at the time the order was placed by the Customer.
ARTICLE 3 - PRODUCTS
Plant and Stories endeavors to describe the products offered for sale as accurately and precisely as possible and is committed to ensuring that product photographs are as faithful as possible to the products actually delivered to Customers. However, if errors or omissions occur in this presentation, Plant and Stories shall not be held liable. The Customer accepts that illustrations and photos of products supporting the text are not contractually binding. Under no circumstances shall Plant and Stories be held liable based on said illustrations/photos.
Products are offered subject to availability. In the event that ordered products are unavailable, Plant and Stories undertakes to inform the Customer immediately by email and to offer products with comparable characteristics or a voucher for the amount of the order. In case of persistent disagreement with the Customer, Plant and Stories undertakes to refund the Customer for the amount of their order.
Any claim by the Customer regarding the ordering or delivery of an unavailable item will be considered unfounded.
ARTICLE 4 - PRICE
Sales prices for products online on the Plant and Stories Site are indicated in euros and include the Value Added Tax (VAT) applicable on the day of the order. Any change in the applicable VAT rate will be automatically reflected in the price of products sold by Plant and Stories on its Site.
These prices do not include shipping costs, which are charged in addition to the price of the products purchased under the conditions indicated on the Site and calculated prior to the placement and validation of the order by the Customer. The various shipping methods are listed on the Site and may be modified at any time by Plant and Stories.
The rates take into account any discounts that may be granted by Plant and Stories on the Site. The payment requested from the Customer corresponds to the total amount of the order, including the costs mentioned above. Plant and Stories reserves the right to modify its prices at any time without notice.
ARTICLE 5 - ORDERING
The Customer fills a virtual cart with the selected products. They specify the number of copies and, if applicable, the size and color of the desired product. They can then check the details of their order. The Customer can then click the "Order" button and add information regarding delivery and payment methods. It is the Customer's responsibility to verify the accuracy of the order and report any error immediately.
The Customer must also accept these Terms by clicking in the indicated place. The Customer then receives an email confirming receipt of the order by Plant and Stories.
Plant and Stories reserves the right to accept or refuse a modification to a Customer's order after its confirmation and to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order. The order is validated once payment has been received in full by Plant and Stories.
ARTICLE 6 - DELIVERY
Delivery costs are explicitly specified on the Site before proceeding to the payment of the order. The amount of delivery costs may vary depending on the delivery address of the order and, if applicable, the transport mode selected by the Customer, which the Customer expressly acknowledges and accepts.
Products are delivered to the delivery address indicated by the Customer at the time of the order. The Customer is solely responsible for any delivery failure due to a lack of information or an error in the address during the order. Unless there are special circumstances or unavailability of one or more products, ordered products will be delivered at once.
Delivery times for an order depend on the delivery method chosen by the Customer and are indicated on the Site at the time of the order. They include preparation, shipping, and routing to the delivery address indicated by the Customer. Delivery times exclude Saturdays, Sundays, and public holidays.
Due to the living nature of plants, we reserve the right to postpone the shipment of plant orders in case of unfavorable weather conditions or public holidays that might slow down the shipment. This measure aims to ensure that our plants reach you in perfect condition.
Plant and Stories undertakes to make its best efforts to deliver the products ordered by the Customer within the specified timeframes. However, these timeframes are provided for information purposes only. As Plant and Stories uses external service providers (carriers, postal services, etc.) for product routing, Plant and Stories is entirely dependent on these third-party providers. Delivery times indicated on the Site may thus be impacted by these providers without Plant and Stories being responsible for these routing delays and the consequences that could arise.
If the ordered products have not been delivered within two (2) months after the indicative delivery date and for any cause other than force majeure or the Customer's fault, the sale may be terminated at the written request of the Customer under the conditions provided for in Articles L.216-2 and L.216-3 of the Consumer Code. The sums paid by the Customer will then be returned to them no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or deduction.
The Customer is required to check the condition of the packaging and the products delivered upon delivery. They have 24 hours from delivery to make claims by email to contact@plantandstories.com accompanied by all relevant supporting documents (notably photos and/or videos). After this period and failing to have followed this procedure, the products will be deemed compliant and free of any apparent defect, and no claim can be validly accepted by Plant and Stories.
Plant and Stories will refund or replace as soon as possible and at its own expense the delivered products whose non-conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L.217-4 et seq. of the Consumer Code and those provided for in these Terms.
In case of the recipient's absence and the package being held, Plant and Stories cannot be held responsible for the final quality of the delivery if the recipient delays in collecting their package from the relevant services. For plant orders, the warranty does not apply in case of a problem if the selected pick-up point (point relais) is a locker or automated kiosk, as these options are generally located outdoors.
Delivery to a Pick-up Point (Point Relais): For any delivery to a pick-up point, the Customer is informed that packages are kept there for a maximum of five (5) calendar days. It is therefore imperative to collect the package as soon as possible after it is made available. Plant and Stories cannot be held responsible for the decisions or actions of the pick-up point, such as an early return of the package before the expiration of the 5-day period (e.g., due to lack of space, temporary closure, holidays, or any other reason beyond our control). In the event of the package being returned for these reasons, return costs remain the responsibility of Plant and Stories, but the costs for a potential new shipment will be at the exclusive expense of the Customer.
ARTICLE 7 - PAYMENT
Once the order is validated and the Terms accepted, the Customer pays on the Site via a secure payment method, by credit card. The price is payable in cash and in full on the day the order is placed by the Customer.
The Site is equipped with an online payment security system. The Customer's banking data is exchanged in encrypted mode using the protocol defined by the authorized payment provider involved in the banking transactions carried out on the Site and is not kept by Plant and Stories. Payments made by the Customer will only be considered final after the effective collection of the sums due by Plant and Stories.
In the event of abusive practices or apparent fraud, Plant and Stories reserves the right to carry out checks on orders and to request certain documents and information concerning the Customer in order to validate the order.
ARTICLE 8 - RIGHT OF WITHDRAWAL
Pursuant to Article L.221-28 of the Consumer Code, the right of withdrawal does not apply to goods liable to deteriorate or expire rapidly, such as plants. The Customer does not benefit from the right of withdrawal for plant orders on the Site.
However, regarding products other than plants sold on the Site (non-perishable) and the application of Articles L.221-5 et seq. of the Consumer Code, the Customer has a period of fourteen (14) days from the day of receipt of the products to exercise their right of withdrawal and request an exchange or refund for any unsuitable product, with the exception of return costs which remain the responsibility of the Customer.
The right of withdrawal can be exercised by email to contact@plantandstories.com or by post addressed to Plant and Stories at the postal coordinates indicated in Article 1 of these Terms by means of an unambiguous statement expressing the will to withdraw.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing for immediate resale. Damaged, soiled, or incomplete products will not be taken back. Plant and Stories will only refund the returned products once they have been effectively received and their new condition has been verified.
Exchange (subject to stock availability) or refund will be made within fourteen (14) days from the receipt by Plant and Stories of the products returned by the Customer under the conditions provided for in Article L.221-24 of the Consumer Code.
ARTICLE 9 - TRANSFER OF OWNERSHIP
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 delivery date of said products.
ARTICLE 10 - INTELLECTUAL PROPERTY
All visual, textual, 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 - RESPONSIBILITIES
Plant and Stories shall not be held liable for any events, inconveniences, or damages inherent in the use of the Internet network, notably in the event of a service interruption, external intrusion, or the presence of computer viruses.
Furthermore, Plant and Stories shall not be held responsible for the non-performance of the contract concluded in the event of a fortuitous situation, force majeure, disruption, or total or partial strike, notably of postal services and means of transport and/or communication, flood, or fire. Plant and Stories will incur no liability for any indirect damages as a result of these presents, loss of operation, loss of profit, damages, or costs that could occur.
ARTICLE 12 - LEGAL WARRANTIES
Products sold on the Site are subject to:
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the legal warranty of conformity (Articles L.217-4 et seq. of the Consumer Code) for defective, damaged products or products that do not correspond to the order,
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the warranty against hidden defects (Articles 1641 et seq. of the Civil Code) resulting from a defect in material, design, or manufacture affecting the delivered products and making them unfit for use, allowing Customers to request a refund or replacement of defective and non-compliant products.
To assert their rights, the Customer must inform Plant and Stories in writing (email or mail) of the non-conformity of the products or the existence of hidden defects as of their discovery. In case of a proven non-conformity or hidden defect noted by Plant and Stories, the Customer may obtain a refund or replacement of the product concerned. Shipping costs will be refunded based on the invoiced rate and return costs will be refunded upon presentation of supporting documents.
Refunds or replacements of products deemed non-compliant or defective will be made as soon as possible and at the latest within fifteen (15) days following the observation by Plant and Stories of the non-conformity or hidden defect.
ARTICLE 13 - PERSONAL DATA
Plant and Stories places particular importance on the protection of personal data of users visiting the Site. In accordance with GDPR regulations, Plant and Stories undertakes to respect privacy and protect the personal data of Customers and visitors to the Site.
When the Customer makes a purchase or creates an account on www.plantandstories.com, Plant and Stories collects personal information necessary for order management and package delivery such as first and last name, email address, postal address, and phone number. Plant and Stories does not collect any banking data. Banking information is processed and stored securely by external payment service providers.
Plant and Stories does not communicate or trade the personal data of Customers. At the stage of ordering on the Site, the Customer expressly consents to the collection and processing of their personal data necessary to carry out orders. Personal data is not kept longer than necessary for the purposes for which it was collected, including with regard to compliance with legal or tax obligations.
Pursuant to the regulations applicable to personal data, the Customer has a right of access, modification, and deletion of their personal data. Each Customer is also entitled to request a limitation of the processing of their data and also has a right to data portability as well as a right to object to the processing of personal data concerning them.
The Customer can exercise these rights by contacting Plant and Stories at: 200 rue de la Croix Nivert 75015 Paris or by email at contact@plantandstories.com. In any event, the Customer can file a declaration with the CNIL on the website https://www.cnil.fr.
ARTICLE 14 - CUSTOMER SERVICE
For any claim or request for information relating to these Terms, you can contact Plant and Stories Customer Service for free:
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by email at: contact@plantandstories.com
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by mail: Le Jardin de Laura SAS, 200 rue de la Croix Nivert 75015 PARIS
ARTICLE 15 - APPLICABLE LAW
These Terms are written in the French language and subject to French law. In the event they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 16 - JURISDICTION
In the event of a dispute relating to an order, the Customer shall first contact Plant and Stories to obtain an amicable solution by email at contact@plantandstories.com.
The Customer is informed that they can in any event resort to conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution method (e.g., conciliation) in case of a dispute. Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution (ODR) platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Failing an amicable outcome and regardless of the origin of the conflict, disputes relating to the execution or interpretation of these Terms will be submitted to the competent courts of Paris, unless mandatory provision to the contrary.