Particular Conditions of sale
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Article 1 – Identification, object and scope of application
Any order at the site “www.jardins-du-monde.be” involves the unconditional acceptance by the customer of the Present General Conditions.
1.1. Jardins du Monde.be, Mr. François Boland (hereafter called the "Seller") is established Avenue du fort 51, 4400 Flémalle (Belgium); he is registered with the ECB under number BE 0810.329.090 He can be contacted by email (EMAIL ADDRESS) and by phone at (0032) 0495/441273.
1.2. The order must reach a minimum amount of 20 € before Fees to be taken into consideration.
1.3. The Present Particular Conditions govern the sale of products proposed by the Seller and concluded online between the Seller and the person who consults the website available at the internet address “www.jardins-du-monde.be” in order to make a purchase. The application of the General and Particular Conditions of the Seller to the sale(s) concluded with the Buyer is an essential element of the sales contract; therefore, these Conditions might be derogated only if the Seller agrees in writing beforehand. Therefore, the Buyer couldn't claim in any way the application of its own conditions of purchase or sale, whatever they might be. The Buyer and the Seller are hereinafter jointly referred to as "Parties". The website available at the address “www.jardins-du-monde.be” will be nominated below "the Site".
1.4. Any order of a Product proposed by the Site supposes the preliminary consultation and the express acceptance of the Particular Conditions by the Buyer without however that this acceptance is conditioned by a handwritten signature from the Buyer. Pursuant to the provisions of the 9 July 2001 Act fixing certain rules concerning the legal frame for electronic signatures and certification services, it is hereby reminded that the order form validation, according to the provisions of Article 5 of the General Conditions, that is to say when the Buyer ticks the box before the mention «I have read the Particular Conditions of sale and I agree with them. I confirm my purchase permanently», constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and constitutes the proof of the entire order and of the payability of the amounts due for this order. This electronic signature expresses the consent of the Buyer to the Seller's offer, on one hand, and the acceptance of the Present Particular Conditions for the provision, on the other hand.
1.5. The Buyer wishing to buy a Product on the Site declares possessing full legal capacity. Any person, who is incompetent in the sense of Article 1123 and following of the Belgian Civil Code, may not, under any circumstances, buy at the Site, or must do it through the intermediary and under the responsibility of his legal representative, identified in the way described in Article 2 of the Present Particular Conditions. This legal representative must respect the Particular Conditions. Any sale made in violation of Article 1.4. is considered non-existent, without the Buyer may require Seller's compensation.
Article 2 – Buyer identification
2.1. The Products purchase at the Site is reserved to Buyers having validly registered by following the registration procedure described at the Site. This registration procedure implies the obligation for the Buyer to supply his complete and correct contact details
Article 3 – Description and availability of Products
3.1. The products proposed to sale are those figuring at the Site, at the time and day of the Site consultation by the Buyer, while supplies last. The Seller makes every reasonable effort to display the Products availability in real time at the Site, but may not be held responsible if a Product were to be unavailable to honor the Buyer’s order. In case of the unavailability of one of the ordered Products, the Buyer shall be informed and shall have the choice to either modify his order or cancel it, in which case he shall be reimbursed of the amount of his order if payment has already been made.
3.2. The photos, texts, weight, measurements and other elements illustrating the Products are not contractual. If those photos andor texts present an erroneous character, the Seller cannot be held liable. This one commits to make his best efforts to rectify as quickly as possible errors or possible omissions after having been informed of their existence.
Article 4 – Purchase price and delivery fees
4.1. Purchase Price Each Product Price is displayed at the Site in euro, VAT included. It does neither include delivery fees, nor the deduction of any discount or purchase voucher possibly awarded to the Buyer. The Seller reserves the right to modify his prices at any time without notice. He however agrees to invoice for ordered Products on the basis of the purchase price in force at the time of the order validation. The Products remain Seller's property until full payment is received by the Seller. The price is payable in full in a single payment.
4.2. Delivery fees, shipping At the time of the order, the Buyers commit to pay, further to the purchase price of the products, the delivery fees (hereinafter the "Fees"). Those Fees vary, depending on the type of ordered products and the chosen place of delivery; those Fees must be understood as VAT included. The Buyer may consult the amount of these Fees at the Site by clicking on "delivery" or on the "Purchase Basket", where the total amount corresponding to the purchase price of the products and to the Fees is displayed. The Seller reserves the right to modify the amount of those Fees at any time. The Fees shall however be invoiced on the basis of the purchase price in force at the time of the order validation. Those Fees remain due and shall not be reimbursed if the Buyer returns the totality or a part of his order pursuant to his withdrawal right, as detailed in Article 8 of these Conditions.
Article 5 – Order modalities
5.1. To place an order, the Buyer must complete the identification form available at the Site after having established his "Basket". This form contains all the information necessary for his identification, in particular his name, first name and delivery address. The Seller shall not be held responsible for the consequences of the communication of inaccurate details. After having filled in the order form, the Buyer shall be invited to finalize the order process, by selecting and clicking the mention « I have read the Particular Conditions of Sale and I agree with them. I confirm my purchase permanently», by which the Buyer: - declares fully accepting and without reserves the Present Particular Conditions; - validates definitively his order and the delivery place of this one; - and commits to pay the whole due amount, that is to say the purchase price, plus the Fees and minus any discount or voucher.
5.2. The Seller shall confirm each order by sending an email to the Buyer of the order, on the address indicated by the Buyer when he registered (hereinafter "Order Confirmation"). This Order Confirmation shall mention, in particular, the order date, the product ordered, the purchase price with the Fees, as well as the delivery address and specifications. The data recorded by the Seller, as well as the Order Confirmation, constitute the proof of the contractual relationship between the Parties.
5.3. The Seller reserves the right to refuse or cancel any order or delivery in case of (I) existing dispute with the Buyer, (II) partial or total non-payment of a previous order or (III) refusal of authorization of payment by the banking institutions. In this case, the Seller's liability may not, under any circumstances, be engaged.
Article 6 – Modalities of payment and property reserve clause
6.1. The purchases payments are made by bank transfer, postal order or via Paypal. The price is payable in full in a single payment at the time of purchase. The ordered products remain the Seller's property until full payment of the purchase price and the Fees indicated at the time of the order.
6.2. A payment considered late will be considered non-priority, so the Seller can no longer ensure the availability of ordered goods, the missing goods will be refunded, PayPal or bank charges or other will be deducted.
Article 7 – Shipping and delivery of the order
7.1. The Seller makes every effort to ensure that orders placed at the Site are prepared and sent within 10-15 days, subject to receipt and confirmation of payment by the Buyer in advance.
7.2. For reasons of speed or routing, the Seller limits his shipments of plants only in Europe EEC, excluding French Overseas Departments. A delivery is still possible outside the EEC if you send us a request by email, however, the Seller can't be held responsible for delays and consequences on the goods.
7.3. The packages delivery takes place only on Monday after receipt of payment, an email is sent to the Buyer to warn him of the dispatch date, however, the potential delays and damages shall not be subject to any compensation due to the hazards that can occur (transport, strikes, meteorological situation, etc.). The Seller recommends to his customers outside Belgium to take the option to send by registered post to avoid any problems of transport. The Seller declines all responsibility in case of loss while shipping if the option is not by registered post.
7.4. A delayed delivery is possible without guaranteeing the exact date of the receipt of the package in the place of residence of the Buyer by the postal service.
7.5. The transfer of risks to the Buyer is made at the time of delivery. Each delivery is deemed to be carried out as soon as the product is at the disposal of the Buyer, according to the mode of delivery chosen.
7.6. It is up to the Buyer to verify the package(s) when it/they arrive(s) and make every reserve and complaint which appears justified, or even refuse the package(s), if it/they might have been opened or if it/they carry(carries) obvious signs of deterioration. These reserves and complaints relative to the delivery must be directly sent to the carrier by registered letter with acknowledgment of receipt, within three working days following the delivery of the product, and a copy must also be sent to the Seller.
7.7 Any order given to a carrier or to a post office is considered delivered to the customer.
Article 8 – Right of withdrawal and modalities of return
8.1. If one of the products purchased at the Site doesn’t suit the Buyer, he has a period of fourteen (14) calendar days of the day following the delivery to withdraw his purchase, without any penalty and without justification, according to the European and National legislation applicable to these Present Particular Conditions. Within this period, the Buyer must notify the Seller of his intention to use his right of withdrawal via the contact form or by sending an email to the address written in the Site.
8.2. The return to the Seller shall be made to his address, unless otherwise specified by the Seller, and by any means of transport chosen by the Buyer, who must keep proof of shipping. The Fees and risks associated with return shipping are the responsibility of the Buyer.
8.3. In the case where the Buyer uses his right of withdrawal, according to the modalities indicated in the previous paragraph, the Seller commits to reimburse the price of the purchase to the Buyer, if this one has already been paid, within thirty (30) calendar days from receipt of the package by the Seller. On the other hand, the delivery Fees remain due even in case of the entire package is returned.
8.4. The Buyer shall not use this right of withdrawal if the delivered products have clearly been damaged or if there are missing parts.
8.5. The Products must necessarily be returned properly protected, in their original packaging, in a perfect state for resale (not spoiled, damaged nor dirtied by the customer), with all accessories, user manuals and documentation to the address indicated above, with the original bill of sale, a copy of this bill being kept by the Buyer. Otherwise, products cannot be resumed. The packages without any element allowing identifying the sender (return number, order number, name or address) cannot be returned either. The items sent but not accepted for return shall be kept at the Seller’s address, available for the Buyers, who must take them back and pay them. In case of abnormal or abusive returns, the Seller reserves the right to refuse any further order.
Article 9 - Guarantee.
Unable to check the growing conditions after delivery (quality of grounds, untreated plantations, orders removed too late, ...), it is impossible to give to the customer a recovery guarantee.
Article 10 – Privacy protection towards personal data processing
10.1. The Seller collects personal data concerning the Buyers communicated by them at the Site. The Seller commits not to disclose those data to third Parties. Those data are confidential and shall only be used by internal services for the processing of orders, or to enhance and personalize the communication, for instance by informative letters/emails, as well as within the context of the customization of the Site according to Buyer’s recorded preferences. The Buyer expressly and particularly agrees that usage.
10.2. The Seller doesn’t sell, commercialize nor sent to third Parties the Buyers' related information. In case of assignment or use by third Parties of personal data, the Seller commits to inform the Buyer in advance, in order to allow him to use his opposition right. The Seller may also provide consolidated statistics, concerning the Buyers, sales, exchanges structures and information at the Site, to trustworthy third Parties. However, those statistics shall not contain any personal data. The present article shall not, however, be construed as preventing the assignment or business transfer to third Parties.
10.3. The Site uses "cookies". A cookie is a file stored on the hard drive of the microcomputer of the Buyer. It aims to report a previous visit to the User or the Buyer on the Website. Cookies are used by the Seller in order to personalize the service offered to the Buyer. The Buyer has the possibility to reject cookies by configuring his web browser. He loses the ability to customize the service which is delivered by the Seller.
10.4 The Buyer also authorizes specifically and explicitly the Seller to send him emails to commercial or advertising content at the address mentioned during the registration, unless the Buyer expressed the wish not to receive these emails.
Article 11 – Liability
The Seller only contracts an obligation of means, for all stages of Site access and for the order placement. In all cases, the Seller may not be held responsible for all inconveniences or damages incurred by the Buyer, after or because of the use of the Internet, including a service rupture, an external intrusion or the presence of informatics viruses, or any other event, which may be described as force majeure. In any event, the Seller's liability shall not exceed an amount equal to amounts paid or payable pursuant to the order, regardless of the cause, the shape, or the legal basis for the concerned action.
Article 12 – Miscellaneous
12.1. All elements of the Site, being visual or sonorous, including the underlying technology, are the exclusive property of the Seller. They are protected by copyright, trademark law or patents, as well as by the law relative to databases. Therefore, the Buyer refrain from reproduce any content without the prior written consent of the Seller.
12.2. These Particular Conditions are governed by Belgian law. The Parties shall try, in case of a dispute, to resolve it amicably within 14 days, following the date on which it has been reported by one of the Parties. Failing an amicable settlement within the said period, the courts of the judicial district of Liege will be competent. The Parties renounce the right to contest the law applicable to the Particular Conditions and the competent courts designated.
12.3. If one or more provisions of the Particular Conditions are held invalid or declared as such by application of a law or a regulation, or following a final decision form a competent court, the other provisions of the Particular Conditions preserve their full effects, in the same way as the General Conditions of sale.
12.4. The Particular Conditions and the order summary transmitted to the Buyer form a contractual ensemble and constitute the entire contractual relationship between the Parties. In case of conflict between those documents, the Particular Conditions shall prevail. The Buyer may save or print the Particular Conditions. However, he may not modify them. In all cases, the computerized databases stored in the computer systems of the Seller and his partners in conditions of reasonable safety, shall be considered as proofs of communications, orders and payments between the Parties. The Parties recognize these elements of proof with the same evidentiary value as they would recognize a paper document. Emails kept on electronic support by the Seller shall be valid, even if the sender has not provided an electronic signature. The computerized databases stored in the computer systems of the Seller and its partners under reasonable security conditions, shall be considered as proofs of the communications, orders and payments between the Parties.
(1) (i) Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, and applicable national laws transposing this directive (Articles 46 and following of the Belgian Law of 6 April 2010 relative to market practices and consumer protection, the Luxembourg law of 16 April 2003 concerning the protection of consumers in respect of distance contracts and the Netherlands law of 1 February 2001 on distance selling) and (ii) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of electronic commerce in the Internal Market, and the national implementing legislation.
(2) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and the national implementing legislation (the Belgian law of 8 December 1992 on the protection of privacy in relation to the processing of personal data, the Luxembourg law of 2 August 2002 on the Protection of Individuals with regard to the processing of personal data and the Netherlands law of 03 July 2000 on the protection of personal data)
In case of dispute, only the commercial court of the district of cork is competent.