I – GENERAL INFORMATION
The following terms and conditions of sale apply to all our sales, subject to special conditions which must be agreed in writing. Any order placed implies that the purchaser fully and unreservedly accepts the present contradictory conditions drawn up by the purchaser and which may appear on order forms or in general purchasing conditions.
Any pricing established by L’ART DU JARDIN does not constitute an offer: L’ART DU JARDIN therefore reserves the right to withdraw or revise it at any time prior to acceptance of the customer’s order. This acceptance will only be effective when it is established on a L’ART DU JARDIN order acceptance form duly signed by an authorized representative of L’ART DU JARDIN. Orders placed by mail, fax or hand delivery imply, if the order is accepted, acceptance of these conditions of sale and form the basis of the contract.
II – PRODUCTS:
L’ART DU JARDIN reserves the right to make any changes it deems necessary to its products at any time, and to modify the models shown in its brochures, catalogs and website without prior notice, although this does not oblige it to modify the products supplied or ordered.
III – ACCEPTANCE OF ORDERS :
Orders are not binding until confirmed in writing. L’ART DU JARDIN will only be bound by orders taken by its representatives when it has issued a written acceptance of these orders, in the form of an order acknowledgement. Order acceptance may also result from shipment of the products.
IV – ORDERING AND PRICING :
L’ART DU JARDIN accepts orders via its internal website. All prices shown on the product pages include VAT and delivery costs.
None of the product presentations displayed in the online store have any contractual value. Any liability on the part of L’ART DU JARDIN for errors is expressly excluded.
The ordering process
Once you’ve found the product you’re looking for, you can add it to your shopping cart, without any obligation on your part, by clicking on “Add to cart”. You can consult your basket at any time by clicking on “My Basket”. You can remove products from your basket by clicking on “X”.
Once your basket contains the products you want, click on “My Basket” and then validate it by clicking on “Validate my order”. You will then be asked to enter your personal billing, delivery and payment details. To validate the order, you must tick the box “I have read and accept the terms and conditions” and click on “Order”.
Finally, an order summary is displayed to confirm that your order has been taken into account, and you also receive an e-mail confirming receipt of your order.
The customer declares and acknowledges that he/she has read and understood the entirety of these terms and conditions on the day of purchase of the products by checking the box “I have read and accept the terms and conditions” when placing his/her order.
V – PACKAGING AND DELIVERY :
Delivery takes place when the goods are handed over to the carrier at our warehouses. Deliveries are made subject to stock availability and on a first-come, first-served basis.
All goods travel as determined by L’ART DU JARDIN, but at the customer’s risk and expense from the seller’s premises.
Customers must examine the goods as soon as they arrive on their premises and notify L’ART DU JARDIN in writing within 48 hours of the arrival of the goods of any reservations regarding the packaging of the goods, the number of packages, any defects noted on the goods and any shortages or excess deliveries. If L’ART DU JARDIN does not receive notification within this period, it will be released from any liability for damage or loss in transit.
Delivery dates are estimated based on current business, goods supplied and availability and are determined from the time the contract is concluded with L’ART DU JARDIN, when all information is available to enable L’ART DU JARDIN to ship. Although every effort is made to deliver according to schedule, L’ART DU JARDIN cannot be held responsible for any delays. L’ART DU JARDIN cannot be held liable for the payment of penalties or damages for late delivery or non-execution due to circumstances beyond the control of L’ART DU JARDIN, including cases of force majeure. Delivery can only be made on time if the customer has honoured his or her obligations to L’ART DU JARDIN.
Whatever the chosen mode of transport (carriage paid or carriage forward), L’ART DU JARDIN chooses the carrier and the delivery organization. Delivery will be made to the location indicated by the customer. L’ART DU JARDIN may, at its discretion, deliver the goods in one or more consignments.
VI – PAYMENT:
L’ART DU JARDIN offers payment for your orders via a secure, encrypted payment process.
Credit card
In the case of payment by credit card, the customer’s account is debited on the day of purchase.
Payment can be made with the following cards: Visa, Mastercard, Maestro and American Express.
Your credit card information is not stored by L’ART DU JARDIN.
VII – CANCELLATION
Consumers have a right of withdrawal of 14 days from receipt of the goods by you or any third party appointed by you to exercise their right of withdrawal without having to give any reason or pay any penalty.
To exercise this right of withdrawal you must make a specific request specifying the order number via one of the following methods:
- Postal address: L’art du Jardin – 33 rue des artisans, 68700 Cernay – France
- By e-mail to: contact@artdujardin.fr
- By telephone: (+33) 03 89 26 51 73 Monday to Friday between 9am and 12pm and 2pm and 6pm.
In case of withdrawal
In the event of your withdrawal, we will refund all payments received from you, including delivery costs (with the exception of additional costs incurred by your optional choice of a delivery method other than that offered by L’ART DU JARDIN) as soon as possible, and no later than fourteen days from the date on which your notice of withdrawal was received by L’ART DU JARDIN.
The refund will be made to your original payment method, unless you agree otherwise.
Refunds may be withheld until the products have been returned to us or until you have provided proof that you have shipped the products.
In the event of delivery by a carrier (bulky products such as our ovens, pellet planchas, barbecues or hotspots), we will request collection of the goods.
For all other deliveries, you must return or hand over the products to us at the return address below as soon as possible and, in any event, no later than fourteen days from the date on which you informed us of your withdrawal from this contract. This period is deemed to have been respected if you return the products before the fourteen-day period has expired.
Return address : L’art du Jardin – 33 rue des artisans, 68700 Cernay – France
You will only be liable for the diminished value of the products if this loss of value results from your handling of the products other than that necessary to establish the nature, characteristics and proper functioning of the product(s).
VIII – LEGAL WARRANTIES
L’ART DU JARDIN is liable for material defects in accordance with applicable legal provisions. All products supplied by L’ART DU JARDIN benefit from the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-14 of the French Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the French Civil Code.
L’ART DU JARDIN provides its customers with a voluntary manufacturer’s warranty. The legal warranty is not affected by this voluntary warranty. Warranty information is available at: Vulcano warranties
IX – PERSONAL DATA
All information concerning our privacy policy can be found at this address
X – DISPUTE RESOLUTION
Since 16/02/2016, disputes between consumers and professionals under online sales contracts or online service contracts must be resolved via an online dispute resolution platform (ODR platform). This platform was created by the European Union and can be accessed at https://ec.europa.eu/consumers/odr/. Use of the online platform is neither necessary nor mandatory. As a result, consumers are free to assert claims without prior use of the ODR platform.
XII – APPLICABLE LAW
Contracts concluded between L’ART DU JARDIN and the buyer are governed exclusively by French law. French is the exclusive language of contracts and negotiations.
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