The present general terms of sale which represent all the stipulations constituting the offer emitted by the company LES JARDINS DE JADE is destined for all potential purchasers of their products. The company LES JARDINS DE JADE will hereafter be referred to in this text as “LES JARDINS DE JADE”. The purchaser will hereafter be referred to in this text as “The Customer”. By placing orders the Customer is committed to adhering to the present general terms of sale. Any contrary condition posed by the Customer is incontestable to LES JARDINS DE JADE. LES JARDINS DE JADE reserves the right not to satisfy the order which has been submitted to them. LES JARDINS DE JADE cannot be contract dependant by any other document other than the present general terms of sale and notably any leaflet or catalogue, paper or electronic, which only have an indicative value. LES JARDINS DE JADE reserves the right to modify the present general terms of sale at any moment.
All orders from a Customer must be made in writing or by any other means of communication approved by LES JARDINS DE JADE. There is no systematic recorded delivery for orders. LES JARDINS DE JADE registers the order and reserves the right to correct any error which may occur during registration of the order and does not incur any responsibility of this action. The constitution of products from LES JARDINS DE JADE differs according to the headings. The delivery of orders takes the place of confirmation on behalf of LES JARDINS DE JADE. The benefit of the order is personal to the Customer and cannot be relinquished without the permission of LES JARDINS DE JADE.
All the products ordered are sent to the delivery address given by the Customer. All risks, in particular loss or damage of the products, will be dealt with by the Customer at the time of delivery. LES JARDINS DE JADE endeavours to delivery registered orders in the fastest time possible, any forwarding or delivery date being given by LES JARDINS DE JADE only as an indication. LES JARDINS DE JADE can only be held responsible towards the Customer for a third of any direct or indirect damages (including notably any deficit or loss of data), resulting in the inability or refusal to satisfy an order, any delivery delay or any other error in an order for whatever the reason. In the eventuality of a stock shortage of products, LES JARDINS DE JADE will do its best to satisfy the orders as fairly as possible, taking into account all the circumstances. In the case of sending free of charge, this will be carried out by the most economic means, any supplementary costs for any other means of transportation will at the Customer’s expense. Products from LES JARDINS DE JADE, even those sent free of charge, always travel at the risks and perils of the receiver, the transfer of risks for the products begins as soon as they are forwarded by LES JARDINS DE JADE. Also, it falls to the Customer to take the usual measure in the case of transport damages.
The delays or the non fulfilment of orders which occur due to circumstances beyond control: fire, flooding, strikes (including go-slow or work-to-rule strikes), regulations or demands made by public bodies, or any other unavoidable event, unforeseeable and beyond the control of LES JARDINS DE JADE cannot give way to compensation. The provisions of this present article cannot however, in any way, exempt the part of the obligation to settle with the other party any sum due to be paid.
Without altering arrangements to be made with the transport company, the complaints about the apparent defects or the nonconformity of the delivered item or on the delivery note, must be formulated in writing and be returned, after agreement with LES JARDINS DE JADE, within eight days following the arrival of the items. It is up to the Customer to supply any justification to show the actual defects or abnormities that have been noted. LES JARDINS DE JADE should be allowed every possibility to check and note these defects in order to remedy them. The Customer should not try to intervene directly or to ask a third party to do so. The returned goods should be in the same state as when LES JARDINS DE JADE had them delivered originally. In the case of apparent defect or nonconformity of the delivered items, duly noted by LES JARDINS DE JADE in the above mentioned conditions, the Customer may obtain a free replacement, excluding any compensation or damages.
The price of products includes all the elements which are indivisible to them. The prices of the products from LES JARDINS DE JADE are transmitted to the Customer prior to the order. LES JARDINS DE JADE reserves the right to modify prices at any given moment and without incurring any kind of responsibility. This modification comes into force as soon as new prices are published. Prices are given without current or future duty or taxes. Therefore, the prices will be increased to meet the amount of any current or future taxes or duty that LES JARDINS DE JADE may have to collect or pay during a sale or delivery of products. All the prices invoiced to the Customer by LES JARDINS DE JADE are current prices on the day of registration of the order, deductions made, if need be, of all the discounts, reductions and refunds applicable to the order. Special rates: Special rates may be applied in certain circumstances, in particular in relation to the quantities ordered. These rates will be transmitted to the Customer prior to their order and will only be applicable to one order at a time.
An invoice is established and addressed to the Customer by LES JARDINS DE JADE for each order. Except for special agreements, payments will be carried out under the following conditions: -For orders of small items or single units, payment will be made in its entirety by the Customer at the time of ordering. The payment and order slip (whatever the form) will start the delivery process. -For large or multiple orders, a 40% advance of the total payment must be made by the Customer at the time of ordering. This first instalment determines the acceptance and registration of the order. The outstanding balance is to be paid without delay on the same day the goods are received by the Customer. -Payment is accepted by direct debit, cheque, bank or postal transfer. -All invoices are to be paid to the head office of the company or any other place mentioned on the invoice; -No discount will be applied in the case of settlement before the due date, except if a mention has been made on the invoice. In the case of late payment LES JARDINS DE JADE may suspend all outstanding orders, without prejudice to any other line of action. Any unpaid sum 15 days after the invoice issue date causes interest for late payment at the rediscount rate of the Banque de France marked up by two points and without prior notice. These penalties will be demanded by LES JARDINS DE FLORE upon simple request. The total sum of these penalties will be fully attributed to all discounts, reductions and refunds accorded by LES JARDINS DE JADE. It should also be noted that, in the case of non payment of an invoice past the agreed due date, forty-eight hours after an injunction notice which has been ignored, LES JARDINS DE JADE will have the power and full right to cancel the sale if they should wish to do so. The Customer must then reimburse all legal charges incurred by the recovery of the sum due.
It is expressly agreed between LES JARDINS DE JADE and the Customer that the transfer of possession of the product is suspended until full payment has been made. During the period preceding this payment, the product will remain the sole property of LES JARDINS DE JADE, but the Customer will assume all risks as soon as the product is sent according to regulations stipulated in article 2.
LES JARDINS DE JADE gives great importance to the quality of its products, vegetal and others, which are purchased either via Internet or by direct sale. However, with the exception of special mentions, LES JARDINS DE JADE does not give any formal or implicit guarantee with regard to their products. The Customer is therefore wholly responsible for the choice of his order, for its upkeep (especially for the vegetal products) and how they are used. In addition, LES JARDINS DE JADE cannot in any way be held responsible for the consequences of the utilization by the Customer of products from LES JARDINS DE JADE. In every case and in the eventuality that LES JARDINS DE JADE holds responsibility, this responsibility will be limited to the total sum received by them in payment of the current order concerned.
LES JARDINS DE JADE is the sole owner of data bases, texts, works and illustrations contained in the website www.tout-l-olivier.com and any documents issued by LES JARDINS DE JADE, including all reproduction rights and any others linked to these, in the limit of eventual rights held by a third party. The Customer is authorised to reproduce and print out on paper the data granted for exclusively free and internal use. This option cannot, under any circumstances be used to reproduce the totality of the data contained in the products or services. The Customer is forbidden to copy, publish, distribute or sell, in whatever manner, this data and more generally to attack, directly or indirectly or through a third party to which he may be associated, in whatever way possible, reproduction right and other rights held by LES JARDINS DE JADE. Furthermore, the Customer cannot use the corporate name of LES JARDINS DE JADE in any advertising and commercial documents without permission from LES JARDINS DE JADE.
The present clauses prevail over all the other general sales conditions and particular documents which are specific to the Customer.
Concerning the execution of a Contract, the parties concerned agree to elect a residence under the following conditions: For LES JARDINS DE JADE, in Rousset (13790), Chemin de Manéou, for the Customer at the address given at the time of ordering.
The Commercial Lawcourt of Aix en Provence or its President will be solely responsible for summary proceedings in the case of any kind of litigation or legal dispute relating to the formation or execution of an order unless LES JARDINS DE JADE prefers to submit the case to a different competent legal body. The Customer accepts this attribution of jurisdiction without any restriction or reserve.