GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale (the "Conditions") are agreed between the company GENERATION 3 and any natural person who wishes to make a purchase on the LE JARDIN RETROUVÉ website (the "Site").
GENERATION 3 reserves the right to modify these Conditions at any time. They shall be applicable from the date they are posted online.
1- Ordering process
To place an order, you should first login with your email address and password. Creating an account on the Site is a prerequisite for placing an order. You will be asked to fill in a registration form, providing accurate, updated and complete information. The information should be updated regularly, when necessary, to maintain its accuracy.
You will be asked to choose a username, which is a valid email address, and a password, and must provide at least the following information: surname, first name, postal address and telephone number.
The codes for access to the account are strictly confidential.
The products covered by these Conditions are those displayed on the Site. They are described and presented with the greatest possible accuracy, giving details of their principal characteristics within the meaning of Article L. 111-1 of the Consumer Code.
For each order placed on the Site, you will be asked to confirm your agreement to the Conditions in force at the time of ordering by checking the box provided for this purpose, without which the order cannot be processed.
It is important to verify the accuracy of your selection before finalising your order. You are informed that an order, once confirmed, is subject to an obligation of payment.
After confirming your order (checkout), you will be asked to choose the delivery address and the delivery method, and confirm your payment method. This last step will formalise the contract of sale.
A confirmation of receipt of the order will be sent to you by email. The email will confirm that your order has been received, together with the description of the product/s selected, quantities, prices, shipping costs and the amount paid, and also the version of the Conditions accepted by you, thus constituting a binding contract and proof of your order.
The act of confirming the order entails the obligation to pay the amount mentioned.
Unless proved otherwise, the information registered shall constitute proof of all transactions carried out.
You may consult the status of your order on the Site at any time using the login and password chosen by you. You also have the right to modify at any time the data and information previously entered by you and to access information about any earlier orders after logging in to your account.
If you order is a gift, you may also attach a card with text limited to 200 characters.
Prevention of fraud
GENERATION 3 reserves the right to refuse or cancel any order from a customer with whom it has a dispute concerning a previous order, if it reasonably considers that the said customer has infringed these Conditions, or that the customer is engaged in fraudulent activity, or for any other legitimate reason.
In case of loss, theft or unauthorized use of your password, you hereby agree to notify GENERATION 3 immediately.
Our product offerings and prices are valid for as long as they are visible on the Site, subject to availability. In the event that a product becomes unavailable after your order was placed, we will notify you by email or telephone as soon as possible, and offer you the option of either ordering another item shown on the Site as replacement, or of cancelling your order. If you choose to cancel your order, you will be reimbursed if your bank account has already been debited.
Orders placed on the Site are reserved for private individuals. The resale or redistribution of products purchased through the Site is strictly prohibited.
GENERATION 3 is a retailer and its objective is not to sell bulk quantities of the products offered. Consequently, GENERATION 3 reserves the right to limit the number of products ordered or refuse orders for a single product in large quantities, in accordance with the provisions applicable in the matter.
GENERATION 3 reserves the right to change its product offer on the LE JARDIN RETROUVÉ Site at any time without notice.
3 - Price
The prices of the products are shown in Euros, inclusive of all taxes for all countries to which we deliver.
Product prices shown do not include shipping costs. Shipping costs will be specified before you validate the order.
GENERATION 3 reserves the right to modify the prices of the products shown on the Site at any time without notice. The products are invoiced based on the prices displayed on the Site at the time of placing your order.
The products remain the property of GENERATION 3 until full payment is received. However, the customer assumes the risks (including loss, theft or damage) of products delivered with effect from the effective date of delivery, as attested by the date of acknowledgement of receipt or postmark.
Our sales are understood to be DAP – i.e. Delivered At Place. Our prices do not include customs duties or import taxes, which will be borne by the purchaser.
4 - Payments
Any order placed though the Site shall be paid immediately at the time of placing the order.
We accept payments by credit card (Visa, Mastercard, American Express) or PayPal.
The order will be shipped after verification of your payment mode and receipt of the authorization to debit your card.
Your credit card will be debited only at the time of shipment of your order. In case one or more of the items ordered are unavailable, only the amount relating to products shipped will be debited.
An invoice with details of the purchase amount will be included in each package.
GENERATION 3 uses SSL encryption to protect all data related to personal information and payment. In all windows where the URL begins with https:// (where the "s" stands for secure), the information is encrypted and therefore protected before being transferred over the Internet.
For certain orders you may be asked to make payment through a third party 3D secure payment system such as "Verified by Visa®" or "MasterCard® SecureCode". In such cases, your bank will ask you to enter your personal information for completing payment.
The information transmitted is fully encrypted and will not be stored or shared.
5 - Delivery
Products purchased through the Site www.lejardinretrouve.com can be delivered to postal addresses in the following countries only:
Rest of the World:
Bosnia & Herzegovina
United Arab Emirates
Orders cannot be placed for delivery addresses located outside these countries.
Your order will be shipped to the delivery address you provided while ordering.
The indicative delivery times of all other orders are shown below:
Metropolitan France: 2 to 3 working days
European countries: 3 to 5 working days depending on the country.
North America: 8 to 9 working days
Japan: 8 working days
Rest of the world: 9 working days.
If delivery is delayed by more than 7 days after these due dates, you may cancel your order or grant us more time to deliver, in accordance with legal provisions. In case of cancellation and if you received the product after cancellation of the order, the product and return costs will be reimbursed to you within 14 days of receipt of the product returned to us, intact and in its original state.
For certain reasons, including for reasons of security, GENERATION 3 will not process any order where the address provided is a post office box, a university residence address or a Cedex code.
GENERATION 3 reserves the right to make partial deliveries. Your credit or debit card will be debited accordingly to correspond to the prices of product/s actually delivered.
6 - Delivery issues
Any failure to deliver or a delay in delivery of more than seven (7) days should be reported to our Customer Service as soon as possible.
All risks with regard to the products sold are transferred to the shipping company when they are handed over for shipment. You are advised to verify the conformity of the goods at the time of delivery and specify, if possible on the delivery note, any anomalies noted (open or damaged parcel, damaged goods, etc.) in writing, with your signature. You should apprise Customer Service within three (3) days of delivery, or within ten (10) days if the courier service does not justify having allowed you the possibility of verifying the condition of the goods, by email at firstname.lastname@example.org or by telephone at + 33 (0) 9 54 19 80 39.
7 - Cancellation - Returns - Exchanges - Refunds
Upon confirmation, your order is transmitted to our dispatch service for processing. You may modify or cancel your order by contacting customer service by email at: email@example.com or by telephone at: 33 (0) 9 54 19 80 39.
8 - Right of retraction
In keeping with legal provisions in force, you have 14 calendar days from receipt of your product/s within which you may exercise your right of retraction without having to provide any reason or incurring any penalty, in accordance with Articles L.221 - 8 and following of the Consumer Code.
In the case of split deliveries, the right of withdrawal period shall take effect from the date of the last delivery.
You are required to inform GENERATION 3 of your decision to retract before the expiry of the 14-day period, using the online form on this Site or by any other means explicitly stating your wish to retract.
In the event that you exercise your right of retraction within the abovementioned period, the amount of the product purchased will be refunded; return-shipping costs shall be borne by you.
All products returned should be in their original condition and intact (packaging, accessories, manuals, etc.) in good condition for remarketing, together with a copy of the invoice for rapid processing.
In keeping with regulations in force, the right of withdrawal does not apply to products that have been unsealed by the customer or products that have been personalized at your request.
You may return any product ordered through the Site for an exchange or refund in accordance with the conditions applicable to delivery delays of more than 7 days following the indicative delivery date, or the right of retraction.
The said product/s should be returned without undue delay and no later than fourteen (14) days after informing us of your decision to retract.
The direct return costs shall be borne by you.
The returned products shall be reimbursed within fourteen (14) calendar days from the date of receipt of the products returned by you.
In accordance with legal stipulations, the right of retraction does not apply to consumable products that have been opened or used, products where the protective lids or seals have been opened, products where the packaging is damaged or products that cannot be remarketed.
For legal reasons related to transportation, the return of products containing alcohol is subject to a special procedure.
The following conditions apply for the return of perfume products:
- The product should not have been opened and should be returned in its original packaging,
- In cases where products are returned because they are defective or damaged, the customer should ensure that the bottle is still airtight (if not, please contact our Customer Service).
The package should be returned by courier service and addressed as follows: GENERATION 3 – Retour Internet, 7, rue Fourcroy, 75017 Paris - France.
If an exchange is requested (except for product/s received as a gift):
- If the cost of the product/s chosen as replacement is higher than the cost of the product/s returned, the difference shall be paid by you, in accordance with these Conditions.
- If the cost of the product/s selected as replacement is less than the cost of the product/s returned, GENERATION 3 will refund the difference, in accordance with these Conditions. This does not apply to gift orders.
In case of exchange, you will be invoiced for the delivery costs for the second shipment.
We do not offer refunds, even partial, in the case of products sent as gifts.
8 - Legal safeguards - disclaimer
In keeping with legal provisions, we will refund or exchange products that are defective, non-compliant, or which do not correspond to your order.
The products sold on the site are subject to legal safeguard clauses as laid down in Articles L 211-4, L 211-5 and L 211-12 of the French Consumer Code and Articles 1641 and 1648 of the French Civil Code:
Article 1641 of the Civil Code: The seller is bound by a warranty in respect of any hidden defects of the thing sold that make it unfit for the use for which it was intended, or that limit its use in such a manner that the buyer would have refrained from buying it or would have paid a lower price if he/she was aware of the same.
Article 1648 of the Civil Code: Legal action arising out of redhibitory defects should be taken by the purchaser within two years after discovery of the defect/s. In cases as provided for in Article 1642-1, a claim should be lodged, under penalty of lapse of rights, within the year following the date after which the seller may be discharged of its responsibility with regard to visible defects.
Article L211 - 4 of the Consumer Code: The seller is required to deliver goods in conformity with the contract and is liable for defects of conformity existing at delivery. It is also liable for lack of conformity of the packaging, instructions for assembly or installation at the time the goods were delivered under the contract or were carried out under its responsibility.
Article L211 - 5 of the Consumer Code: To conform to the contract, the product should:
Be suitable for the purpose usually associated with such product and, as the case may be, correspond to the description given by the seller and possess the qualities that were presented to the buyer as a sample or model, possess the features that a buyer might reasonably expect with regard to the claims made by the seller, the manufacturer or his representative, particularly in advertisements or labels; or
Possess the qualities defined by mutual agreement by the parties, or be suitable for any particular use that the buyer was seeking which the buyer made known to the seller and the latter accepted.
Article L211-12 of the Consumer Code: Any action resulting from lack of conformity shall lapse two years after delivery of the goods.
9 - Intellectual property rights
The Site is protected by copyright. The use of all or part of the Site, including the download, reproduction, transmission or depiction on any media and through any means whatsoever, for any purpose other than for personal and private use for non-commercial purposes, is strictly prohibited.
All company names, logos, trademarks and other distinctive signs displayed on the Site are also protected under trademark law. Any reproduction or representation of all or part of any of the above distinctive signs is subject to prior written approval.
As a general rule, any unauthorized reproduction or representation of brands, logos, designs, models, literary, musical, audio-visual or photographic work and, more generally, any information that is protected by intellectual property rights available on the Site is prohibited and constitutes an infringement under Articles L335-2 and following of the Intellectual Property Code, unless such reproduction or representation is strictly and exclusively reserved for personal and private use.
10 - Limitation of Liability
GENERATION 3 shall under no circumstances be held liable for any indirect damage, incident, exceptional or incidental, including without limitation, loss of business, loss of profits or prospects, resulting from the purchase of LE JARDIN RETROUVÉ products through the Site.
Under these Terms and Conditions GENERATION 3 shall not be held liable for breach of obligation where the non-fulfilment of an obligation is attributable to a third party even if it was foreseeable, the customer's fault, or the occurrence of a force majeure as defined by the French courts or any other incident that was not reasonably under the sole control of GENERATION 3.
The products offered comply with French, European and American regulations and standards in force and applicable in the territories where the products are marketed. GENERATION 3 shall not be held liable for non-compliance with the legislation of the country where the product is delivered (e.g. in case of prohibited products, etc.). You are responsible for verifying with local authorities the possibility of importing or using the products you intend to order.
The images shown are for illustrative purposes only. GENERATION 3 shall not be held responsible for errors or inaccuracies in the images or graphical representations of LE JARDIN RETROUVÉ products shown on the Site. Please refer to the description of each product for more detailed information on its characteristics.
If you have any questions about the products, you may contact our Customer Service by email at: firstname.lastname@example.org, or by telephone at: 33 (0) 9 54 19 80 39.
Subject to applicable regulatory provisions, the texts, images, videos, data, posters, logos, brands and other elements on the Site are provided "as is" and are accessible according to availability of the Site and without any express or implicit guarantee on the part of GENERATION 3. The Site shall be used at the user's own risk and responsibility. In particular, the use of the hypertext links that may lead the users of the Site to consult other servers to find information, sites over which LE JARDIN RETROUVÉ has no control, and does not intend to assume any responsibility as to their content.
GENERATION 3 makes every effort to ensure the accuracy of the information on its Site. However, GENERATION 3 does NOT guarantee that:
1) The Site, its content and the products offered will perfectly meet the expectations of the user,
2) The Site will always be available and free of disruptions or errors, or that these errors will be corrected,
3) The Site will remain free of viruses.
12 - Personal Data – Opt-out List for telemarketing calls
The personal information and data you provide while registering is collected by GENERATION 3. This data is required to help us better manage your order and your relationship with us. The information may be sent to companies that contribute to this relationship, such as those in charge of service and orders, for their management, execution, processing and payment. The information and data is also stored for security purposes in compliance with legal and regulatory obligations and to enable us to improve and personalise the services we offer and the information we send you.
Under the Data Protection Act of 6th January 1978, you have a right to access, modify, rectify or oppose the use of your personal data. To exercise this right, you simply need to write to us online or by email to email@example.com, or by letter to GENERATION 3, 7 rue Fourcroy, 75017 Paris, France, with your Surname, Name, and email address. In compliance with existing regulations, your request should be signed and a photocopy of an identity document bearing your signature should be attached. You should also confirm the reply address. A response will be sent to you within one month of receipt of your request. Depending on the options you chose when you created or consulted your account, you may receive offers and information from our company. If you no longer wish to receive them, you may modify these options after logging in to your account.
If you provided you telephone number/s while creating your account or placing your order, please note that the telephone number will be used solely for the proper execution of your order/s or to contact you to propose new services.
Without prejudice to the foregoing, and in accordance with legal provisions, we inform you that you have the right to refuse telemarketing calls. You may also register your opposition free of charge on this list that is obligatory for all professionals, except those with whom you have a contractual agreement.
13 - Governing Law
These Terms and Conditions of Sale are governed by and construed in accordance with French law.
For any claim, our clients should first contact:
GENERATION 3, Customer Service, 7 rue Fourcroy, 75017 Paris, France.
We will make every effort to resolve any dispute with our customers amicably.
In keeping with Article L-211-3 of the Consumer Code, the customer is hereby informed of the option, in cases of litigation, to have recourse to a conventional mediation procedure or other alternative method of dispute resolution.
Any eventual litigation shall be subject to the exclusive jurisdiction of the Court of Appeal of Paris.