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General Terms and Conditions of sales

Preamble

The present general conditions of sale are concluded between the company GENERATION 3 and any non-trading individual wishing to make a purchase on the JARDIN RETROUVÉ website (the "Site").

GENERATION 3 reserves the right to modify the general conditions of sale at any time. They will be applicable from the date of their publication on the Site.

1- Ordering procedures

Identification


To place an order, you must identify yourself with your email address and your password. The creation of an account on the website is a prerequisite to placing an order. It requires you to complete a registration form, providing accurate, up-to-date and complete information. You must update this information regularly to maintain its accuracy.
The user must choose a user name consisting of a valid e-mail address, a password and provide the following information as a minimum: name, first name, address and telephone number.
The access codes to the account are strictly confidential.
Products
The products governed by these general terms and conditions of sale are those which appear on the Site. They are described and presented as accurately as possible, with mention of their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.
Order
Each time you place an order on the Site, you will be asked to confirm your acceptance of the General Terms and Conditions of Sale in force on the date you place your order by ticking the box provided for this purpose. Otherwise, the order cannot be placed.
You must check the accuracy of your selection before confirming your order. You are informed that the order is subject to a payment obligation.
Once the order has been confirmed, you must choose the delivery address and the delivery method, and validate your payment method, this last step formalising the sales contract.
An order confirmation is sent to you by e-mail; this e-mail contains, on the one hand, the acknowledgement of receipt of your order with the description of the selected products, the quantity, the price as well as the amount of the shipping costs, the associated payment, and on the other hand, the general terms and conditions of sale in the version accepted by you, thus constituting the proof of the order, and of the contract made.
The fact of validating the order implies the obligation to pay the price indicated.
In the absence of proof to the contrary, the recorded data constitutes proof of all transactions.
The status of the order can be consulted at any time from your customer account accessible from the Website, access to which is reserved by a password chosen by you. The information and details completed can be modified at any time by you; you can also access information relating to any previous orders.
For a gift order, you can include a card limited to 200 characters.
Fraud prevention
GENERATION 3 reserves the right to refuse or cancel any order from a customer with whom it is in dispute over a previous order, or if it reasonably believes that the customer has breached these General Conditions or engaged in fraudulent activity, or for any other legitimate reason.
In the event of loss, theft or any fraudulent use of your password, you undertake to inform GENERATION 3 immediately.
 
2- Availability

Our product offers and prices are valid as long as they are visible on the site, within the limits of available stocks. In the event that a product is unavailable after you have placed your order, we will inform you by email or telephone as soon as possible, offering you either to order another item presented on the website as a replacement, or to cancel your order. If you choose to cancel your order, you will be refunded immediately if your bank account has been debited.
Orders placed on the website are for private individuals only. The resale or redistribution of products purchased on the website is strictly forbidden.

GENERATION 3 is a retailer and does not intend to sell the products offered in large quantities. Consequently, GENERATION 3 reserves the right to limit the quantity of products ordered or to refuse orders for the same product in large quantities, in accordance with the provisions applicable in this regard.
GENERATION 3 reserves the right to change at any time and without notice the products offered for sale on the website LE JARDIN RETROUVE
3- Prices

The prices of the products are indicated in euros all taxes included for all the countries where we deliver.
The prices of the products are exclusive of delivery charges. The amount of the delivery charges will be specified before the order is confirmed.
GENERATION 3 reserves the right to modify the prices of the products offered on the Internet Site at any time and without prior notice. The products are invoiced on the basis of the prices displayed on the Internet Site at the time of placing your order.
The products remain the property of GENERATION 3 until full payment has been received. On the other hand, you assume the risks (in particular of loss, theft or deterioration) concerning the products delivered and this from the effective date of delivery, the date of the receipt or postmark being taken as proof.
Our sales are DAP (Delivered at Place) - i.e. delivered on the spot: our prices do not include possible customs fees or taxes which are charged to the buyer.

4- Payment

Any order placed on the Website must be paid immediately upon placing your order.
We accept payment by credit card (Visa, Mastercard, American Express) and by Paypal.
Your order will only be shipped after your payment method has been verified and your card has been authorized to be charged.
Your credit card is only debited when your order is shipped. In case of unavailability of some ordered items, only the price related to the shipped products will be debited.
An invoice detailing the amount of your purchases is included in each package.
GENERATION 3 uses the SSL encryption process to protect all data related to personal information and payment methods.
 In all secure areas where the URL address begins with https:// (where the "s" stands for secure), the information is encrypted and therefore protected before being transferred via the Internet.
For some orders, you may be asked to make an authenticated and secure payment using the 3D Secure system (via "Verified by Visa®" or "MasterCard® SecureCode"). In this case, you will have to enter the personal information requested by your bank to finalize your payment.
The information transmitted is fully encrypted and is not stored or shared.

5- Delivery

Products purchased on the Website www.lejardinretrouve.com can be delivered to a postal address exclusively in the following countries:

Europe:
France, Germany, Austria, Belgium, Bulgaria, Channel Islands, Croatia, Cyprus, Denmark, Spain, Estonia, Finland, Gibraltar, Great Britain, Greece, Hungary, Iceland, Faroe Islands, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Norway, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Sweden, Switzerland 

North America :
Canada, United States

Rest of the world : 
Algeria, Argentina, Australia, Bahamas, Bahrain, Belarus, Bolivia, Bosnia-Herzegovina, Brazil, Brunei, Cameroon, Chile, Colombia, Costa Rica, Ecuador, Georgia, Guadeloupe, Hong Kong, India, Indonesia, Israel, Jamaica, Jordan, Kuwait, Reunion, Lebanon, Saudi Arabia, South Africa, South Korea, United Arab Emirates, Kuwait, Reunion, Lebanon, Macao, Macedonia, Malaysia, Morocco, Martinique, Mexico, Moldova, Montenegro, New Caledonia, New Zealand, Oman, Peru, French Polynesia, Puerto Rico, Qatar, Russia, Serbia, Singapore, Taiwan, Thailand, Tunisia, Turkey, Ukraine, United Arab Emirates, Uruguay, Venezuela, Vietnam


It is not possible to place an order for any delivery address outside these territories.
Your order will be shipped to the shipping address you provided when you placed your order.
 
Other types of orders are delivered according to the following indicative shipping times:
Metropolitan France: between 2 and 3 working days

European countries: between 3 and 5 working days depending on the country.
North America : between 8 and 9 working days
Japan : 8 working days
Rest of the world: 9 working days
In case of delay of more than 7 days on these deadlines, you have the possibility, to cancel your order or let us an additional time to deliver you, in accordance with the legal provisions. In case of cancellation, and if you have received the product after cancellation of your order, we will proceed to the refund of the product and the return costs, within 14 days from the receipt of it by us, complete and in its original condition.
For security reasons, GENERATION 3 will not process any order for which a poste restante, a post office box, a university residence address or a Cedex address is provided.

GENERATION 3 reserves the right to split deliveries. Your credit card or payment card will be debited in the same way to correspond to the price of the products actually delivered.


6- Delivery problems


Any defect or delay in delivery exceeding seven (7) days must be reported to our Customer Service as soon as possible.
The transfer of risks on the sold products is carried out at the handing-over of the products to the transport company. You must check the conformity of the goods at the time of delivery and indicate, if possible on the delivery note, in the form of handwritten reserves accompanied by your signature any anomalies noted (open package, damaged product etc.). You must then contact within three (3) days from delivery (or ten (10) days from delivery if the carrier does not justify having given the consumer the opportunity to check the good condition of the products) the Customer Service by email or by phone at info@lejardinretrouve.com or +33 (0)9 54 19 80 39.

7- Cancellation - Returns - Exchanges - Refunds

Once completed, your order is transmitted to our shipping department for processing. You can modify or cancel it by contacting the customer service by phone or by email at info@lejardinretrouve.com or by phone at 33 (0)9 54 19 80 39.

8- Right of withdrawal

In accordance with the legal provisions in force, you have a period of 14 calendar days from the date of receipt of your products to exercise your right of withdrawal without having to justify your reasons or pay a penalty, in accordance with Articles L.221- 8 et seq. of the Consumer Code.
In case of split deliveries, the withdrawal period runs from the date of the last delivery.
It is up to you to inform GENERATION 3 of your decision to withdraw before the expiry of the 14-day period, using the online form on this site or by sending any other unambiguous statement expressing your desire to withdraw.
In case of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased will be fully reimbursed; the return costs remain at your charge.
The returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their remarketing in new condition, and accompanied by a copy of the purchase invoice for optimal management.
In accordance with the regulations in force, the right of withdrawal cannot be exercised for products unsealed by the customer or products that have been custom marked at your request.
You have the possibility to return any product ordered on the website for an exchange or refund in accordance with the conditions provided for the delay of more than 7 days from the indicative date of delivery or the right of withdrawal.
The products must be returned or restituted, without excessive delay and no later than fourteen (14) days after communication of your decision to withdraw.
The direct costs of return remain at your charge.
The reimbursement of the returned products is made within fourteen (14) calendar days of the date on which we received the products returned by you.
The right of withdrawal does not apply, in accordance with the legal provisions, to consumable products opened and/or used, to products whose protective covers or seals have been opened, to products or product packaging damaged so that they cannot be sold.
For legal reasons related to transport, the return of these products containing alcohol is subject to a specific procedure.
 The following conditions apply to the return of perfumes:
- the product must not be opened and must be returned in its original packaging,
- in case of return for defective or damaged product, the customer must ensure that the bottle is still sealed (if not, please contact our Customer Service).
You can then return your package by a carrier to the following address GENERATION 3 - Retour Internet, 7, rue Fourcroy, 75017 Paris - France.
In the case of an exchange (except in the case of a product received as a gift):
 - if the amount of the product(s) chosen as a replacement is greater than the amount of the product(s) returned, you will have to pay the price difference in accordance with these General Terms of Sale,
 - If the amount of the product(s) chosen as a replacement is less than the amount of the product(s) returned, the price difference will be reimbursed by GENERATION 3 in accordance with these General Terms and Conditions of Sale, except in the case of a gift order.
In the case of an exchange, the shipping costs for the second shipment will be charged.
We do not offer refunds, even partial, if you have received the product as a gift.

8- Legal guarantees - exclusions of guarantee

In accordance with the legal provisions in force, we will reimburse you or exchange the defective products, non-conforming or not corresponding to your order.
The products sold on the site are subject to the conditions of legal guarantees provided by articles L 211-4, L 211-5 and L 211-12 of the French Consumer Code as well as by articles 1641 and 1648 of the French Civil Code:
Article 1641 of the French Civil Code: The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
 Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller can be discharged from the apparent defects.
 Article L211 -4 of the Consumer Code: The seller is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for the defects of conformity resulting from the packing, the instructions of assembly or the installation when this one was put at his expense by the contract or was carried out under his responsibility.
 Article L211 -5 of the Code of Consumption: To be in conformity with the contract, the good must :
Be fit for the purpose usually expected of similar goods and, where applicable, correspond to: the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling; or
Present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
 Article L211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

9- Intellectual Property
 The Website is protected by copyright. The use of all or part of the Website, in particular by downloading, reproduction, transmission or representation on any medium and by any process, for any purpose other than personal and private use for non-commercial purposes is strictly prohibited.
 The company names, brands and distinctive signs reproduced on the Website are also protected under trademark law. The reproduction or representation of all or part of one of the above-mentioned signs must be subject to prior written authorization.
 As a general rule, any unauthorized reproduction or representation of trademarks, logos, designs, models, literary, musical, audiovisual or photographic works and, more generally, any element likely to be protected by an intellectual property right accessible on the Website is prohibited and constitutes an infringement within the meaning of Articles L335-2 et seq. of the French Intellectual Property Code, unless such reproduction or representation is reserved exclusively for strictly personal and private use. 

10- Limitation of liability
 Under no circumstances shall GENERATION 3 be held liable for any indirect, incidental, special or consequential damages, including, but not limited to, loss of business, loss of profit or loss of opportunity resulting from the purchase of LE JARDIN RETROUVE products on the Website.
 GENERATION 3's liability under the obligations of these Terms and Conditions shall not be engaged in the event that the non-performance of its obligations is attributable to the act of a third party, even if foreseeable, to the customer's fault, or to the occurrence of an event of force majeure as defined by the French courts, or to any other event that was not reasonably under the exclusive control of GENERATION 3.
 The Products offered comply with current French, European and American legislation and with the standards applicable in the territories where the Products are marketed. GENERATION 3 shall not be held liable in the event of non-compliance with the legislation of the country where the product is delivered (for example, in the event of a product ban, etc.). It is your responsibility to check with the local authorities on the possibilities of importing or using the products you are considering ordering.
 The photographs are provided for illustrative purposes only. GENERATION 3 cannot be held responsible for any error or inaccuracy in the photographs or graphic representations of LE JARDIN RETROUVE products appearing on the Website. We invite you to refer to the description of each product to know the precise characteristics.
If you have any questions about the products, you can of course contact our Customer Service Department either by email at info@lejardinretrouve.com or by telephone at 33 (0)9 54 19 80 39.
Subject to the applicable regulatory provisions, the texts, photos, videos, data, posters, logos, trademarks and other elements present on the Sites are provided "as is", accessible according to the availability of the Sites and without any express or implicit guarantee on the part of GENERATION 3. Use of the Sites is at the user's own risk and under his or her sole responsibility. In particular, the use of hypertext links may lead Internet users to consult other servers in order to obtain the information sought, servers over which LE JARDIN RETROUVE has no control and does not intend to assume any risk regarding their content.
 GENERATION 3 makes its best efforts to ensure the reliability of the information contained on its Site. However, GENERATION 3 does not guarantee that :
         the Site, the content and the products offered will perfectly meet the expectations of users,
         the Site will be uninterrupted and free of any errors, that these interruptions or errors will be corrected,
         the Site will not contain any viruses.

12- Personal Data - Opposition list to telephone canvassing
Information and data concerning you are collected by GENERATION 3. This data is necessary for the management of your order and for our commercial relations. It may be transmitted to companies that contribute to these relations, such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to enable us to improve and personalize the services we offer you and the information we send you.
In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify and oppose any personal data concerning you. Simply write to us online at info@lejardinretrouve.com or by mail to GENERATION 3, 7 rue Fourcroy, 75017 Paris, France, indicating your last name, first name, e-mail address. In accordance with the regulations in force, your request must be signed and accompanied by a photocopy of an identity document bearing your signature and specify the address to which the reply should be sent. A reply will be sent to you within one month of receipt of the request.
Depending on your choices made when creating or consulting your account, you may receive offers and information from our company. If you no longer wish to receive such offers and information, you may request that we do so at any time by indicating this in your account.
If your telephone number is collected when creating your account or placing your order, we inform you that these telephone numbers will only be used for the proper execution of your orders or to contact you in order to offer you new services.
Without prejudice to the above, in accordance with the legal provisions, we inform you that you can register on the list of opposition to telephone solicitation. You can also register free of charge on this list, which is mandatory for all professionals except those with whom you have already concluded a contract.
 
13- Applicable law

The present general conditions of sale are governed and interpreted exclusively in accordance with French law.

For any claim, our customers must first contact GENERATION 3 - Customer Service 7 rue Fourcroy, 75017 Paris FRANCE ; We will do our best to resolve any disputes with the customer amicably. In accordance with article L-211-3 of the French Consumer Code, the customer is informed of the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or to any other alternative dispute resolution method.

All possible disputes will be under the exclusive competence of the jurisdictions of the Court of Appeal of Paris.