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General Terms and Conditions of Sale
Preamble
These general terms and conditions of sale are concluded between the company GENERATION 3 and any natural person acting as a consumer wishing to make a purchase on LE JARDIN RETROUVÉ’s website (the “Site”).
GENERATION 3 reserves the right to modify these general terms and conditions of sale at any time. They will apply from the date they are published on the Site.
1 – Ordering Terms
Identification
To place an order, you must log in with your email address and password. Creating an account on the website is a mandatory prerequisite to placing an order. This requires you to complete a registration form, providing information that is accurate, up to date and complete. You must regularly update this information to keep it accurate.
The user must choose a username consisting of a valid email address and a password, and must provide at least the following mandatory information: surname, first name, address and telephone number.
Account login details are strictly confidential.
Products
The products covered by these general terms and conditions of sale are those that appear on the Site. They are described and presented as accurately as possible, with an indication of their essential characteristics within the meaning of Article L. 111-1 of the French 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 of your order by ticking the box provided for this purpose. Failing this, the order cannot be placed.
You must carefully check the accuracy of your selection before confirming your order. You are informed that the order entails an obligation to pay.
Once the order has been validated, you must choose the delivery address and delivery method, and confirm your payment method; this final step formalizes the sales contract.
An order confirmation will be sent to you by email; this email contains, on the one hand, an acknowledgement of receipt of the registration of your order with a description of the products selected, the quantity, the price and the amount of shipping costs, together with the related payment, and on the other hand, the general terms and conditions of sale in the version you have accepted, thereby constituting proof of the order and of the contract concluded.
Confirming the order implies an obligation to pay the stated price.
Unless proven otherwise, the data recorded constitute proof of all transactions made.
The status of the order can be consulted at any time from your customer account accessible from the Website, access to which is protected by a password chosen by you. The information and details entered can be modified by you at any time; you can also access information relating to any previous orders.
For a gift order, you can include a message card of up to 200 characters.
Fraud prevention
GENERATION 3 reserves the right to refuse or cancel any order from a customer with whom there is a dispute relating to a previous order, or if it reasonably believes that this customer has breached these General Terms and Conditions or has 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 and price offers are valid as long as they are visible on the Site, while stocks last. In the event of a product becoming unavailable after you place your order, we will inform you by email or telephone as soon as possible, offering you either to order another item shown 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 already been debited.
Orders placed on the website are reserved for consumers. The resale or redistribution of products purchased on the website is strictly prohibited.
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 a single product in large quantities, in accordance with applicable provisions.
GENERATION 3 reserves the right to change at any time and without notice the products offered for sale on LE JARDIN RETROUVÉ’s website.
3 – Prices
Product prices are indicated in euros including all taxes for all countries to which we deliver.
Product prices are exclusive of delivery costs. The amount of delivery charges will be specified before you confirm your order.
GENERATION 3 reserves the right to change the prices of products offered on the website at any time and without notice. Products are invoiced on the basis of the prices displayed on the website at the time your order is placed.
The products remain the property of GENERATION 3 until full payment of the price has been received. However, you bear the risks (in particular the risk of loss, theft or damage) relating to the products delivered as from the actual delivery date, as evidenced by the delivery receipt or postal mark.
Our sales are on a DAP (Delivered at Place) basis: our prices do not include any possible import customs duties or taxes, which are the responsibility of the purchaser.
4 – Payment
Any order placed on the website must be paid for immediately at the time the order is placed.
We accept payment by bank card (Visa, Mastercard, American Express) and by PayPal.
Your order will only be dispatched after your means of payment has been checked and authorization to debit your card has been received.
Your bank card will only be debited when your order is shipped. If certain items ordered are unavailable, only the price of the products shipped will be debited.
An invoice detailing the amount of your purchases is included in each parcel.
GENERATION 3 uses SSL encryption to protect all data relating to personal information and means of payment. In all secure areas where the URL address begins with https:// (where the “s” stands for secure), information is encrypted and therefore protected before it is transferred over the internet.
For certain orders, you may be asked to proceed with authenticated and secure payment via the 3D Secure system (“Verified by Visa®” or “MasterCard® SecureCode”). In this case, you will need to enter the personal information requested by your bank in order to finalize your payment.
The information transmitted is fully encrypted and is neither stored nor shared.
5 – Delivery
Products purchased on the website [www.lejardinretrouve.com](https://www.lejardinretrouve.com) can be delivered to a postal address only 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:
South Africa, Algeria, Saudi Arabia, Argentina, Australia, Bahamas, Bahrain, Bolivia, Bosnia-Herzegovina, Brazil, Brunei, Cameroon, Chile, Colombia, South Korea, Costa Rica, United Arab Emirates, Ecuador, Georgia, Guadeloupe, Hong Kong, India, Indonesia, Israel, Jamaica, Jordan, Kuwait, La Réunion, Lebanon, Macao, North Macedonia, Malaysia, Morocco, Martinique, Mexico, Moldova, Montenegro, New Caledonia, New Zealand, Oman, Peru, French Polynesia, Puerto Rico, Qatar, Serbia, Singapore, Taiwan (China), Thailand, Tunisia, Turkey, Uruguay, Venezuela, Vietnam.
It is not possible to place an order for any delivery address located outside these territories.
Your order will be shipped to the delivery address you indicated when placing your order.
Other types of orders are delivered according to the indicative shipping times below:
Mainland France: between 3 and 5 working days.
European countries: between 3 and 5 working days depending on the country.
North America: between 3 and 5 working days.
Japan: 8 working days.
Rest of the world: 9 working days.
If delivery is delayed by more than 7 days beyond these time frames, you have the option to cancel your order or grant us an additional period to deliver, in accordance with legal provisions. In the event of cancellation, and if you receive the product after your order has been cancelled, we will refund the product and the return costs within 14 days of our receipt of the product, complete and in its original condition.
For reasons including security, GENERATION 3 will not process any order where poste restante, a P.O. box, a university residence address or a Cedex address is provided.
GENERATION 3 reserves the right to split deliveries. Your credit or payment card will be debited accordingly, in line with the price of the products actually delivered.
6 – Delivery issues
Any failure or delay in delivery of more than seven (7) days must be reported to our Customer Service as soon as possible.
Risk in the products sold is transferred when the products are handed over to the carrier. You must check the conformity of the goods at the time of delivery and, where possible, note any anomalies observed (open package, damaged product, etc.) on the delivery slip in the form of handwritten reservations accompanied by your signature. You must then contact Customer Service within three (3) days of delivery (or within ten (10) days of delivery if the carrier cannot prove that the consumer was given the opportunity to check that the products were in good condition), by email or telephone at contact@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 Customer Service by phone or by email at contact@lejardinretrouve.com or by telephone on +33 (0)9 54 19 80 39.
8 – Right of withdrawal
In accordance with applicable legal provisions, you have a period of 14 full calendar days from receipt of your products to exercise your right of withdrawal without having to give any reason or pay any penalty, in accordance with Articles L.221-8 et seq. of the French Consumer Code.
In the case of split deliveries, the withdrawal period runs from the date of the last delivery.
You must inform GENERATION 3 of your decision to withdraw before the expiry of the 14-day period, either by using the online form on this website or by sending any other unambiguous statement expressing your wish to withdraw.
If you exercise your right of withdrawal within the aforementioned period, the price of the product(s) purchased will be refunded in full; return shipping costs remain at your expense.
Returns must be made in their original, complete condition (packaging, accessories, instructions, etc.) so that they can be resold as new, and must be accompanied by a copy of the purchase invoice for optimal processing.
In accordance with applicable regulations, the right of withdrawal cannot be exercised for products unsealed by the customer or products that have been personalized at your request.
You may return any product ordered on the website to request an exchange or refund in accordance with the conditions provided for a delay of more than 7 days after the indicative delivery date or under the right of withdrawal.
Products must be returned or sent back without undue delay and at the latest within fourteen (14) days from the date you notify us of your decision to withdraw.
Direct return costs remain at your expense.
The refund of returned products will be made within fourteen (14) calendar days from the date on which we receive the products returned by you.
The right of withdrawal does not apply, in accordance with legal provisions, to consumable products that have been opened and/or used, products whose protective seals have been broken, or products or product packaging that has been damaged so as to prevent resale.
For legal reasons relating to transport, the return of these alcohol-based products 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 the event of a return due to a defective or damaged product on delivery, the customer must ensure that the bottle is still sealed (if not, please contact our Customer Service).
You can then return your parcel by carrier to the following address: GENERATION 3 – Retour Internet, 7 rue Fourcroy, 75017 Paris – France.
In the case of an exchange (other than for a product received as a gift):
– if the price of the replacement product(s) you choose is higher than the price of the returned product(s), you must pay the difference in accordance with these General Terms and Conditions of Sale,
– if the price of the replacement product(s) you choose is lower than the price of the returned product(s), the difference will be refunded to you 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, shipping costs for the second shipment are charged.
We do not offer any refund, even partial, if you received the product as a gift.
8 – Statutory warranties – warranty exclusions
In accordance with applicable legal provisions, we will refund or exchange defective, non-compliant products or products that do not match your order.
Products sold on the website are subject to the statutory warranties provided by Articles L 211-4, L 211-5 and L 211-12 of the French Consumer Code and by Articles 1641 and 1648 of the French Civil Code:
Article 1641 of the Civil Code: the seller is bound by the warranty for hidden defects in the item sold which render it unfit for its intended use, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, had they known of the defects.
Article 1648 of the Civil Code: an action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged from apparent defects.
Article L211-4 of the Consumer Code: the seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation, where the latter has been made his responsibility under the contract or has been carried out under his responsibility.
Article L211-5 of the Consumer Code: to be in conformity with the contract, the goods must:
Be fit for the use ordinarily expected of similar goods and, where applicable: correspond to the description given by the seller and possess the qualities that the seller has held out to the buyer as a sample or model; present the qualities that a buyer can reasonably expect given 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 fit for any special use sought by the buyer, made known to the seller and accepted by him.
Article L211-12 of the Consumer Code: an action resulting from lack of conformity is time-barred after two years from delivery of the goods.
9 – Intellectual property
The website is protected by copyright. Use of all or part of the Site, in particular by downloading, reproduction, transmission or display on any medium and by any process, for purposes other than personal and private non-commercial use is strictly prohibited.
Company names, trademarks and distinctive signs reproduced on the website are also protected under trademark law. Reproduction or representation of all or part of any such sign must be authorized in writing in advance.
In general, 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 intellectual property rights accessible on the Site 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 exclusively reserved for strictly personal and private use.
10 – Limitation of liability
Under no circumstances shall GENERATION 3 be liable for any indirect, incidental, special or consequential damage, including, without limitation, loss of business, loss of profit or loss of opportunity arising from the purchase of LE JARDIN RETROUVE products on the website.
GENERATION 3’s liability under these Terms may not be incurred where non-performance of its obligations is attributable to the act of a third party, even if foreseeable, to the fault of the customer, or to the occurrence of an event of force majeure as defined by French courts, or to any other event not reasonably within the exclusive control of GENERATION 3.
The products offered comply with current French, European and US legislation and with the standards applicable in the territories in which the products are marketed. GENERATION 3 cannot 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 being banned). It is your responsibility to check with local authorities about the possibility of importing or using the products you intend to order.
Photographs are provided for illustrative purposes only. GENERATION 3 cannot be held liable for any errors or inaccuracies in the photographs or graphic representations of LE JARDIN RETROUVE products shown on the website. We invite you to refer to each product description for its precise characteristics.
If you have any questions about the products, you can of course contact our Customer Service either by email at contact@lejardinretrouve.com or by telephone on +33 (0)9 54 19 80 39.
Subject to applicable regulations, the texts, photos, videos, data, posters, logos, trademarks and other elements on the Sites are provided “as is”, accessible according to Site availability and without any express or implied warranty from GENERATION 3. Use of them is at users’ own risk and under their sole responsibility. In particular, the use of hyperlinks may lead users of the Site to consult other servers to access the information sought, servers over which LE JARDIN RETROUVE has no control and for which it does not intend to assume any risk as to their content.
GENERATION 3 makes every effort to ensure the reliability of the information contained on its Sites. However, GENERATION 3 does not guarantee that:
– the Site, its content and products will fully meet users’ expectations,
– the Site will be uninterrupted or error-free, or that such interruptions or errors will be corrected,
– the Site will be free of viruses.
12 – Personal data – telephone marketing opt-out list
Information and data about you are collected by GENERATION 3. This data is necessary for the management of your order and our commercial relationship. It may be transmitted to companies that contribute to this relationship, such as those responsible for executing services and orders for their management, fulfilment, processing and payment.
This information and data is also kept for security purposes, to comply with legal and regulatory obligations, and to enable us to improve and personalize the services we offer and the information we send you.
In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, rectify and object to personal data concerning you. You can exercise this right by writing to us online at contact@lejardinretrouve.com or by post to GENERATION 3, 7 rue Fourcroy, 75017 Paris, France, indicating your surname, first name and email address.
In accordance with current regulations, your request must be signed and accompanied by a photocopy of an identity document bearing your signature, and must specify the address to which the reply should be sent. A reply will then be sent to you within one month of receipt of your request. Depending on the choices you made when creating or viewing your account, you may receive offers and information from our company. If you no longer wish to receive them, you can request this at any time by changing your account preferences.
If your telephone number is collected when you create your account or place your order, we inform you that this telephone number will only be used to ensure the proper execution of your orders or to contact you in order to offer you new services.
Without prejudice to the above, and in accordance with legal provisions, we inform you that you may register on the national opt-out list for telephone marketing. You may also register free of charge on this list, which is binding on all professionals, except those with whom you already have a contract.
13 – Applicable law
These general terms and conditions of sale are governed by and interpreted exclusively in accordance with French law.
For any complaint, 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, in the event of a dispute, of having recourse to a conventional mediation procedure or any other alternative dispute resolution method.
Any disputes will fall within the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal.