1.1 The website Jardin-et-moi.com (hereinafter referred to as the "Site") is published by the micro-entrepreneur Ms. Motyl Karina, identified under registration number SIREN 923 218 051, with registered office located at 5 Valleé de Saint-Sulpice, 28410 Saint-Lubin-de-la-Haye, France, and operating under the trade name " Jardin&Moi " (hereinafter referred to as " Jardin&Moi ").
1.2 These general terms and conditions of sale (hereinafter referred to as the "GTC") aim, on the one hand, to establish the rules for the use of the Site by any person visiting it (hereinafter referred to as the "User") and, on the other hand, to govern the contractual relationship between Jardin&Moi and any User who creates an account on the Site in order to place orders with Jardin&Moi (hereinafter referred to as the "Client").
2.1 By browsing the Site, each Visitor agrees to comply with the current GTC without any reservation. It is therefore recommended that the User, before using the Site, consult the latest version of the GTC published on the Site.
2.2 All elements present on the Site, including images, photographs, texts, logos, documents, and others, are protected by intellectual property rights. Consequently, the User agrees not to reproduce or use these elements without prior authorization from Jardin&Moi, except for the needs of using the Site.
3.1 In order to make a purchase at Jardin&Moi, each Visitor must create an account on the Site (hereinafter referred to as the "Account") and thus become a Client of Jardin&Moi.
3.2 The creation of an Account requires an explicit acceptance of these General Terms and Conditions of Sale and is carried out by completing the registration form with various personal information, including an email address, and by selecting a secure password.
3.3 The Client undertakes to ensure the accuracy and timeliness of the information provided during registration on the Site.
3.4 The Client is responsible for maintaining the confidentiality of his password to prevent unauthorized use by third parties. In case of disclosure of the password to a third party, the Client shall be responsible for any violation of these GTC committed by this third party. Any use of the Site via a Client's Account, including any order placed through this Account, is deemed to be made by the Client. Jardin&Moi declines any responsibility for any loss or damage incurred due to the Client's failure to comply with its confidentiality obligations.
4.1 Jardin&Moi invites you to discover its selection of unique items, now called "Unique Pieces." These Unique Pieces include a variety of objects such as candles, vases, dried flowers, or others (hereinafter referred to as "Distinct Objects"), plants (hereinafter referred to as "Unique Plants"), and floral arrangements (hereinafter referred to as "Unique Bouquets"), offered for sale on our Site.
4.2 Each Unique Piece is accompanied by a detailed product sheet, offering you a complete description of its characteristics, its price including all taxes, and its availability. Jardin&Moi undertakes that the images of the Unique Pieces reproduced on the Site faithfully reflect reality.
However, we would like to specify that although we do our best to ensure a perfect match between these images and the Unique Pieces offered, especially regarding color nuances, this may sometimes vary. Therefore, we strongly recommend that you refer to the product sheet for accurate information on each Unique Piece. Moreover, since each plant and flower is unique, we cannot guarantee that the Unique Plant or Unique Bouquet delivered will be identical to the one presented on the Site.
4.3 The offers of Unique Pieces and their prices are valid as long as they are available online on our Site, unless otherwise indicated on the product sheet. If a Unique Piece becomes unavailable at the time of validating your order, we will inform you immediately and may offer you a similar alternative.
It is important to note that you are not obliged to accept the replacement of the originally ordered Unique Piece with another one. Thus, if you refuse the proposed alternative, no amount will be debited from your account, and you will be refunded any amount deducted for the unavailable Unique Piece.
5.1 The payment for all Items presented on the Site can only be made on the Site itself, directly by the Client and via credit card.
5.2 The payment methods accepted by Jardin&Moi are as follows: "VISA," "AMERICAN EXPRESS," and "MASTERCARD."
6.1 Under Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for the purchase of products with a limited lifespan, such as Unique Bouquets and Unique Plants. Thus, once the Client has finalized the order of a Unique Bouquet or Unique Plant, they are no longer able to cancel this specific purchase and remain obligated to pay its price.
6.2 Regarding Associated Products, since they are additions to the initial purchase, the Client has no right of withdrawal.
6.3 If the Associated Product has not yet been used and the Client wishes to obtain a refund of the amount paid for this Product at the time of purchase, they can return the Product to Jardin&Moi, in new condition and in its original packaging, without undue delay and at the latest within 14 working days following the date of notification, to Jardin&Moi, of their decision to withdraw, bearing the direct return costs.
7.1 Shipping Methods. The distribution of all items offered for sale by Jardin&Moi on the Site (the "Items") is organized according to the rules and deadlines corresponding to the shipping method selected by the Client at the time of purchase among the delivery options suggested by Jardin&Moi based on the type of Item ordered (perishable or non-perishable), the destination address provided by the Client or the Recipient, and the desired date by the Client.
7.2 Delivery Region. The distribution of Items is strictly limited to the city of Paris and its surroundings. The delivery areas are defined below.
7.3 Destination. Depending on the delivery choice made by the Client, the Items are shipped either to the address indicated by the Client or the Recipient on the Site, via their Account, or to the collection point selected by the Client or the Recipient on the Site, via their Account. For individual Items, the Client can modify the delivery address for any order, provided that this modification is communicated to Jardin&Moi at least 4 (four) working days before the initially scheduled delivery date.
7.4 Reception Date. For individual Items, the Client selects the reception date on the Site, via their Account, at the time of purchase among the dates proposed by Jardin&Moi based on the available delivery options. This date can be modified by the Client for any order, provided that this modification is communicated to Jardin&Moi at least 4 (four) working days before the initially scheduled delivery date.
7.5 Shipping Costs. For individual Items, shipping costs are borne by the Client. The amount of delivery fees depends on the shipping method chosen by the Client among the options offered by Jardin&Moi and is indicated at the time of purchase.
7.6 Absence. The Client or the Recipient must ensure that the Items can be collected at the chosen delivery address on the agreed date. The terms in case of absence depend on the shipping method chosen by the Client.
7.7 Delivery Problems attributable to the Client/Recipient. Jardin&Moi cannot be held responsible for delivery problems, damage to Items, or loss of Items if these incidents result from errors or inaccuracies in the coordinates provided by the Client or the Recipient, or in the absence of the person responsible for receiving the Items at the delivery address. In particular, for Surprise Boxes, Unique Items, and Unique Plants, if during delivery to a collection point, the Surprise Box, Unique Item, or Unique Plant has not been collected within 24 hours following its delivery or if, due to a delivery problem attributable to the Client or the Recipient, the carrier could only make the delivery the day after the initially scheduled date, Jardin&Moi cannot be held responsible for any defect or damage to the Surprise Box, Unique Item, or Unique Plant beyond 24 hours from the first passage of the carrier.
7.8 Delivery Problems not attributable to the Client/Recipient. If the Client or the Recipient notices delivery problems with an Item, they must inform Jardin&Moi within 2 (two) working days from the date of delivery of the Item to their home or to the selected collection point, so that Jardin&Moi has the necessary time to file a claim with the carrier. If the delivered Item is damaged, the Client may request the replacement of the Item or the refund of its price (at the choice of the Client and within the limits of available stocks) by returning the relevant Item to Jardin&Moi, accompanied by photos justifying the damage.
8.1 Ensure Legal Compliance. In accordance with the provisions of Articles L. 217-4 to L. 217-14 of the Consumer Code, the Client benefits from a legal guarantee of conformity.
Thus, if the items delivered do not correspond to their description on the Website or in these general terms and conditions, the Client can:
Likewise, regarding unique plants and individual bouquets, the Client acknowledges that each plant and each flower being unique, it cannot be guaranteed that the unique plant or individual bouquet delivered will be identical to the one whose image is presented on the website, as mentioned in article 8.2 above.
8.2 Legal Guarantee against Hidden Defects. In accordance with the provisions of Articles 1641 to 1649 of the Civil Code, the Client also benefits from a legal guarantee against hidden defects. Thus, if the products contain hidden defects making them unsuitable for the use for which they are intended, or reducing this use so much that the Client would not have acquired them, or would have given them a lower price if they had known about them, the Client can:
8.3 Commercial Guarantee. As an alternative to the repair measures provided for under the legal guarantees mentioned in paragraphs 1 and 16.2 above, Jardin&Moi may offer its clients, in case of proven non-compliance and/or hidden defects affecting a product and at its discretion, to offer them a credit note for an amount equivalent to the price of the product concerned, which could be used by the client for any future order placed on the website;
8.4 Implementation of Guarantees. Upon receipt of a product, the client or the recipient must check the condition of the packaging of this product. If the client or the recipient notices the possibility of deterioration of the product, they must inform the carrier. All claims under the guarantees mentioned in this article 16 must be addressed to Jardin&Moi as soon as possible upon discovery of the non-compliance or hidden defects of a product at the following email address: [email protected]. These claims must be accompanied by photos justifying the non-compliance/defect reported.
Regarding more specifically individual bouquets and unique plants, given their perishable nature, claims must be brought to the attention of Jardin&Moi within 2 (for unique plants) and 3 (for individual bouquets) calendar days from the date of delivery to the chosen delivery address or to the relay point.
No replacement or refund of a product can be made by Jardin&Moi before it receives, from the client, the aforementioned probative photos and, regarding non-perishable products, such as associated accessories or unique items, the non-compliant or defective product, in order to allow Jardin&Moi to verify the reported non-compliance or defects. The return costs of the non-compliant or defective product are covered by Jardin&Moi.
Given the perishable nature of individual bouquets and unique plants, Jardin&Moi does not require the client to return the individual bouquet or unique plant in question.
9.1 In the context of the proposal for sale and sale of Items via the Site, Jardin&Moi manages the private data of Users and Clients according to the Privacy Policy accessible on the Site.
10.1 Cancellation. If one or more clauses of these GTC were to be invalidated due to a rule of law or a law in force, they would be deemed invalid, without affecting the validity of the other clauses of the GTC. The invalid clauses would be replaced by other clauses aimed at producing economic and legal effects similar to those of the original clause. The Client affirms to be fully of legal age and able to enter into a contract.
10.2 Proof. In accordance with article 1356 of the Civil Code, the Client and Jardin&Moi (hereinafter referred to as the "Parties") have chosen the applicable means of proof between them. In this respect, the Parties agree that documents and electronic exchanges between them have the same value as those drawn up on paper and signed manually.
10.3 Force Majeure. None of the Parties shall be held responsible for the non-performance, delay, or improper performance of its obligations under these GTC in the event of force majeure, which is interpreted in accordance with French common law. No compensation or refund can be claimed by one Party from the other due to such events.
10.4 Applicable Law and Competent Court. These GTC are governed by French law. Any dispute relating to the interpretation and/or performance of these GTC falls within the exclusive jurisdiction of the French courts.
10.5 Consumer Mediator. As a consumer, the Client has the right to free recourse to a consumer mediator in the event of a dispute with Jardin&Moi that could not be resolved amicably. Jardin&Moi has designated the Consumer Mediation Center of Conciliators of Justice as a mediator. Thus, in the event of a dispute not resolved amicably between the
Client and Jardin&Moi, the Client may contact this mediator on the website cm2c.net/declarer-un-litige.php.