CONDITIONS OF USE OF THE WEBSITE AND GENERAL CONDITIONS OF SALE
The website https://www.herbarium.fr (hereinafter the "Website") is operated and published by HERBARIUM, a one-person simplified joint stock company with a capital of 20,000 euros, whose registered office is located at 1 Rue Jean CARASSO - 95870 BEZONS (hereinafter "HERBARIUM SASU"), whose identification number is 829 865 179 RCS Paris and whose intra-community VAT number is FR 48 829 865 179
The present conditions of use of the Website (hereafter the " Conditions of use ") and general conditions of sale (hereafter the " General Conditions of sale ") define the rights and obligations of the users of the Website (hereafter the " User " or the " Users ") and of the clients of HERBARIUM SASU, defined as any moral or physical person purchasing the products, including in particular potted plants and scented candles, offered for sale by HERBARIUM SASU on its Internet Site (hereafter the " Products ") and/or by its possible partners (hereafter the " Clients " or the " Client "), whatever the contrary clauses that may appear in their documents of any nature, over which they prevail.
All sales made with HERBARIUM SASU imply the Client's full and unreserved adherence to the Conditions of use of the Internet Site and to the General Conditions of sale, which can be freely consulted on the Internet Site and may be supplemented by special conditions of sale.
Access to the Website is reserved for any User who certifies that he/she is of legal age in his/her country, state or province of residence, or that he/she has given his/her consent to allow any person of minor age dependent on him/her to use the Website.
Article 2 - Accuracy of information provided on the Website
All the information and content (texts, descriptions, videos, sounds, photographs, etc.) published on the Website (hereafter the "Content") are provided to Clients for information purposes only.
In the event that the Content is not accurate or no longer up to date, HERBARIUM will make the necessary corrections as soon as possible. As the Content published on the Website is provided for information purposes only, HERBARIUM cannot be held responsible for any damage or prejudice suffered by the Client or any third party that may result from its inaccuracy or obsolescence.
Article 3 - Hypertext links
The Website may include hypertext links that may redirect the User to third party websites that are not affiliated with HERBARIUM SASU.
HERBARIUM SASU is not required to examine or evaluate the content or accuracy of these websites and does not guarantee or assume any responsibility for any content, website, products, services or any other elements accessible from these hyperlinks and on these third-party websites.
HERBARIUM SASU cannot be held responsible for any damage or prejudice suffered by the User or any third party that may result from the use of hypertext links or any other third party element that may appear on the Website.
Article 4 - Personal data - Compliance with applicable regulations
Within the framework and for the needs of the supply of its Products, HERBARIUM SASU is brought to collect and treat data of a personal nature in the capacity of person in charge of treatment.
In particular, to ensure the treatment of his order, the Client must communicate to HERBARIUM SASU a set of information which can, for some, constitute data of a personal nature. This information is collected when the order is placed.
In particular, to ensure the treatment of his order, the Client must communicate to HERBARIUM SASU a set of information which can, for some, constitute data of a personal nature. This information is collected when the order is placed.
HERBARIUM SASU undertakes to do everything possible to ensure the security and confidentiality of the personal data collected and, in particular, to :
- to keep only the data really required to accomplish its missions,
- to authorise the internal sharing of this data only in the sole interest of the Client,
- definitively delete all the data collected and produced for the Customer, within a maximum period of 6 months following the order.
The information collected by BYCHARLOT SAS is neither resold nor communicated to third parties except with the prior consent of the Customer. Any infringement or violation of the present General Terms and Conditions of Sale and Use will result in the immediate termination of your Services.
Article 5 - Cookies
The correct operation of the Internet Site and the services proposed by HERBARIUM SASU implies the installation of cookies in the computer of the User at the time of his connection in order to record information relating to navigation (pages consulted, date and time of the consultation, etc.) and their identity.
Article 6 - Responsibilities
6.1. HERBARIUM SASU, which is bound by an obligation of means, undertakes to do its utmost to ensure access to and the correct functioning of its Internet Site in order to present and supply its Products in a continuous manner.
As the functioning of the Website depends on numerous technical, technological and other parameters, HERBARIUM SASU cannot exclude the possibility that it may be interrupted, notably in the event of force majeure, failure of its host, malfunctioning of the User's computer equipment, malfunctioning of the Internet network, bugs or viruses or maintenance operations intended to improve the Website.
HERBARIUM SASU reserves the right to modify or interrupt, temporarily, the accessibility of its Website, notably for maintenance reasons, without prior notice or compensation, even if, as far as possible, HERBARIUM SASU will inform the Client and the User before such an operation.
In the same way, HERBARIUM SASU reserves the right to make all modifications and improvements to the Website that it deems necessary or useful within the framework of the correct functioning of its services.
Without this list being restrictive, HERBARIUM SASU cannot be held responsible, for any reason whatsoever, for any direct or indirect prejudice or damage suffered or incurred by the Client, the User or any third party, particularly due to constraints linked to the host, such as maintenance, having repercussions on the accessibility of the Website, the use or impossibility of using the Website, loss of data and/or customers, loss of earnings, damage to brand image or any other commercial disturbance, communication, erroneous information, loss of use of any hardware or software, technical failures of the server hosting the Website, fraudulent behaviour or fault on the part of the Customer or the User, cancellation of payment or revocation of direct debit authorisation at the Customer's initiative, malicious intervention, telephone or internet connection problems, viruses, bugs, hijacking or computer hacking, problems of compatibility with a particular configuration and/or hardware, problems with the time taken to put the site online, destruction of information provided by the Customer, software or hardware malfunctions, failure or shortcomings of its partners, and shall not be held responsible for malfunctions linked to the use of additional software.
In any case, the responsibility of HERBARIUM SASU can only be engaged, except in cases where the law specifies different modalities, in the case of demonstration by the Client or the User of a fault which will have been the direct and exclusive cause of the prejudice suffered and proven by the Client or the User.
In this case, under penalty of being refused coverage of the claim by HERBARIUM SASU, whatever the responsibility of the latter, the Client or User must, within 48 hours of the date on which he/she became aware of the said claim, except in the case of unforeseen circumstances or force majeure, notify HERBARIUM SASU by registered mail sent to its head office located at 1 Rue Jean CARASSO - 95870 BEZONS, or by e-mail at: email@example.com.
In any case, the maximum amount of the sums for which HERBARIUM SASU could be liable for any reason whatsoever cannot exceed the amounts guaranteed by its insurance.
6.2. When using the Website, the User will endeavour to comply with all national and European laws and regulations and will use the Website in strict accordance with its technical specifications. The User is prohibited from using the Website or its content (a) for illegal purposes; (b) to induce others to do or take part in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or the intellectual property rights of third parties; (e) harass, abuse, insult, hurt, defame, slander, libel, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated, independent, or Internet web site; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, any other website, or the Internet.
In all cases, the User undertakes to guarantee, indemnify and relieve HERBARIUM SASU, without limitation of amount, against any claim or action by any natural or legal person against HERBARIUM SASU, as well as the direct or indirect consequences, financial or otherwise, which may result from the use of the Website and the services of HERBARIUM SASU.
In the case of fraud characterized within the framework of the use of the Internet Site by the User, HERBARIUM SASU authorizes itself to communicate all the necessary information to the competent organizations in charge of the repression of the aforementioned frauds and infringements.
II/ GENERAL CONDITIONS OF SALE
Article 7 - Purpose and scope of the General Terms and Conditions of Sale
Article 8 - Availability and enforceability of the General Conditions of Sale
The General Terms and Conditions of Sale are made available to the Clients on the Internet Site where they can be consulted directly, and can also be communicated to them on simple request by mail addressed to the head office of HERBARIUM SASU located at 1 Rue Jean CARASSO - 95870 BEZONS, or by e-mail at: firstname.lastname@example.org
The General Terms and Conditions of Sale are binding on the Client, who acknowledges, by ticking a box provided for this purpose on the Website, or by signing the Order Form for legal entity Clients, that he/she is aware of them and accepts them before placing the Order.
Confirmation of the Order by the Client on the Web Site, in accordance with the double-click procedure, or by signing the Order Form for legal entity Clients, implies the Client's full and complete acceptance of the General Terms and Conditions of Sale in force on the day of the Order, which HERBARIUM SASU is responsible for preserving and reproducing in accordance with article 1127-2 of the French Civil Code.
Article 9 - Products
9.1. Characteristics :
The Products offered for sale on the Internet Site are each the object of an optional description established by HERBARIUM SASU mentioning their essential characteristics within the meaning of article L. 111-1 of the consumer code.
HERBARIUM SASU makes every effort to display the characteristics (colours, images, dimensions, etc.) of its Products as clearly as possible on its Internet Site, but cannot guarantee their strict fidelity, notably due to the computer equipment used by the Client and the display that may result.
HERBARIUM SASU reserves the right to modify or delete at any time, without prior notice or information to the Client, any Content published on its Internet Site. All the Contents, including in particular the photographs, illustrating the Products are not contractual.
9.2 Instructions for use: The instructions for use of the Product, if they are essential, are mentioned on the Website or communicated to the Customer at the latest upon delivery.
9.3. Compliance: The Products comply with the legal requirements of French law in force relating to the safety and health of persons, fair trading and consumer protection at the time they are placed on the market.
9.4. Availability of stocks: The Products are offered and/or delivered by HERBARIUM SASU within the limits of available stocks. In case of unavailability of the ordered Products, HERBARIUM SASU will immediately inform the Client and can propose a Product of an equivalent quality and price or, failing that, a voucher for the amount of the order that can be used for any future order.
If the Client does not agree, HERBARIUM SASU will reimburse the sums paid within two (2) months. Apart from the reimbursement of the price of the unavailable Product to the Client, HERBARIUM SASU is not obliged to pay any compensation for cancellation.
HERBARIUM SASU reserves the right, but is not obliged to do so, to limit, on a case by case basis if necessary, the sales of certain of its products or services to any person, and in any geographical region or jurisdiction, as well as the quantities of its products or services.
Article 10 - Offer
10.1. Area: The online sales offers presented on the Website are reserved for Customers residing in France and/or in a member country of the European Union and for deliveries in these same geographical areas.
10.2. Duration: The online sales offers presented on the Website are valid, in the absence of any specific indication of duration, as long as the Products are included, within the limits of available stocks.
10.3. Acceptance: The Customer's acceptance of the offer is validated by the confirmation of the online Order in accordance with the double-click procedure, or by the signature of the Order Form by the Customer as a legal entity.
Article 11 - Order
11.1. Accuracy of information : The Client, who certifies that he/she is of legal age in his/her country, state or province of residence, or that he/she has given his/her consent to allow any minor to use the Website, undertakes to provide HERBARIUM SASU with all the information necessary to benefit from the HERBARIUM SASU Products offered on the Website, and notably his/her full name or corporate name for legal entities, telephone number, e-mail address and postal address, which must be accurate, complete, true and up-to-date.
In the event that the Client provides false, inaccurate, outdated or incomplete information, HERBARIUM SASU reserves the right to suspend the Order being processed or to cancel it without delay or prior notification to the Client.
11.2. To place an order, the Client, after having provided information relating to his/her identity, delivery and method of payment and filled his/her virtual basket indicating the products selected and the quantities desired, then double-clicks on the "Order" button to validate his/her purchase.
Before clicking on the "Confirm Order" button, the Customer may check the details of his/her Order and its total price and return to the previous pages to correct any errors or modify his/her order.
HERBARIUM SASU will send an e-mail to the Client as soon as possible confirming receipt of the order and payment.
11.3 Ordering steps for legal entity Clients: To place an order, the legal entity Client can go to the page dedicated to companies (https://www.herbarium.fr/pages/business) and/or send an email to the address email@example.com to be contacted by a HERBARIUM SASU employee.
Following this interview during which the Client will specify his needs, HERBARIUM SASU will send him a summary estimate of the order, as well as an Order Form containing a detailed description of the Products, their price including expenses, the terms and conditions and the delivery times, and to which the Conditions of use and the General Conditions of Sale are attached.
HERBARIUM SASU will only be bound by the Order once the Client, a legal entity, has signed the Order Form, the Conditions of Use and the General Terms and Conditions of Sale, which must be returned to HERBARIUM SASU by post to its registered office located at 1 Rue Jean CARASSO - 95870 BEZONS or by e-mail to firstname.lastname@example.org
11.4 Dimensions :
HERBARIUM SASU undertakes to respect the packaging and dimensions provided as an indication on the Internet Site at the time of the Orders of the Products concerned as far as possible. The potted plants or any other plants offered for sale being alive, they can present differences from one product to another on the same variety.
11.6 Confirmation and validation of the Order :
Confirmation of the Order by the Customer on the Web Site using the double-click procedure, or by signing the Order Form by the Customer as a legal entity, shall be deemed to be pure and simple acceptance of the personalisation of the Product by the Customer.
By confirming the Order, the Client, a legal entity, certifies that all the information he/she has communicated to HERBARIUM SASU is true and accurate.
HERBARIUM SASU reserves the right to refuse any Order for legitimate reasons, notably if the quantities of Products ordered are abnormally high for Clients who are consumers.
In the case of fraud (falsification, concealment, etc.) or suspicion of fraud, HERBARIUM SASU reserves the right to communicate all necessary information to the competent organisations in charge of fighting against fraud.
11.7 Order modification :
Any modification of the Order by the Client after confirmation is subject to acceptance by HERBARIUM SASU who reserves the right to refuse the modification requested by the Client.
HERBARIUM SASU reserves the right to modify the Product ordered in line with technical developments, in accordance with the conditions set out in article R. 212-4 of the French Consumer Code.
Article 12 - Contract
12.1. Conclusion: The sales contract is formed at the time of confirmation of the Order by the Customer (hereinafter the "Contract").
12.2. Archiving and proof : Communications and invoices are archived on a reliable and durable medium so as to constitute a true and durable copy in accordance with Article 1360 of the Civil Code. These communications and invoices may be produced as proof of the Contract.
12.3. Resolution :
The Order may be cancelled by the Customer by registered letter with acknowledgement of receipt or by a written document on another durable medium in the event of:
- delivery of a Product that does not comply with the declared characteristics of the Product ;
- delivery exceeding by more than 15 calendar days the delivery date provided as an indication to the Client at the time of the Order or, in the absence of such a date, within thirty days of the conclusion of the Contract, after HERBARIUM SASU has been requested to carry out the delivery within a reasonable additional period;
- A price increase that is not justified by a technical modification of the product imposed by the public authorities.
The order can be cancelled by HERBARIUM SASU in the event of :
- Refusal of the Client to take delivery of the Product;
- Non-payment of the price at the time of delivery of the Product.
The cancellation of the Order will be pronounced by simple registered letter with request for acknowledgement of receipt or by electronic letter and will be acquired by right without legal formality.
Article 13 - Prices and billing
13.1. Sale prices: In accordance with Article L. 112-1 of the French Consumer Code, the sale prices for each of the Products listed on the Web Site are indicated in euros, inclusive of all taxes, and do not include delivery and transport costs, which are mentioned before the Order is validated and invoiced in addition where applicable.
The total amount due by the Client is indicated on the Order confirmation page or on the Order Form for the Client as a legal entity. In the event of a promotion, HERBARIUM SASU undertakes to apply the promotional price to any Order placed during the promotional period and the duration of the related advertising.
13.2 Modification : HERBARIUM SASU reserves the right to modify its prices at any time, whilst guaranteeing the Client the application of the price in force on the day of the Order.
13.3 Costs : Any additional costs of transport, delivery or postage, of which the Client may have been made aware before the order, are to be borne by the Client. Costs that cannot be reasonably calculated in advance are also payable.
13.4. Invoicing: HERBARIUM SASU invoices are sent to the Client by e-mail in electronic format. The Client must therefore have access to the Internet and have a valid e-mail address. It is the Client's responsibility to inform HERBARIUM SASU of any modification to his e-mail address in order to receive his electronic invoice by e-mail. The electronic invoice will be the legal document justifying the call for payment issued by HERBARIUM SASU.
The Client has the possibility, on request, to opt for a paper invoice which will be sent by post.
Article 14 - Payment
14.1 Payability : The price, including VAT, plus transport costs is payable in full after confirmation of the Order.
With the exception of sums paid which are reimbursed if the Product ordered is unavailable under the conditions set out in Article 9.4 of the General Terms and Conditions of Sale, any sum paid in advance of the price shall generate interest at the legal rate on the expiry of a period of three months from the date of payment until delivery of the Product or, failing this, the return of the sum paid at the time of the Order.
For the natural person Client, the payment of the totality of the price is carried out immediately with the Order by bank card via HERBARIUM's secure online payment system, by direct debit, or bank transfer. For the legal entity client, payment is made by credit card via HERBARIUM's secure online payment system, by direct debit, or bank transfer. The Client will have to pay an initial deposit of 40% of the total price including all taxes and charges at the time of the Order, then the balance of the price upon delivery of the Products.
The Client may not use any claim against HERBARIUM SASU to delay payment of the Product(s) ordered, or to claim compensation or indemnification.
14.2. Additional payment: Prior to the conclusion of the sales contract, HERBARIUM SASU ensures the express consent of the client for any additional payment that is added to the price of the main object of the contract. In the event that the additional payment is the result of the Client's consent given by default, i.e. in the absence of express opposition on the part of the Client to paying options that he/she has not requested, the Client can claim reimbursement of the sums paid for this additional payment.
14.3. Late payment: Any sum not paid on the due date is liable, without formal notice, to late payment interest calculated on the basis of three times the legal interest rate on the amount of the outstanding price, including VAT, notwithstanding any payment deadlines or payment schedules that may have been granted to the Customer before his default.
14.4. Default of payment: HERBARIUM SASU reserves the right, when the price is not paid in full on the due date, either to request the execution of the sale, or to terminate the Contract by registered letter with acknowledgement of receipt and to retain, as compensation, any deposit paid by the Client on the Order.
14.5. Retention of title clause: HERBARIUM SASU remains the owner of the Products sold until full payment of the price and the Client undertakes, as long as ownership has not been transferred to him/her, to take all necessary precautions to ensure the proper conservation of the products.
Article 15 - Delivery
15.1. Definition: Delivery means the transfer to the Customer of physical possession or control of the Product.
15.2. Delivery time : HERBARIUM SASU will make its best efforts to respect the delivery times indicated during the Order for each of the products, which are given as an indication and without guarantee. This absence of guarantee is due in particular to the availability of the teams of HERBARIUM SASU and the carriers in charge of the delivery of the Products.
Delays attributable to HERBARIUM SASU, to the carrier in charge of delivery or to a third party can in no way justify the cancellation, modification or postponement of the order or other orders already confirmed, nor give rise to a request for a reduction in price, penalties or damages of any kind.
Any modification of an Order during its execution may result in an extension of the delivery time.
15.3. Delayed delivery: If the product ordered is not delivered within 15 days of the agreed delivery date or the expiry of the period mentioned in the Order, the Client may, after having unsuccessfully requested HERBARIUM SASU to fulfil its obligation to deliver within a reasonable additional period, cancel the contract by registered letter with acknowledgement of receipt or in writing on another durable medium.
15.4. Delivery methods: The Products are delivered to the address indicated by the Customer at the time of the Order, or to a relay point.
By selecting the "click&collect" delivery option, the Customer may also collect the Products from a shop. In this case, the Customer must collect the Products within a period of fifteen days from the date of the notice of availability of the Products.
If the Products are not collected within this period, HERBARIUM SASU will be entitled to recover the Products, cancel the Sales Order and keep the sums paid by the Client for the Sales Order as compensation.
When the Product is delivered to the address indicated by the Client by a carrier, it is the Client's responsibility to check the condition of the delivered Product in the presence of the delivery person and, in the event of damage or missing items, to express his/her reservations on the delivery slip or receipt of delivery.
15.5. Conformity of the Product: If the Product does not conform to the Order, the Client must send a complaint to HERBARIUM SASU in order to obtain a replacement of the product or possibly the cancellation of the sale.
15.6. Failure to deliver: The total failure to deliver leads to the automatic cancellation of the sales contract and the reimbursement to the Client of the sums paid, unless the failure to deliver is due to the Client's fault.
15.7. Delivery and transfer of risk: The risk of loss or damage to the Products is transferred to the Customer at the moment when the Customer or a third party designated by the Customer takes physical possession of the goods, regardless of their nature. The product, which is delivered to the Customer by a carrier depending on the option chosen, travels at the Customer's risk from the moment the goods are handed over to the carrier.
15.8. Retention of title: Ownership of the Product is transferred to the Customer upon full payment of the sale price and related costs.
Article 16 - Legal guarantee of conformity and guarantee against hidden defects
16.1 Information for the Client : All the products supplied by HERBARIUM SASU benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code and/or the guarantee of hidden defects provided for in articles 1641 and following of the Civil Code.
16.2. Implementation of the legal guarantee of conformity: If the Client wishes to implement the legal guarantee of non-conformity, he must send a letter to HERBARIUM SASU at its registered office located at 1 Rue Jean CARASSO - 95870 BEZONS or an e-mail to email@example.com
When he acts in legal guarantee of conformity, the Customer :
- has a period of two years from the date of delivery of the goods to take action;
- may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code;
- is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.
16.3. Implementation of the guarantee against hidden defects: The Customer may decide to implement the guarantee against hidden defects of the Product sold within the meaning of Article 1641 of the Civil Code. In this case, the Customer may choose either to terminate the sale or to reduce the sale price in accordance with Article 1644 of the Civil Code.
Article 17 - Guarantee clauses
17.1. Exoneration clause: Clauses exonerating or limiting the rights granted to Customers under legal guarantees, which are deemed unwritten when they are concluded before any claim on their part, are valid when they are concluded after a claim pursuant to Article L. 241-5 of the Consumer Code.
17.2. Law applicable to guarantees : The French law applicable to the Contract may not have the effect of depriving the Customer residing in another Member State of the provisions on guarantees granted to him by its national law in application of the Directive of 25 May 1999 on the sale of consumer goods and associated guarantees.
Article 18 - Commercial guarantee on plants
In accordance with article L. 217-15 of the French Consumer Code, HERBARIUM SASU guarantees the conformity of the plants with their description on the website and the absence of defects for a period of three (3) months from their delivery. The Client understands that this guarantee only concerns the plants and not the pots.
In the event of non-conformity or defects in the plant purchased by the Client, HERBARIUM SASU undertakes to replace it free of charge, subject to the availability of stocks and, in the event of unavailability, to offer a plant from the equivalent range.
The replaced Plant will be delivered according to the terms and conditions set out in article 15.4 of the General Terms and Conditions of Sale.
After the aforementioned period of three (3) months and up to six (6) months from the date of the Order, the Client will also have the possibility of purchasing a "refill" plant from an equivalent range at a reduced price by using the promotional code provided on request by HERBARIUM SASU's customer service, according to the prices in force at the time of the Order, and subject to the availability of stocks.
Independently of the commercial guarantee, HERBARIUM SASU remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 and following of the consumer code and that relating to the defects of the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
Article 19 - Commercial guarantee on plants
In the event of damage caused by a safety defect in the product, the Customer must seek the responsibility of the manufacturer identifiable from the information mentioned on the packaging of the Product.
Article 20 - Penalty clause
In all cases of non-execution of its obligations by the Client, all sums paid at the time of the order will be retained by HERBARIUM SASU as compensation.
Article 21 - Responsibility
HERBARIUM SASU cannot be held responsible in the event of non-performance or poor execution of the Contract due to the Client's actions, or to the insurmountable and unforeseeable actions of a third party to the Contract, or to force majeure.
HERBARIUM SASU cannot be held responsible for the non-conformity of the Products with the legislation of the Client's country, who is responsible for verifying that the product is not forbidden for sale in his country.
The Client alone assumes the risks and perils resulting from the use of the Products ordered on the Internet Site and assumes full responsibility for them.
HERBARIUM SASU cannot be held responsible for any damage or prejudice suffered by the Client or any third party that may result from the use of Products ordered on the Internet Site.
Article 22 - Right of withdrawal
22.1. Application of the right of withdrawal (except for goods likely to deteriorate or expire quickly such as plants):
When the Customer is a consumer within the meaning of consumer law, he has a period of 14 days from receipt of the product purchased to exercise his right of withdrawal in accordance with Article L. 221-18 of the Consumer Code.
To exercise his right of withdrawal, the Client must send HERBARIUM SASU a letter addressed to its registered office located at 1 Rue Jean CARASSO - 95870 BEZONS or an e-mail to firstname.lastname@example.org indicating his decision to withdraw from the Contract by means of a statement free of ambiguity. The Customer can use the model withdrawal form which can be downloaded here.
As from the communication of the Customer's decision to withdraw, the latter has 14 days to return the Products, at his own expense, accompanied by the corresponding invoice and the withdrawal form duly completed and signed. Only products in new condition and complete (with instructions and accessories if applicable), returned in their original packaging, will be accepted. For the return of the product(s) that are not suitable, the Customer shall choose the carrier of his choice and shall be responsible for the packaging and protective measures necessary for the transport of the parcel, in order to avoid any risk of damage. To this end, it is essential that the Customer keeps the Products to be returned in their original packaging and in the state in which they were delivered.
Any request for reimbursement can only be taken into account once the returned Products have been received by HERBARIUM SASU and subject to their good condition. The Products returned incomplete, damaged, soiled by the Customer or entering in the cases of non-application of the right of retraction, cannot be the object of a right of return.
All returns must be notified to HERBARIUM SASU in advance by post to its registered office at 1 Rue Jean CARASSO - 95870 BEZONS or by e-mail to email@example.com.
Once the Product has been returned and judged to be in conformity by HERBARIUM SASU, the refund will be made within a maximum of 14 days, with deduction of any transport and insurance costs, following the first of the following events (article L.121-24 of the French Consumer Code):
- The return of the parcel to the original place of shipment
- The transmission by the Customer of the proof of shipment of the return: name of the carrier, tracking number and validation of acceptance of the package by the carrier.
The method of reimbursement will be identical to the method of payment for the order in question. The reimbursement will be made within 14 days
The Customer may also choose to retain the amount of his order in the form of a credit note by simply requesting this from Customer Services.
22.3 Non-application of the right of withdrawal: The right of withdrawal cannot be exercised in particular for the following cases (article L121.21.8 of the Consumer Code):
- Goods likely to deteriorate or expire quickly (flowers, plants, food products, etc.)
- Goods made to the Customer's specifications or clearly personalised
Article 23 - Tools and falcultative services
HERBARIUM SASU may provide access via its Internet Site to tools, products or services of third parties over which HERBARIUM SASU exercises neither monitoring nor control, and for which the Client alone assumes the risks and perils resulting from their use.
HERBARIUM SASU cannot be held responsible for any damage or prejudice suffered by the Client or any third party which could result from the use by the Client of tools or services of third parties.
As HERBARIUM SASU is not a party in any capacity whatsoever to the relationship between the Client and any third party, the latter are solely responsible for any difficulties, claims and disputes that may arise between them.
Consequently, the Client undertakes to guarantee, indemnify and relieve HERBARIUM SASU, without limitation of amount, against any claim or action by any natural or legal person against HERBARIUM SASU, as well as their direct or indirect consequences, financial or otherwise, due to the use by the Client of the tools or services of third parties.
Article 24 - Comments, suggestions and other proposals from users of the Website and from Clients
If the User of the Website or the Client submits specific content to HERBARIUM SASU, such as, but not limited to, creative ideas, sounds, videos, photographs, suggestions, proposals, plans or other elements, whether online by e-mail or by post (hereinafter the "Comments"), the Website User or the Client authorises HERBARIUM SASU, at all times, without financial consideration or restriction, to exploit their Comments, modify them, edit them, copy them, publish them, distribute them, translate them and use them in any media.
The Website User and the Client shall ensure that their Comments do not infringe the rights of third parties and do not contravene any applicable national, European and international laws and regulations, as well as public order and good morals.
In particular, the Website User and the Client undertake not to reproduce in their Comments protected works (texts, photos, videos, sounds, etc.) without the authorisation of their authors or the holders of the rights relating to these works.
The user of the Website and the Client shall refrain in particular from making any Comments of an illicit, pornographic, xenophobic or racist nature or relating to any proselytising relating to sectarian movements such as those denounced in the parliamentary report "Sects in France", or considered to represent a sectarian risk for the State services, this list not being exhaustive.
Although no moderation is incumbent on HERBARIUM SASU, HERBARIUM SASU nevertheless reserves the right to delete, without prior notice or information, any Comment which contravenes its General Terms and Conditions of Sale and/or its Terms and Conditions of use of its Website.
HERBARIUM SASU cannot be held responsible for any prejudice that may result from the Comments of the User of the Website and of the Client, who undertake to guarantee, indemnify and relieve HERBARIUM SASU, without limitation of amount, against any claim or action of any natural or legal person against HERBARIUM SASU, as well as their direct or indirect consequences, financial or otherwise, due to their Comments and their possible publication on the Website or on any other medium.
Article 25 - Intellectual property
All the elements of the Website, whether visual or audio, the brands, logos, graphics, photographs, animations, videos, texts or any other published content, including its structure and tree structure, as well as the databases and technology that make it up or allow its functioning and/or use, are the exclusive property of HERBARIUM SASU or are given to it under licence for use and benefit from the protection of the Intellectual Property Code.
Any total or partial reproduction of the Website is expressly prohibited by articles L. 342-1 and L. 342-2 of the Intellectual Property Code.
The use of the content of this site for commercial purposes is expressly prohibited.
All of the Products are protected by copyright, trademark and patent law and cannot be reproduced, copied, diverted, used, commercialised or represented without the express prior authorisation of HERBARIUM SASU. Any reproduction, use or distribution of these elements without prior written authorisation will expose the offenders to legal proceedings.
Article 26 - Subcontracting and transfer of the Contract
HERBARIUM SASU reserves the right to subcontract all or part of its obligations resulting from the Contract to any third party of its choice, without the Client being able to oppose this.
HERBARIUM SASU reserves the right to assign, transfer or bring to a third party, in any form whatsoever, all or part of its rights and obligations resulting from the Contract linking it to the Client. The Client accepts such a substitution from now on.
III/ PROVISIONS COMMON TO THE GENERAL CONDITIONS OF SALE AND THE CONDITIONS OF USE OF THE WEBSITE
Article 27 - Force majeure
The obligations of HERBARIUM SASU will be suspended in the event of the occurrence of any event beyond its control which prevents or delays the execution of its obligations, considered as force majeure.
HERBARIUM SASU will not be responsible for the total or partial non-execution of its obligations, if this non-execution is caused by an event constituting force majeure, that is to say, unforeseeable, irresistible and independent of the will of the parties.
The events of interruptions, breakdowns, sabotage of the means of telecommunication, fires, floods, wars, strikes, lock out, epidemic, sanitary crisis, delay of delivery of the suppliers will be held for case of absolute necessity, even if they are only partial and whatever is the cause, what expressly accepts the Customer.
HERBARIUM SASU will thus be released from its obligations for the duration of the event.
If necessary, HERBARIUM SASU will inform the Client by e-mail at the latest within 7 working days from the occurrence of the said event of force majeure and will indicate the duration and foreseeable consequences and will do everything possible to limit the scope of the event.
The performance of the obligations shall resume its normal course as soon as the event constituting force majeure has ceased. After a period of one (1) month of suspension due to force majeure, HERBARIUM SASU will be definitively released from its obligations and exonerated from any responsibility resulting from the force majeure thus suffered.
Article 28 - Modification of the General Sales Conditions and the Conditions of use of the Website
HERBARIUM SASU reserves the right to modify all or part of the Content published on its Website, its General Terms and Conditions of Sale and its Conditions of Use of its Website, which the Client hereby accepts.
Article 29 - Waiver
It is formally agreed that any tolerance or waiver by HERBARIUM SASU, in the application of all or part of the commitments provided for in the Contract and its General Sales Conditions and Conditions of use of its Internet Site, whatever the frequency and duration, will not be considered as a modification, nor will it generate any right.
Article 30 - Partial invalidity and nullity
In the hypothesis that one or several stipulations of the General Sales Conditions or the Conditions of Use of HERBARIUM SASU would be declared null or inapplicable in application of a law, a regulation or following a court decision that has become definitive, the other stipulations of the aforementioned Conditions will continue to apply under the same terms and conditions.
Article 31 - Language, applicable law and jurisdiction
The Contract, the General Terms and Conditions of Sale and the Conditions of Use of the Website are subject to French law.
For any dispute between the Parties, jurisdiction is granted to the Commercial Court of Pontoise (95) which shall have sole jurisdiction regardless of the cause, nature and location of the dispute, even in the event of a warranty claim or multiple defendants.
The competent jurisdiction will be that of the place of residence of HERBARIUM SASU notwithstanding the cause, the nature and the place of the litigation, even in the case of appeal in guarantee and of plurality of defendants.
Article 32 - Entirety of the Contract
The General Conditions of Sale and the Conditions of use of the Website, the possible particular conditions or any other contractual document published by HERBARIUM SASU on its Website constitute the entirety of the Contract between HERBARIUM SASU and the Client.