Terms of sale

Article 1^er : Terms of sale

Our general conditions of sale, as well as our special conditions, are deemed to be irrevocably accepted by our client. All sales transactions between MARDYS GARDEN and the customer are therefore subject to our conditions below, notwithstanding any stipulation to the contrary which may be mentioned on the customer's purchase orders. The customer's general conditions of purchase only bind us insofar as they have been expressly accepted in writing by MARDYS GARDEN. Our agreement cannot in any case be deduced from the fact that we would have accepted the contract without protesting against the stipulations which refer to the general or special conditions or to other similar provisions of our client. The agent, collaborator, spouse, any family member or any other person acting for our client and the representative will be deemed to have the required mandate to bind him to us. The applicable sales conditions are those of the country where MARDYS GARDEN receives the order and where it issues its invoice; they are therefore applicable abroad under the control of French law and within the framework of the application of the jurisdiction clause set out in article 13.

Article 2 : Order

All orders must be placed by email to MARDYS GARDEN. Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below. MARDYS GARDEN reserves the right from receipt of the order to accept, reject it or make reservations. Order acknowledgment does not constitute order acceptance. MARDYS GARDEN undertakes to honor orders received on the website only within the limits of available product stocks. If the product is not available, MARDYS GARDEN undertakes to inform the user.

Article 3 : Price

Errors and omissions excepted, our offers and our lists correspond to the tariff in force at the time of the creation of the catalogue. Errors in the display or possible printing of the catalog, or in the processing and postage costs, will be announced and rectified.

Article 4 : Commitments

We will retain the right to withdraw an order to which we have not given such confirmation. Apart from the manager, the other stakeholders of the company will not have the power to bind the company.

Article 5 : Delivery delay

MARDYS GARDEN undertakes to make every effort to ensure rapid delivery with a maximum date of +15 days from the order (for payments by check and bank transfer, the period runs from receipt of payment).

Article 6 : Delivery and risks

All shipments will be made by post in colissimo followed or by carrier whose contact details will be sent to you by email; upon delivery, all reservations must be made to the carrier.
The colissimo number will be communicated to you by e-mail, you can follow it on the site of La Post.

Article 7 : Reclamations

No complaint for goods not received will be taken into consideration if the carrier justifies the delivery, or if the Post office displays on its site, the follow-up and confirms that the colissimo has been distributed.

Article 8 : Limitation of Liability

If we were held liable as a result of the non-performance or poor performance of our contract, the total compensation could not, by express agreement, exceed an amount equal to the price of the goods which caused the damage.

Article 9 : Ownership of goods

We retain full ownership of the goods until full payment of the price, taxes, fees and accessories. In the same way as for all of our general conditions of sale, the order of a product appearing in the catalog implies on the part of the buyer the unconditional acceptance of this retention of title clause - law of May 12 1980.

Article 10 : Payment Terms

All orders are payable in advance to MARDYS GARDEN, according to the conditions negotiated and affixed to our order confirmation. Failure to pay in full for the order will automatically result in the suspension of the latter.

Article 11 : Warranty

All items can be exchanged or refunded, as long as the item is defective and returned in its original packaging, in new condition, with its original labels, and that it is not has not been worn, altered or cleaned. The exchange request must be made within 7 days.

If the new order is for a higher amount, the user must enclose payment of the balance with the exchange request. Conversely, if the amount of the exchange is less than the initial amount, the user will receive upon receipt of the request a check for reimbursement of the difference.

All items are subject to a contractual guarantee, which does not preclude the legal guarantee provided for by articles 1641 and following of the Civil Code.

The user benefits for the articles from a guarantee allowing him to return the defective articles delivered in accordance with articles L 211-4 and following of the Consumer Code.

Article L211-4 consumer code

The seller is required to deliver goods that conform to the description given.

Article L211-5 consumer code

To comply with the contract, the good must be suitable for the use usually expected of a similar good and, where applicable, present the qualities that a buyer can legitimately expect given the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labelling.

The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them.

Article 1648 al. 1st Civil Code

SIGNATURE AND PROOF

Any user of the site must follow a registration procedure allowing him to order.

In all cases, the online provision of the credit card number and the final validation of the order will be worth proof of the entirety of the said order in accordance with the provisions of the law of March 13, 2000 and will be worth payment of the sums committed by the seizure items listed on the purchase order.

This validation is worth signature and express acceptance of all the operations carried out on the site.

However, in the event of fraudulent use of his bank card, the customer is invited, as soon as this use is observed, to contact MARDYS GARDEN by telephone on 06 22 81 30 39 or by e-mail info@mardysgarden.com indicated on the site as well as its own financial institution.

RESPONSABILITY

Thus MARDYS GARDEN undertakes to describe with the greatest accuracy the products sold on its website.

On the other hand, the responsibility of MARDYS GARDEN cannot be engaged in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable event of a third party to the contract or to a case of force majeure as defined by French case law. .

Similarly, MARDYS GARDEN cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.

Article 12 : Solidarity

If the invoice, at the request of the principal, is drawn up in the name of a third party, the principal and the third party are jointly and severally liable for the payment thereof and the execution of the other commitments resulting from the conditions. general and specific sales.

Article 13 : Juridiction

Any dispute relating to the interpretation, execution or termination of the contract will be subject to French law. In the event of a dispute for any reason whatsoever, the only jurisdiction recognized and accepted by both sides is that of the Commercial Court of BASTIA.