TERMS AND CONDITIONS
1. APPLICATION OF THE GENERAL CONDITIONS OF SALE
1.1. SCOPE - ACCEPTANCE
These general conditions of sale (GTC) apply to all sales of products of the company GARDEN EQUIPMENT whose registered office is ZI du Plessis Beuscher 35220 Châteaubourg, registered with the RCS of RENNES - siret no. : 53362000016.
" Buyer "Means any natural or professional person who places an order for a product.
Consequently, unless otherwise agreed, any order for products by the buyer implies full and unreserved acceptance of these general conditions of sale. The buyer declares and acknowledges having read these general conditions of sale and having taken cognizance of them. These prevail over any other document and in particular catalog, prospectus, advertising, notice which have only informative and non-contractual indicative value. No particular condition can, except with the express written acceptance of the company GARDEN EQUIPMENT, prevail against the general conditions of sale. Failing this, any contrary condition opposed by the buyer will therefore be unenforceable against the company GARDEN EQUIPMENT regardless of when it may have been brought to its attention. If any of the clauses is held to be null and void, it will be deemed unwritten and will not invalidate the other clauses. Failure for GARDEN EQUIPMENT to exercise any of the rights resulting from these conditions of sale does not constitute a waiver of its rights.
1.2. MODIFICATION
GARDEN EQUIPMENT reserves the right to modify these general conditions of sale at any time without notice. In this case, the applicable conditions will be those in force on the date of the buyer's order.
The buyer is deemed to have accepted the latest version.
2. CHARACTERISTICS OF THE GOODS OFFERED
GARDEN EQUIPMENT sells equipment and spare parts in the field of transport and garden machinery.
3. ORDER - ADDITIONAL COSTS
3.1. ORDERED
Before any order, the buyer will have previously checked the compatibility of the material or parts with his own material. The responsibility of the company GARDEN EQUIPMENT cannot be engaged in this respect.
To be valid, the order must specify in particular the quantity, brand, type and references of the products sold, as well as the agreed price, payment terms, place and date of delivery.
All requests or specific conditions different from those provided for in these general conditions of sale, such as special guarantees, penalties for late delivery, special payment terms, etc.) must be made by the buyer and be expressly accepted by the company GARDEN EQUIPMENT before any order.
Any order, to be taken into account, must refer to a precise offer and must be placed in writing or by e-mail at the head office of the company GARDEN EQUIPMENT.
The order is only final when it has been accepted and confirmed in writing by GARDEN EQUIPMENT.
The validation of an order implies the consent to the full and complete adhesion of these general conditions of sale, the recognition of having full knowledge of them and the renunciation to take advantage of its own conditions of purchase.
During execution, GARDEN EQUIPMENT will be entitled to refuse to make changes in the quantities requested.
In any case, written requests from the buyer relating to changes in the quantities and characteristics of the goods ordered, accepted by the company GARDEN EQUIPMENT will give rise to the establishment of an additional order form in which the conditions and in particular the prices and deadlines provided may be revised accordingly.
3.2. ADDITIONAL COSTS
Additional costs incurred by the customer or an intermediary agent in relation to the order will be invoiced in addition.
4. PAYMENT
4.1. PRICES
The prices of the products are those in force on the day the revisable order is taken as follows.
GARDEN EQUIPMENT grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is recorded, subject to the aforementioned automatic price revisions.
The prices appearing on the site are prices including all taxes in euros taking into account the VAT applicable on the day of the order; any change in the rate may be reflected in the price of the products or services.
4.2. DISCOUNTS
No discount will be granted in the event of early payment.
4.3. BILLING
An invoice is established for each delivery of products and issued at the time of delivery. The due date appears on the invoice.
4.4. PAYMENT TERMS
Unless otherwise agreed in writing, payments will be made before the goods are shipped, either by transfer, check or cash. Only the actual collection of the means of payment, and not their simple delivery, will be considered as full payment within the meaning of these general conditions of sale.
5. RETENTION OF OWNERSHIP
The " products »Remain the property of the supplier until the fulfillment of all the obligations of the buyer and especially until full payment of the agreed price in principal and accessory.
6. DELIVERY
6.1. DELIVERY
Delivery is made by the direct delivery of the goods to the buyer.
6.2. TIME LIMIT
Deliveries are only made according to availability and in the order of arrival of the orders. The supplier is authorized to make full or partial deliveries. The delivery time indicated during the registration of the order is given only as an indication and is in no way guaranteed. Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the purchaser to the allocation of damages or the cancellation of the current order whatever the cause. In any event, delivery on time can only take place if the buyer is up to date with his obligations to the supplier, whatever the cause.
6.3. RISKS
The risks of loss or damage of the products sold are transferred at the time and place of delivery. Consequently, the buyer will be responsible for the products from that moment and will assume the risks and costs related to the products during transport. GARDEN EQUIPMENT is in no way held responsible for any loss, damage or disaster during transport. Unless otherwise stipulated, this applies, even if the prices are understood to be free at the place of receipt and when the company GARDEN EQUIPMENT has chosen the routing and the carrier. It will therefore be up to the buyer, in the event of damage, missing items or loss, to make any reservations or to exercise all recourse with the carriers, in accordance with the provisions of Article L. 133-3 of the Commercial Code. A copy of the reservations must be sent by registered letter with acknowledgment of receipt to GARDEN EQUIPMENT as soon as possible. If the buyer does not take possession of the products at the place and date of delivery, the products are stored by the company GARDEN EQUIPMENT at the expense and risk of the buyer. GARDEN EQUIPMENT declines all responsibility in this regard.
6.4. RECEPTION
Upon receipt, the buyer must check the conformity of the products with the order and the absence of apparent defects.
In the event of apparent defects, the defective parts are replaced by GARDEN EQUIPMENT, subject to verification of the alleged defects. The buyer must provide any justification as to the reality of the defects observed, the company GARDEN EQUIPMENT reserving the right to proceed, directly or indirectly, to any observation and verification on site. No return of products can be made by the buyer. without the prior express consent of GARDEN EQUIPMENT, obtained in writing (mail, fax or electronic mail). The cost of returning to GARDEN EQUIPMENT headquarters will be borne by the purchaser. If no complaint has been made within 5 days of receipt, the products are deemed to conform to the order, without apparent defect, accepted by the buyer and are neither returned nor exchanged.
GUARANTEE & WITHDRAWAL
GARDEN EQUIPMENT materials are guaranteed for one year from the date of delivery. The warranty is limited to the pure and simple exchange of parts recognized as defective by the company GARDEN EQUIPMENT. Shipping and labor carried out by the distributor remain the responsibility of the purchaser. Any warranty claim must be accompanied by the defective part and indicate the machine number as well as the end date of commissioning. Wearing parts are excluded from the warranty. Any abnormal use of the equipment, modification made to the equipment by a non-professional and unauthorized person, the use of non-original spare parts, non-compliance with the recommendations in the maintenance booklet, result in the loss of the right to warranty. To be able to invoke the benefit of these provisions, the purchaser must notify GARDEN EQUIPMENT without delay and in writing of the defects which he attributes to the product and provide any justification as to the reality of these. He must give the company every facility to proceed to the observation of these defects and to remedy them.
GARDEN EQUIPMENT is only bound by the conformity of its product with the specifications of its technical data sheets available on request. The buyer is always responsible for the choice of the product, the suitability between the machine and the result expected by himself or his own customer. He is responsible for its proper use under the rules of the art and regulations. Under no circumstances does GARDEN EQUIPMENT have any obligation regarding the final result. It is up to the buyer-reseller to advise his own client on the correct use of the product.
GARDEN EQUIPMENT is at the disposal of the buyer-reseller to help him in this task within the limits of his knowledge and experience. The buyer-reseller is responsible for delivering the documents accompanying the equipment to his user client (user manual, warranty card, certificate of conformity, etc.). The company GARDEN EQUIPMENT is at its disposal to provide it with the documents which could be missing if necessary.
In accordance with Articles L. 221-18 et seq. Of the Consumer Code, you have a period of fourteen (14) working days from the day after receipt of the last product of your order to exercise your right of withdrawal without having to justify reasons or pay penalties.
If the period of fourteen (14) working days expires on a Saturday, Sunday or a public holiday, it is extended until the first following working day.
The return of the products is done under your responsibility and at your expense.
Any damage suffered by the products on this occasion is likely to frustrate the exercise of your right of withdrawal.
GARDEN EQUIPMENT is available to the Customer for the execution of an order, the exercise of the right of withdrawal, the invocation of the guarantee, or for any other information at the following number: 09 72 57 76 38 Garden Equipment ZI Plessis Beuscher 35220 Châteaubourg
7. PACKAGING - CONSIGNMENT
Except for those sold, packaging and pallets are consigned to customers. The consignment value is payable at the same time as the products and under the same conditions. It is reimbursed by having passed into an account and is only due after receipt by the seller of the return packaging and pallets. The packaging and pallets must be returned, in good condition and free of all costs, to the company's forwarding depot, within a period of one month, after which the seller reserves the right not to take them back. Packaging bearing the seller's mark may only be used for his products and may in no case be used for products other than his own. Any breach of this rule would expose its author to criminal prosecution and the payment of damages.
8. RESPONSIBILITY
8.1. FORCE MAJEURE
The responsibility of the company GARDEN EQUIPMENT cannot be implemented if the non-performance or the delay in the performance of one of its obligations described in these general conditions of sale, results from a case of force majeure. . In the event of force majeure, or in the event of circumstances beyond the control of GARDEN EQUIPMENT, such as strikes, disruption in the water and / or electricity supply, frost, fire, storm, flood, epidemic, interruption, means of transport, difficulties in the supply of raw materials, manufacturing or transport accident without this list being exhaustive, this will be reported by registered letter with acknowledgment of receipt within 15 days maximum of said case ; the performance of the services of the company GARDEN EQUIPMENT is suspended for all or part, the parties obliging themselves to resolve the problem amicably. Each party will bear the respective gains and losses following the suspension of the sale of said product. GARDEN EQUIPMENT is expressly released from the obligation to deliver due to acts of God and in all circumstances beyond its control, such as strikes, machine stoppages and accidents, supply difficulties, interruption of transport, fires. , without this list being exhaustive, which the purchaser expressly accepts, who waives any claim for damages and indemnities in the aforementioned cases.
8.2. LIMITATION OF LIABILITY
The seller's liability will be limited to direct material damage caused to the buyer which would result from faults attributable to the seller in the performance of the contract. The seller is not required to repair the damaging consequences of faults committed by the buyer or third parties in connection with the performance of the contract. In the event that the penalties and compensation provided for have been mutually agreed, they have the value of fixed compensation, discharge and are exclusive of any other sanction or compensation. The seller's civil liability, all causes combined with the exception of bodily injury and gross negligence, is limited to a sum capped at the amount of the invoiced and cashed value of the defective supply. The buyer guarantees the waiver of recourse by his insurers or third parties in a contractual relationship with him, against the seller or his insurers beyond the limits and exclusions set above.
9. WAIVER
The fact that GARDEN EQUIPMENT does not avail itself at a given time of any of the clauses hereof, cannot constitute a waiver of subsequently invoking these same clauses.
10. APPLICABLE LAW
Any dispute relating to the interpretation and execution of these general conditions of sale and contracts concluded by the company GARDEN EQUIPMENT or the payment of the price is subject to French law to the exclusion of all other rights.
11. INTELLECTUAL PROPERTY
The texts, images, sounds and illustrations contained on the Site are the exclusive property of GARDEN EQUIPMENT. As such and in accordance with the provisions of article L 122-5 paragraph 2 of the Intellectual Property Code, only copies or reproductions strictly reserved for the private use of the copyist and not intended for collective use unless agreed with the company. Consequently, any other use constitutes an infringement and punishable under intellectual property.
12. PROTECTION OF PERSONAL DATA
GARDEN EQUIPMENT respects the privacy of its users and customers and is committed to ensuring that all information it collects, in particular regarding the customer's use of the e-commerce service in order to purchase or obtain a product identifying the latter are considered confidential information. The information collected on this site is processed by the company Garden Equipment ZI Plessis Beuscher 35220 Châteaubourg, responsible for processing your requests and orders. Personal information is kept for the legal retention period and is intended for the people necessary for its processing within the company as well as for subcontractors as soon as the contract signed between the subcontractors and the controller is mention of the obligations incumbent on subcontractors in terms of data security and confidentiality protection (article 28 of the European Regulation on the protection of personal data EU 2016/679) and specifies in particular the security objectives to be achieved. No data transfer is carried out outside the European Union by the company GARDEN EQUIPMENT.
In accordance with the European Regulation on the protection of personal data EU 2016/679 (RGPD), the Customer may exercise his right of access to data concerning him, rectification, erasure, request a limitation of processing, object to it or request portability using our contact form . The Customer also has the right to lodge a complaint with the CNIL. Since consent to the processing of personal data is an obligation of the GDPR, the Customer must ensure that the data subject agrees to communicate his e-mail address and postal contact details to Garden Equipment.
GARDEN EQUIPMENT archives purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1379 of the Civil Code. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
13. ATTRIBUTION OF JURISDICTION - ELECTION OF DOMICILE
In the absence of an amicable resolution, the dispute will be brought before the competent commercial court of the head office of the company GARDEN EQUIPMENT. The company GARDEN EQUIPMENT elects domicile at its head office.