These Terms and Conditions of Use and Sale are governed by the laws of France and will be interpreted in accordance with the French courts. You can get on this page, for your reading comfort and understanding, a full translation in English of the Terms and Conditions of the current website.
The below listed words define :
- 'Site', 'service' or 'website' : the website http://www.plantes3d.com and all its pages.
- 'Publisher' : Eden Design SARL, with capital of 5000 €, Registered company in RCS from Saverne ( France) under the number 751 320 888, which his head office is located at 31b route de Saint-Nabor, 67530 Ottrott.
Intracommunity VAT number : FR 60 751 320 888.
Publication director :Helfer, president of Eden Design SARL, reachable under 0769118067 or at firstname.lastname@example.org.
- 'User' : the person visiting and using the site.
- 'Products' : all goods (both physical and intangible) and services that it is possible to buy or to which it is possible to subscribe to on the site.
- 'Customer ': the user buying a product or service on the site.
The website http://www.plantes3d.com is published by Eden Design SARL.
The purpose of the site is the following : "Web site selling on-line downloadable files".
The site is free to access by any Internet user. The acquisition of a product, creation of an account on the site, and in a broader sense navigation on the site implies acceptance by the user of the whole current Terms and Conditions, the user thus acknowledging to have taken full knowledge and accepted the latter. For instance the collection of this acceptance can be materialized as a checkbox next to the sentence: "I have read and accepted the terms and conditions of this site.". Ticking this box will be considered to have the same value as a handwritten signature from the user. The user recognizes the value of evidence from the site automatic recording systems and, unless able to provide evidence to the contrary, will not contest this evidence in the event of a complaint.
The acceptance of these Terms and Conditions implies on the part of the user that he or she does have the legal capacity necessary to do so. If the user is a minor or has not the legal capacity to enter into contracts, he or she declares having the consent of a parent or legal guardian.
The goods and services offered are those listed in the catalog published on the site. These products are offered subject to stock availability. Each product is listed along with a description provided by the publisher based on descriptions provided by the supplier. The product images and information texts available reflect the product as much as possible but the publisher cannot guarantee that all pictures accurately reflect the true appearance of the products.
The site customer service is available by e-mail at the following address: email@example.com or through mail at this address 31b route de Saint-Nabor, 67530 Ottrott in case of which the publisher agrees to provide a response within 7 days.
The prices listed in the catalog are prices shown in Euros including taxes (TTC), and based on the applicable VAT on the day of the order.
Eden Design reserves the right to change prices at any time. However, only the price appearing in the catalog on the day of the order shall be applicable to the buyer.
The registered user on the website (member) has the ability to access his or her account by logging in, using the e-mail address specified during registration and a password or using third-party social network login buttons. The user is responsible for protecting the password he or she has chosen, and is encouraged to use complex passwords. In case of forgotten password, the member can ask for a generate a new one. This password is the guarantee of confidentiality of information contained in the user account, and the user will refrain from transmitting or communicating it to third parties. Otherwise, the site will not be held liable for unauthorized access to a user account.
Creating an account is a prerequisite to any order or member contribution on this site. To this purpose, the member can be asked to provide a few personal information. The member agrees to provide accurate information.
Data collection purpose is the creation of a member account ; this account allows the customer to check all orders made on the site with the account. The site publisher can not be held responsible if the data contained in the account were to disappear as a result of a technical failure or force majeure event, this information having no probative value, but only an informative one. The account pages are freely printable by the given account holder but cannot be taken as evidence ; they only have informative value and aim to effectively help the member to manage his or her orders or contributions.
The publisher reserves the exclusive right to delete the account of any member who may have breached these Terms and Conditions, including but not limited to the following cases :
Said deletion cannot be considered harmful to the excluded member, who can not claim any compensation for this the account deletion. This deletion does not prevent the publisher to initiate legal actions or a lawsuit against the member, should the facts warrant it.
Failure to connect to the website is not considered harmful to the users, and will not result in any right to any kind of compensation. The unavailability of the site, even extended without any time limit and concerning one or several products, can not be considered harmful to users and can not result in the award of damages from the publisher. The photographs and visual products presented on the site have no contractual value, the responsibility of the publisher of this site can not be engaged if product specifics are different from their displays on the site, or if they are incorrect or incomplete.
The hypertext links on the current website may refer to other sites and the responsibility of the publisher of the current website can not be engaged if the content of these sites contravenes the laws. The current website publisher will not be held responsible of any harm caused to the user by his or her visit on those third-party sites.
Unless otherwise stated, the publisher or its licensors own the intellectual property rights of the website and of material on the website. Copying any content, including but not limited to logos, text content, pictures or videos is strictly prohibited and will be considered counterfeiting. Any user found guilty of counterfeiting would likely see his or her account deleted without notice or compensation, this deletion not preventing the publisher or its representative to initiate legal actions or a lawsuit against the member, should the facts warrant it.
The publisher, especially in the online sales process, is bound by an obligation of means; he can not be held liable for damages resulting from the use of the Internet network such as data loss, hacking, viruses, failure in service, or other.
The publisher can not be held liable for breach of contract due to a force majeure event, including but not limited to total or partial strike of postal services, carriers, or disasters caused by floods or fires. Regarding purchased products, Eden Design shall not be liable for any consequential damages because of present, trading loss, operating loss, loss of profit, damage or expense that might arise. The choice and purchase of a product are under the sole responsibility of the customer. The total or partial inability to use such product due to incompatibility of equipment cannot lead to any compensation, reimbursement or questioning the responsibility of the publisher, except in the case of a proven hidden defect, non-compliance, damaged good, or genuine exercise of rights of withdrawal (if the customer is not a professional and withdrawal right is applicable to the contract, according to the article L.221-18 and following of the French Code de la consommation). In case of non delivery of an order or part of an order, the customer has up to 60 days (starting from the expected delivery date) to come forward. No claim will be accepted beyond this time period.
The user expressly agrees to use the site at his own risk and under his sole responsibility. The site provides the user with indicative information and flaws, errors, omissions, misstatements and other ambivalences may exist. In any event the publisher will no be liable for :
- any direct or indirect damage, including but not limited to lost profits, revenue shortfall, loss of customers or data that may result from the use of this site or conversely the inability to use it;
- any malfunction, impossibility of access, misuse, improper configuration of the user's computer, or for the use by the user of an unusual browser;
- the advertisements content and other links or external sources the user may access through the site.
The publisher cannot be liable for any technical hinderance of the connection to the website, including but not limited to hinderance due to a force majeure event, a maintenance, an update, changes being made on the site, an intervention by the hosting company, an internal or external strike, a network outage, a power failure, or a bad setup or operation of the user computer.
Members are free to delete their account on the site. In order to do so, the member can send a e-mail to the website stating that he or she wants to delete the account. No data recovery is possible after account deletion.
These Terms and Conditions are subject to the application of French law. They may be modified at any time by the publisher or one of its representative. The Terms and Conditions applicable to the user are those in effect on the date of the order or of the connection to the site. The publisher obviously agrees to archive its older version of the Terms and Conditions, and to send them to any user who so requests.
Excepting public policy provisions, any dispute that may arise regarding the execution of these Terms and Conditions may be submitted to the discretion of the publisher with a view to a friendly settlement, before any legal proceedings. It is expressly stated that the claims for friendly settlements do not suspend nor set aside the deadlines fixed for instigating legal proceedings. Unless otherwise provided by public policy provisions, any legal proceedings regarding the execution of this contract shall be subject to the jurisdiction of the Court of Appeal that has been referred to.
As required in the article L.612-1 of the French Code de la consommation, Eden Design SARL guarantees that the customer can seek a free-of-charge consumer mediation for the amicable resolution of any dispute with the publisher.
Eden Design SARL offers its nonprofessional customers the mediation of the following mediator :
Mediation is not mandatory but only offered to allow informal resolution of disputes and avoid unnecessary litigation.
Cookies allow the site to identify its users, customize their browsing experience and speed up the display of the site pages through a data file saved on their computer or device. Cookies are typically used on the site to 1) gather user navigation data to provide analytics and optimize user experience and 2) allow the user to log in to and access password-protected pages, including but not limited to his or her account pages.
The "Basket" will be defined as an immaterial container with all the goods or services selected by the user for a purchase by clicking on them. As soon as the user deems to have selected and added to the basket all the products he or she wish to buy, the user will have the possibility to access the basket by clicking on a link or button provided for this purpose, and where he or she can confirm the order. The user will then be redirected to a summary page on which the number, characteristics and unit price of the ordered products will be listed for he or she to review.
If the user wishes to confirm the order, he or she must tick the dedicated checkbox to show acceptance of these Terms and Conditions of Sale and hit the submit button. The user will then be redirected to a page where he or she will fill the order form fields by entering some personal data necessary to the placing of the order. Once the user has completed and submitted the form, he or she will be redirected to the online payment page where the user can make online payments by credit card or by bank transfers, or will access the required information to send a bank check. An e-mail will shortly be sent to the user, confirming the order and listing its specifics and price.
Sold products remain the property of the seller until full payment of their price, in accordance to the present title retention clause.
The user can place order on this site and pay by credit card. The credit card payments are made through secure transactions provided by an online payment platform provider.
This site has no access to any user payments data. Payment is made directly to the bank or online payment platform provider. If the user is paying by bank check or transfer, delivery time periods defined in these Terms and Conditions shall only run from the date the seller actually receives the payment, the seller having full choice of means to prove this date. Product stock availability is listed on the site, in the description of each item.
All products purchased on this website are protected by the following legal guarantees (French Code Civil) ;
Guarantee of conformity :
According to Articles L.217-4 and following of the French Code de la Consommation, the seller must deliver goods in conformity with the contract and is responsible for defects existing during product delivery. The guarantee of conformity may be exercised if a defect were to exist on product delivery, or if the defect appears within 24 months following the delivery date (6 months if the order was placed before March 18th, 2016 or the item sold is a used one). However, after this period of 24 months (6 months if the order was placed before March 18th, 2016 or the item sold is a used one), it will be up to the customer to prove that the defect existed at the time of delivery.
Hidden defects guarantee :
According to Articles 1641 to 1649 of the French Code Civil, the customer may request the exercise of a hidden defects guarantee if the considered defects do not appear at the time of delivery, predated the purchase (and therefore does not result from normal wear of the product, for example) and be serious enough (the defect must render the product unfit for the use for which it is intended, or hinder this use to such an extent that the buyer would not have bought the product or would not have purchased it at such a price if he or she had known the default).
In case of non-conformity of a product sold on the site, it can be returned to the publisher who will refund or exchange it. All claims of exchange or refund must be made by post to the following address : 31b route de Saint-Nabor, 67530 Ottrott or by e-mail at firstname.lastname@example.org. Return merchandise shipping costs are the responsibility of the publisher. If a product exchange is not possible (e.g. obsolete or out of stock product) the buyer will be reimbursed by bank check for the amount of the order minus the carrier costs related the sending of the initial order.
The publisher will archive purchase orders and invoices on a reliable and durable medium, as a true copy in accordance with the provisions of Article 1348 of the French Code civil. Digital records will be considered by both parties as proof of communications, orders, payments and transactions between them.
If any of these terms and conditions should be declared null and void by a court, such nullity shall not extend to any other clauses, which continue to be in effect. The present Terms and Conditions describe the entire agreement between the user and the website. They supersede all previous or contemporary written or oral agreements. The Terms and Conditions are not assignable, transferable or sublicensable by the user himself.
Any claim or cause of action you may have with respect to your use of this website, its pages, services or the social network pages of the publisher, or which is the subject of these Terms and Conditions must be initiated within one (1) year after the claim or cause of action arises. If it is not, such a claim or cause of action will never be applicable before a court.
In case we miss one, please contact us using the addresses mentioned in the Legal Notices of this website, to give, if possible, a description of the error and location (URL), as well as sufficient information for us to be able to contact you. For requests involving copyright, please refer to the section of this document related to intellectual property.
The purchase of the following Products offered on the website will not allow the customer to exert his or her right of withdrawal, as stated in article L.221-28 of the French Code de la consommation : biens ou services ne permettant pas au client d’exercer son droit de rétractation.
The customer acknowledges this list of products, for which the sale will be regarded as irreversible, and waive his or her withdrawal right regarding those products, provided his or her express consent to this waiver had been given by the customer for contracts beginning immediately and concerning digital contents not provided on a hard medium or services delivery that are complete withing the withdrawal right period.
The below listed words define :
By registering on the site, you agree to provide true information about yourself. Communicating false information is contrary to the Terms and Conditions of Use published on the site. You may at any time make a request in order to know what personal information is held about you, to object to its treatment, to edit or delete it by contacting the website publisher at this address : email@example.com.
The data collected and processed by the site are those that you provide voluntarily by filling in the various forms available within the site. For some operations on the contents, you may be required to transmit data about you to third-party partners through their own services, specifically when making payments. We will not collect such data, their collection and processing being made by and governed by conditions of the aforementioned partners. We invite you to check their Terms and Conditions of Use before providing them with your data.
Your IP address (identification number assigned to your computer on the Internet) is collected automatically. You are informed that the service is likely to implement an automatic tracking process (Cookie), which you can prevent by modifying the settings of your browser, as explained in the Terms and Conditions of Use of this site.
Information of registered users on the site will be saved in compliance with the Data Protection Act of the French law (Act n°78-17 of 6 January 1978). According to the latter, users have a right of accessing, withdrawing , modification or correction of the data they provided. This right can be enforced through a request sent to the following email address : firstname.lastname@example.org.
The collection of users personal data by the publisher of this site has been declared to the French authority of protection of personal data (the National Commission for Computing and Liberties - CNIL) under number 1566201---1566208 .
Data identified as mandatory on the site forms are necessary for users to properly use site services and functionalities, specifically actions on the website contents. Data collected automatically by the service will allow to gather analytics data and insights about the site pages and users behaviour.
Data we collect about you are processed for the purposes of implementation of operations on the site contents.
You are likely to receive e-mails from our service, including newsletters. You can refuse to receive such e-mails by contacting us at email@example.com or by using the link provided for this purpose in the newsletters that will be sent to you.
You are informed that your data may be disclosed by the publisher, to preserve its rights and interests, if it is required to do so because of an applicable law, court order or governmental regulation, or if such disclosure is otherwise necessary in support of any criminal or other legal investigation.
Data are stored on one or several servers belonging to the host, whose details are included in the Legal Notices of the website. Data are kept as long as necessary for the purposes mentioned above. Beyond this time period data will be kept for statistical purposes only and will not be subject to any exploitation of any kind.
All rights reserved - 20 March 2017