• Terms and conditions of sale visuel 1

Preamble

- The site is the property of the scea Fuchsia Delhommeau, as well as all the rights relating to it. Any reproduction, integral or partial, is systematically subjected has the authorization of the owners. However, hypertext links to the site are authorized without specific request.

-Information on delivery times and availability of products:
Orders placed in the off-season are recorded and are put on hold for delivery. Deliveries start in April. From the beginning of April, orders are processed as they come in. Except for particular weather conditions (frost, strong heat...), the plants are reserved as of reception of the payment of the order and dispatched the following week, on Monday or Tuesday, for a reception on Tuesday, Wednesday or Thursday. It is possible to defer delivery to a date that suits you best or to specify a delivery address different from the billing address.
- Availability:

Shipments begin in late March through July and resume from September through the end of October.

The stock is managed automatically. In case the stock of a plant would be exhausted, you can register your email address to be warned of the restocking of this last.


- Possible damage during transport:

The damage due to transport is obviously the responsibility of CHRONOPOST and in no case we could be held responsible. In case a parcel would appear damaged, do not hesitate to issue reserves or even refuse it.


- Implementation of the warranty and after-sales service:

If you have a reason for complaint, please contact us within 48 hours and we will do everything possible to repair any negligence. However, we cannot guarantee the recovery of our plants, not being master of their planting, their maintenance, or the climate.


- Settlement of disputes

Only the Commercial Court of Nantes is competent.


1. Acceptance of the conditions

The customer acknowledges having read, at the time of placing the order, the special conditions of sale set out on this screen and expressly declares to accept them without reservation.
The present general conditions of sale govern the contractual relations between the scea Fuchsia Delhommeau and its customer, both parties accepting them without reserve. These general conditions of sale will prevail on all other conditions appearing in any other document, except preliminary, express and written exemption.

 

2. Products

The photographs illustrating the products are not part of the contractual field. If errors are introduced, the responsibility of the scea Fuchsia-Delhommeau cannot be engaged. All products offered to its customers by scea Fuchsia-Delhommeau are available directly at the nursery (subject to stock availability)

3. Order

The automatic registration systems are considered as proof of the nature, content and date of the order. The scea Fuchsia-Delhommeau confirms the acceptance of the order to the customer at the email address he will have communicated. The sale will be concluded only as from the confirmation of the order. The nursery Fuchsia-delhommeau SARL reserves the right to cancel any order from a customer with whom there is a dispute over the payment of a previous order. The information stated by the purchaser, at the time of the order taking engage this one: in case of error in the wording of the coordinates of the recipient, the salesman would not know how to be held responsible for the impossibility in which it could be to deliver the product.

4. Delivery

After confirmation of the order, La scea Fuchsia-Delhommeau Nursery commits itself to deliver to its carrier all the references ordered by the buyer. This carrier is committed to deliver the order to the buyer's address or to a relay point. In the case of a transport in system known as of against-refunding, the customer commits himself regulating with the conveyor or his representative the totality of the sum indicated at the time of the confirmation of order. Moreover, for deliveries outside of metropolitan France, the customer agrees to pay all taxes due on the import of products, customs duty, value added tax, and all other taxes due under the laws of the country where the order is received. All orders placed with La scea Fuchsia-Delhommeau are intended for the personal use of the customers, the customers or the recipients of the products forbid themselves any partial or total resale of the products. The scea Fuchsia-Delhommeau is released from all legal responsibilities if the payment of the taxes was not carried out by the customer. The delivery will be made by CHRONOPOST according to the choice of transport of the customer in Metropolitan France. The delivery is carried out in the time slot agreed with the customer by the direct handing-over of the product to the announced recipient, or in case of absence, to another person authorized by the customer. Possible delays do not give the right to the buyer to claim damages. The deliveries in the countries of the EEC are carried out by CHRONOPOST according to the choice of the customer.
War, riot, fire, strikes, accidents and the impossibility of being supplied are considered as cases of force majeure discharging the seller from his obligation to deliver. The goods always travel at the risk of the recipient.
Always check your package upon arrival.
Once all the plants are available, the delivery can take place. In no case, there can be several deliveries for a single order.

5. Withdrawal

You have 7 days (from the reception of the articles) to make an opinion. In case of exchange or refund, return the article(s) new and intact in its (their) original packaging, (WARNING: this implies that the plants have not been removed from their growing pot and/or planted and that their root and vegetative systems are intact).

to the following address:

Fuchsia-Delhommeau scea
L'étang du bois joly
44140 LA PLANCHE
France

ATTENTION: Upon receipt of the goods, a bailiff, duly authorized, may be required to establish the good or bad condition of the plants.
In case of exercise of the right of withdrawal, La scea Fuchsia-Delhommeau is required to refund the sums paid by the customer, without charge, except for the cost of return. The refund is due within a maximum of 15 days.

6. Price

The unit price of each plant product is displayed in their respective card.
The price is expressed in euros
The price indicated on the product sheets does not include the cost of transport.
The price indicated in the confirmation of order is the final price, expressed all inclusive of tax and including the VAT for France and for the other countries of the European Community.
To this price must be added the price of the products, the handling, packaging and conservation costs of the products, the transport costs for metropolitan France and Europe and the commissioning costs.

 

7. Payment

The price charged to the customer is the price indicated on the order confirmation.
The price of the products is payable in cash on the day of the effective order.
Payment is made by credit card bearing the initials CB, VISA, Mastercard or PAYPAL and allows you to pay via an E Transaction form managed by our bank, the Crédit Agricole in a secure environment. The order validated by the customer will be considered effective only when the banking payment centers concerned have given their agreement. In case of refusal of the said centers, the order will be automatically cancelled and the customer will be informed by e-mail. Moreover, La scea Fuchsia-Delhommeau reserves the right to refuse any order from a customer with whom there is a dispute.


8. Litigation

The present contract is subject to French law. The scea Fuchsia-Delhommeau cannot be held responsible for damages of any kind, material or immaterial, which could result from a malfunction or a misuse of the marketed products. It is the same for the possible modifications of the products resulting from the manufacturers. The responsibility of La scea Fuchsia-Delhommeau will be, in any case, limited to the amount of the order and could not be questioned for simple errors or omissions which would have been able to remain in spite of all the precautions taken in the presentation of the products. In the event of difficulties in the application of the present contract, the purchaser has the possibility, before any action in justice, to seek an amicable solution in particular with the assistance of a professional association of the branch, an association of consumers or any other council of its choice. It is reminded that the search for an amicable solution does not interrupt the "short period" of the legal guarantee, nor the duration of the contractual guarantee. It is reminded that as a general rule and subject to the appreciation of the Courts, the respect of the provisions of the present contract relating to the contractual guarantee supposes that the purchaser honors his financial commitments towards the seller.
Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in the one who takes the trouble to expose his situations. In the event of a dispute, the customer will first contact the company to obtain an amicable solution.
Failing this, the Commercial Court of Nantes has sole jurisdiction, regardless of the place of delivery and the method of payment accepted.

9. Guarantee

La scea Fuchsia-Delhommeau guarantees that all selected products are manufactured or produced or edited in France. In all cases, La scea Fuchsia-Delhommeau cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of receipt, the responsibility of La scea Fuchsia-Delhommeau is systematically limited to the value of the product in question, value at its date of sale and this without any possibility of recourse to the brand or the company producing the product. In any case, the customer benefits from the legal guarantee of eviction and hidden defects (Art.1625 and following of the Civil Code). On the condition that the buyer proves the hidden defect, the seller must legally repair all the consequences (art.1641 and following of the civil code); if the buyer goes to court, he must do so within a "short period" from the discovery of the hidden defect (art.1648 of the civil code). You can contact us: 7 days a week at the following phone number: 02.40.31.93.05 from 9 am to 10 pm by using the support - Contact us- of the site (answer within the day)

10. Legal information

The information of the personal information collected for the purposes of the remote sale is obligatory, this information being essential for the treatment and the routing of the orders, the establishment of the invoices and contracts of guarantee. Failure to provide this information will result in the order not being validated. In accordance with the law "Informatique et Libertés", the processing of personal information relating to customers has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL) under the number 2135582 v 0. The customer has (article 34 of the law of January 6, 1978) a right of access, modification, rectification and deletion of data concerning him, which he can exercise with the SARL Fuchsia-delhommeau Moreover, the SARL Fuchsia-delhommeau undertakes not to communicate, free of charge or with consideration, the details of its customers to a third party.