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GENERAL SALES CONDITIONS 2024
1 - General clauses
Our products and deliveries are subject to the present conditions, which take precedence over any conditions appearing on the purchaser's documents, unless waived by us.
2 - Packaging
Our items are sold only in the grouped quantities shown in our price list. Unless otherwise agreed, we round up the quantities ordered to the next higher grouped unit.
Small green and flowering plants can be delivered with a container for a supplement of €3.50 per piece.
Plants on natural trunks are generally delivered with a container.
3 - Delivery
31- Delivery terms
Deliveries are made carriage forward, with carriage paid in Metropolitan France (excluding Corsica) for deliveries of a net value (excluding VAT) of more than €1,200. In all cases, the following cannot be shipped carriage paid: tubs, plant compositions, trees over 3.00 m and turf rolls.
There is no carriage paid for deliveries direct to the end customer. In addition, for all orders under €300 net excl. VAT, we apply a €8 administration charge.
32- Delivery times
The delivery times indicated are not binding and any delay in delivery cannot give rise to damages. We reserve the right to terminate the contract in the event of impossibility of delivery due to force majeure: strikes, lock-outs, war. If collection is at the buyer's expense, failing collection, the seller may take all necessary measures to store the goods at the buyer's expense, or proceed with delivery after formal notice to collect the goods.
33- Risk
We remind you that under the terms of article 105 (or L133-3) of the French Commercial Code, you must, under penalty of foreclosure, within 48 hours of receipt of the goods, in the event that they do not arrive in good condition, make your protests and reservations by registered letter AR or by bailiff's writ, to the delivering carrier. We draw your attention to the importance of this provision, releasing us from liability in the event that, within the legal time limit, you fail to comply with the provisions of the law. In this case, our company will not be held responsible for any damage or loss which you should have reported in accordance with the law.
4 - Prices
The price is mentioned on the invoices, firm and stipulated exclusive of tax.
Prices are given without commitment of duration, and our sales are always made at the rate of the day of delivery.
In the case of contracts with deliveries staggered over time, our prices may be revised according to variations resulting from the costs of raw materials, exchange rates, labor or sea or land transport.
5 - Payment
51-Method of payment
Unless otherwise agreed, payment must be made before the order is dispatched.
In the event of deferred or forward payment, payment within the meaning of the present article does not include the mere remittance of a bill of exchange or cheque implying an obligation to pay, but payment on the agreed due date.
52-Late payment penalties
In the event of non-payment of any instalment, the other instalments shall become immediately due and payable.
In the event of non-payment on the due date, late payment penalties will be due, in accordance with Articles L.441-3 and L.441-6 of the French Commercial Code, based on the outstanding invoices, at a rate of three times the current legal interest rate, plus a flat-rate indemnity of €40 for collection costs.
53- Guarantees
Any deterioration in the purchaser's credit rating may justify the requirement of guarantees or cash payment prior to the execution of orders received.
6 - Retention of title
We retain ownership of the goods sold until effective payment of the full price in principal and accessories (law 80.335 of May 12 1980), however the buyer retains the risk of loss and deterioration of the goods sold as well as any damage they may cause and their availability.
7 -Returns
All product returns must be formally agreed between the seller and the purchaser (transformed and potted plants cannot be returned), in new condition and in the original carton. In the absence of agreement, the returned product will be held for the purchaser and will not give rise to a credit note. Return costs and risks are always borne by the purchaser. In any case, no returns will be accepted 10 days after the delivery date. In the event of apparent defect or non-conformity of the products delivered, duly noted by the seller, the purchaser may obtain reimbursement of the products or replacement free of charge, at the seller's discretion, to the exclusion of any indemnity or damages.
9 - Settlement of disputes.
In the event of any dispute concerning the interpretation or execution of the present terms and conditions, the Chartres (28) court shall have sole jurisdiction, even in the event of a third party claim, plurality and notwithstanding any clause to the contrary.