1. Acceptance of conditions
The Customer acknowledges having read, at the time of placing the order, the present General Terms and Conditions of Sale and expressly declares that it accepts them unreservedly. These general terms and conditions of sale govern the contractual relationship between FILLEULE DES FÉES and its Customer, both parties accepting them unreservedly. These general terms and conditions of sale shall prevail over any other terms and conditions appearing in any other document, except in the event of a prior, express and written derogation.
2. Products
L’acheteur peut accéder à un descriptif des produits avant commande. Les photos accompagnant le descriptif peuvent présenter soit la plante adulte en situation, soit l’état des plantes commercialisées ; dans les deux cas, ces photos sont fournies à titre informatif et n’ont pas de valeur contractuelle.
3. Prices
Prices are given in euros. The unit prices indicated on the product sheets do not include transport costs, unless otherwise specified. The total amount indicated in the order confirmation is the final amount, including VAT calculated in accordance with the applicable tax rules. It includes the price of the products, handling and packaging costs and transport costs.
4. Orders
The automatic recording systems are considered as proof of the nature, content and date of the order. The sale will only be concluded once the payment has been received on the bank account of FILLEULE DES FÉES and the confirmation email has been sent by FILLEULE DES FÉES to the address indicated by the Customer. In the event of a dispute, FILLEULE DES FÉES reserves the right not to honour the order if the Customer is unable to provide the confirmation e-mail. FILLEULE DES FÉES reserves the right to cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order. Orders can only be dispatched once full payment has been received. Orders are prepared as far as stock conditions permit.
In the event of a product being temporarily unavailable, FILLEULE DES FÉES may replace it with an equivalent product or one of greater value, or will offer the Customer the choice of another article of equivalent value or the reimbursement of the missing article. The information given by the Customer at the time of placing the order is binding: in the event of an error, imprecision or omission in the wording of the addressee’s details, FILLEULE DES FÉES cannot be held responsible for the impossibility of delivering the Customer’s order. Thus, the Customer will have to pay the shipping costs again if the address entered on the order form is incorrect or incomplete. If an error is detected by the Customer, it must be reported within 24 hours of the order form being issued.
5. Payment
Payment is made :
A) Either by bank card bearing the CB symbol: The order validated by the Customer will only be considered effective once the bank payment centres concerned have given their agreement. If the said centres refuse, the order will be automatically cancelled and the Customer will be informed by e-mail.
B) Or by cheque: The Customer must send by post his cheque made payable to ‘FILLEULE DES FÉES’ together with the references of his order. The Customer’s order will only be considered effective once FILLEULE DES FÉES’s bank account has been credited.
C) Or by bank transfer: The Customer must make the transfer to the bank details indicated on the site, taking care to quote the references of his order. The Customer’s order will only be considered effective once FILLEULE DES FÉES’s bank account has been credited. The cost of the bank transfer is the sole responsibility of the Customer. In the case of incomplete payment, the order will not be effective and FILLEULE DES FÉES will inform the Customer of this. The Customer may then choose to complete the said payment or to be reimbursed for the sum paid. In the case of an unidentified payment, FILLEULE DES FÉES will wait for the Customer to come forward. It is therefore important for payments by bank transfer or cheque that the order references are specified. FILLEULE DES FÉES reserves the right to refuse any order from a Customer with whom there is a dispute.
6. Delivery
Delivery will be made by the Post Office, or by another service provider. FILLEULE DES FÉES alone decides on the method of delivery. In the case of delivery by the Post Office, if the Customer is not at home on the day of delivery, he has fifteen days to collect the parcel from his Post Office. After this period, the parcel will be returned to FILLEULE DES FÉES and the Customer will again have to pay the delivery costs in order for the order to be re-sent to him. In the case of delivery by another carrier, if the Customer is not at home on the day of delivery, the delivery person will leave a calling card. The Customer must then contact the delivery agency again to reschedule a new delivery. The Customer will receive an e-mail indicating the date on which the order will be dispatched. Delivery times are given as an indication, and any delays may not entitle the Customer to claim damages. However, if these delivery times exceed those announced, the Customer must inform FILLEULE DES FÉES in order to proceed with a check with the carrier appointed.
7. Disputes
This contract is subject to French law. FILLEULE DES FÉES cannot be held responsible for any damage of any kind, whether material, immaterial or physical, which may result from the malfunctioning or improper use of the products marketed. The same applies to any modifications made to the products by the manufacturers. The liability of FILLEULE DES FÉES shall in any event be limited to the amount of the order and shall not be held liable for simple errors or omissions which may have occurred, despite all the precautions taken, in the presentation of the products. In the event of a dispute, the search for an amicable solution will always be preferred.
8. Guarantee
The seller is bound by the legal guarantee of conformity set out in Articles L.217-4 to L217-12 and the guarantee relating to defects in the goods sold, under the conditions set out in Articles 1641 to 1648 and 2232 of the Civil Code.
Article L217-4 The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.
Article L217-5 Goods conform to the contract: If they are fit for the use normally expected of similar goods and, where applicable : – if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer may legitimately expect given the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; – or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.
Article 1641 The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.
Article 1648 An action arising from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be relieved of the defects or apparent lack of conformity.
9. Legal information
The personal information collected for the purposes of distance selling is compulsory, as this information is essential for the processing and delivery of orders, the preparation of invoices and warranty contracts. Failure to provide this information will result in the order not being validated. The Customer has the right to access, modify, rectify and delete data concerning him/her (article 34 of the law of 6 January 1978). Furthermore, FILLEULE DES FÉES undertakes not to communicate, whether free of charge or in return for payment, the details of its Customers to a third party.
Update date: 27/09/2021
FILLEULE DES FÉES 112 Hent er Baradouiz, Trébihan 56440 Languidic, France