The User has the possibility of placing its order on line starting from the catalog on line on this Web site.
The fact of placing order with the company EARL ROBIN PEPINIERES implies the whole adhesion and without reserve of the purchaser to these general conditions of sale, with the exclusion of all other documents such as prospectus, catalogs, etc. emitted by this one and which have only a pure indicative value.
Consequently, the click of validation of the order implies a full and whole acceptance of the present, without the least reserve.
This click has the value of a digital signature.
The present general conditions prevail on all other conditions of some nature that it is and in particular on possible general conditions of purchase, except however those which would have been expressly accepted by the company EARL ROBIN PEPINIERES.
Any contrary condition opposed by the purchaser will be thus, in the absence of express and preliminary acceptance by the company EARL ROBIN PEPINIERES, inopposable with this last, whatever the moment when it will have been able to be brought to its knowledge.
It is also specified that the fact that the company EARL ROBIN PEPINIERES does not prevail at a given time of any of the provisions of these general conditions cannot be interpreted like being worth renunciation to prevail itself later of the aforementioned provision.
The orders transmitted to the company EARL ROBIN PEPINIERES are irrevocable for the purchaser, except written acceptance of the company EARL ROBIN PEPINIERES.
The online sale of products and services presented in the site is reserved for buyers who reside in the Member States of the European Union, Monaco and Liechtenstein and for deliveries required in these geographical areas.
Any User of the site who does not have a customer number must, prior to placing an order, follow a registration procedure to obtain a customer number.
The buyer who wishes to buy a product or a service on this site must :
- fill in the identification form on which he/she will specify all the requested details and/or give his/her customer number, if he/she has one,
- fill in the online order form giving all the references of the products or services chosen,
- validate his order after having checked it,
- make the payment in the conditions provided,
- confirm the order and payment.
The customer number is personal. Any loss or omission must be reported online to the Seller's services as soon as possible.
The denunciation of the loss or the forgetting of a customer number will automatically lead to the suspension of the orders in progress, with the exception of those already given to the carrier in charge of their delivery.
In all cases, the online provision of the credit card number and the final validation of the order will be considered as proof of the completeness of the said order and will be considered as payment of the sums involved in the order.
This validation is worth signature and express acceptance of all the operations carried out on the site.
However, in case of fraudulent use of his credit card, the customer is invited, as soon as this use is noticed, to contact the customer service of the Vendor.
The contractual information of the order placed by the customer will be confirmed by sending an e-mail to the address indicated by the customer at the time of the order.
Proof of the transaction
The computerized registers, kept in the computer systems of the Vendor under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
It is expressly agreed that, except in the case of an obvious error on the part of the Vendor, the data stored in the Vendor's information system shall have evidential value with respect to orders placed by the User.
The data on computer or electronic support constitute valid proof and as such, are admissible under the same conditions and with the same probative force as any document that would be established, received or kept in writing.
The archiving of purchase orders and invoices is made on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.
Information about products
The products and services offered are those which appear in the catalog diffused in the site of the company EARL ROBIN PEPINIERES.All the efforts were made to ensure of the exactitude of information presented on the site.
The company EARL ROBIN PEPINIERES or its suppliers are nevertheless not responsible for the consequences, incidents, damage resulting from the electronic transmissions, of the exactitude of the information transmitted by electronic way and this, even if it would have had knowledge of the risk of an erroneous transmission of information.The photographs of the catalog are most faithful possible but cannot ensure a perfect similarity with the product offered, in particular as regards the colors.
The photos, descriptions and prices of products have no contractual value.
The Vendor undertakes to honour orders received on the website only within the limits of available stocks of products.
In the event that a product is not available, the Seller undertakes to inform the User as soon as possible.
In case of unavailability of an ordered item, a credit note will be automatically generated for the benefit of the customer who will then be able to choose either another product for an equivalent price, or the reimbursement by lever of an electronic voucher, or the reimbursement by check.
Any error of order on behalf of the customer will be refunded, not by check, but by electronic bonds, to be used on a next order.
In the hypothesis of a permanent unavailability and in the absence of supply of an article of quality and equivalent price, the order will be automatically cancelled.
Prices and shipping costs
The prices displayed on the site are indicated all taxes included in euros, excluding participation in shipping costs, order processing costs and gift wrapping costs and excluding all costs related to the delivery of an item outside French territory.
They take into account the VAT applicable on the day of the order.
Any change of the applicable VAT rate could be reflected on the prices of the products. On the other hand, they do not integrate the taxes and taxes of all natures to which could be subjected the placed order which will have to be paid in addition. In the same way, if one or more taxes or contributions, in particular environmental came to be created or modified, in rise as in fall, this change could be reflected on the selling price of the articles present on the site of the Salesman and the sales documents. The company EARL ROBIN PEPINIERES reserves to modify its prices constantly, being however understood that the price appearing in the catalog the day of the order will be the only applicable one to the purchaser. If, for an unspecified reason, an erroneous price is indicated at the time of a considered order, only the price in force will prevail; in this assumption, the customer will have the faculty to cancel his order, without any penalty.
Terms of payment
The price is due at the time of order.
The payments will be carried out by card; they will be carried out by the means of the protected system cyber plus payment, system of payment with which the national or international bank cards of the customer will have to be obligatory not compatible. By exception, a payment by cheque can be accepted by the company EARL ROBIN PEPINIERES, being here recalled that only the French cheques are accepted. With the request for the purchaser, it could be addressed to him an invoice on paper bringing out the tax on the added value.
Terms of delivery
The products are delivered to the address indicated by the consumer on the order form and only on the geographical zones served.
Any order intended to be delivered in a place away from a town or a road with great communication must be accompanied by a plan and the indications necessary to reach it.
In the event that the place of delivery requested by the purchaser cannot be found or is not accessible, the purchaser is responsible for the plants ordered.
In the event of impossibility of delivery related to the failure of the purchaser, this one will take delivery in the warehouses of the company EARL ROBIN PEPINIERES.
The Salesman commits himself carrying out the deliveries of the ordered articles within (60) days for a delivery in Metropolitan France.this delivery period is however only indicative, the salesman not accepting any penalty or cancellation of contract in the event of delay of delivery, whatever the causes, the importance and the consequences of this delay.For the follow-up of the order in progress, the User can consult the follow-up of order on line.
Complaints - Error of delivery
In the assumption that a purchaser would have to complain about a batch of goods, it will have to formulate near the company EARL ROBIN PEPINIERES, in the three working days of the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications being reproduced on the order form.
Beyond this period, any claim will be inadmissible and rejected as such.
This complaint must be formulated near the company EARL ROBIN PEPINIERES by mail.
Any complaint carried out in violation of the rules defined above and/or without respecting the time limits allowed to do it could not be taken into account and the company EARL ROBIN PEPINIERES will be released from any responsibility towards the customer.
In the event of error of delivery or exchange, any product to be exchanged or refunded will have to be turned over in its whole and in its packing of origin in perfect state.
To be accepted, any return will have to be announced and to obtain the prior agreement of the company EARL ROBIN PEPINIERES before being forwarded.
The expenses of sending are the responsibility of the company EARL ROBIN PEPINIERES, except on the assumption that it would prove that the product does not correspond to the declaration made by the customer at the origin.
Recourse against the carriers
Arrival by time of frost
In the event of arrival by strong frost, to place the parcels without unpacking them in a not heated room.
Frost being a case of force majeure, the carrier is not responsible for the damage it causes, except if the contractual delivery time is exceeded.
Delay in the delivery of products
When delivery times are exceeded, the consignee has a period of three days, not including public holidays, to notify his reasoned protest, by extrajudicial act or by registered letter as the case may be :
- either to the service of the SNCF lines,
- or to the road, sea or air carrier,
- or to the postal service.
The goods travel in all cases at the risk of the buyer even if the products are deliverable carriage paid and whatever the mode of transport, this one is only responsible for the complaints to be made with the arrival.
Without specific instructions from the buyer, the seller chooses the mode of shipment that seems most appropriate to him without assuming any responsibility in this regard, nor admitting any claim concerning the transport.
Where the goods are insured, the consignee must strictly observe the provisions of the insurance policy in the event of damage.
All the products provided by the company EARL ROBIN PEPINIERES profit from the legal guarantee envisaged by the articles 1641 and following of the Civil code.
In the event of nonconformity of a sold product, it could be turned over to the salesman who will take again it, will change it or will refund it.
All the complaints, requests for exchange, refunding must be carried out by postal way with the address of the head office of the company EARL ROBIN PEPINIERES within 30 days as from the date of the delivery, and those with penalty of forclosure.
The customer is expressly informed that the company EARL ROBIN PEPINIERES is not systematically the producer or the manufacturer of the products presented on its site.
No dispute relating to the authenticity of the species or varieties ordered can be received after a period of two years from the date of delivery.
In case of defect affecting the authenticity of the species or varieties, the guarantee will allow, at the user's choice, to obtain the replacement of the article or its full refund at the price invoiced on the date of the order. All articles are subject to this guarantee of authenticity, to the exclusion of any other guarantee, in particular with regard to possible apparent defects.
The seller, in the process of selling online, is only bound by an obligation of means, its responsibility can not be engaged for damage resulting from the use of the Internet such as data loss, intrusion, viruses, disruption of service, or other unintended problems.
In all assumptions, the company EARL ROBIN PEPINIERES excludes any assumption of responsibility under its guarantee or its contractual responsibility of the whole of the indirect and immaterial damage resulting from a nonconformity of the delivery or all damage which could be caused with the delivered products.
In all cases, the responsibility of the Seller could not be engaged in the case where the non-fulfilment of its obligations would be attributable either to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure such as defined below.
For defective items delivered, the User benefits from a guarantee allowing him to return them in accordance with Articles L. 211-4 and following of the Consumer Code.
It is finally specified that the company EARL ROBIN PEPINIERES does not incur any responsibility, nor does it grant the least guarantee, in the hypothesis of a failure of culture.
All the elements of the site of the Salesman, that they are visual or sound, including the underlying technology, are protected by the royalty, marks or patents. They are the exclusive property of the Salesman.
The User who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the Seller's site, must request prior written authorization from the Seller.
In any case, any unauthorized link must be removed upon request from the Seller.
The Seller may, for commercial reasons, transmit to a commercial partner the identity and contact details of the Users of the services.
The User may expressly object to the disclosure of his or her contact information when ordering. To do so, he/she simply needs to indicate this by filling out the contact form on the site.
The User is informed that this automated processing of information, has been declared to the CNIL under number 1612551V0 dated September 3, 2012.In accordance with the amended law of January 6, 1978, the User has a right of access, opposition, and rectification of data concerning him, either directly on the Internet, or by mail by writing to the Seller, at the following address (address to be completed).
Sale to consumers - Right of withdrawal
Buyers, non-professional individuals, have a withdrawal period of seven (7) days from the effective delivery of their order to return products to the seller for exchange or refund without penalty, except for return costs.
All items can be exchanged or refunded except those bearing a contrary mention, for example items that have been customized at the customer's request.
If the new order is for a higher amount, the User will have to join to the exchange request the payment of the remaining amount.
Conversely, if the amount of the exchange is less than the initial amount, the User will receive a letter with a check for the difference upon receipt of the request.
The refund can also be requested within 7 days, after deduction of the fixed cost of processing the order amounting to 30 euros, only in the case of a refund unless special conditions are mentioned on the order form.
In all cases, any request for exchange or refund must be made by post to the Seller's address.
Clause of reserve of property
The products delivered by the company EARL ROBIN PEPINIERES become property of the purchaser only under the express reserve of the integral payment of the price of transfer.
It remains consequently the property of the company EARL ROBIN PEPINIERES until complete payment of the price.
Until this date, the delivered products are in deposit at the purchaser, with the load and the risks of this last.
The Purchaser is considered to have expressly accepted the present clause, any contrary stipulation being considered unwritten.
The Buyer shall not pledge or assign as security the ownership of the goods before full payment thereof.
However, in the event of resale, he shall immediately pay the balance of the price still due to the seller.
He may not pledge the said goods or transfer ownership of them by way of security.
In the event of seizure or any other intervention by a third party, the Buyer is obliged to notify the Seller without delay.
Within the scope of this provision, Buyer shall bear the risk of loss or destruction from the date of delivery of the goods.
The responsibility of one or the other of the parts could not be sought if the execution of the contract is delayed or prevented because of a case of absolute necessity or a fortuitous occurence, because of the fact of the other part or a third party or of external causes such as:
- crop failure,
- strikes, lock-outs, social unrest, administrative decisions
- interventions by civil or military authorities,
- natural disasters,
- water damage,
- interruption of the telecommunication network or the electricity network,
- crop failure,
- bad weather (frost, hail, drought, etc. ....),
- impossibility of normal transport,
- acts of third parties,
- accidents of all kinds,
- breakage of machines,
- any event of a nature to delay, prevent or make economically exorbitant execution of the commitments of the seller.
It is hereby specified that the above list is not exhaustive.
The parties acknowledge that this contract constitutes the entire agreement between them and supersedes any prior offer, provision or agreement, whether written or oral.
No subsequent document, no modification of the contract in any form shall be effective between the parties unless it is in the form of an amendment duly dated and signed by them.
If any of the provisions of this contract should be found to be null and void under a current rule of law or a final judicial decision, it shall be deemed unwritten, without invalidating the contract or altering the validity of its other provisions.
The parties elect domicile at the addresses indicated on the order form for the User and at the address appearing on the site for the Seller.
The present conditions are subject to French law.
Any dispute relating to the conclusion, the execution, the validity or the interpretation of the present conditions or the orders which are the continuation of it will be of the competence of the courts of the jurisdiction of the registered office of the company EARL ROBIN PEPINIERES.
This clause applies even in the event of summary proceedings, incidental demand or of plurality of defendants and some is the mode and the methods of payment.