Our manufacturing and deliveries are subject to the present conditions prevailing on the conditions contained in documents of the purchaser, except from us.
Our items are sold only following our reunification amounts that are listed on our price list, unless otherwise agreed we round the quantities ordered to the upper grouping unit.
Small green and flowering plants can be delivered with a container at a charge of €3 per piece.
Natural stem plants are usually delivered with a container.
31 - Modality
Deliveries are made in postage-due, it is postage applied in metropolitan France (excluding Corsica) for deliveries of more than €900 net. In all cases, cannot be shipped franco: pottery, the compositions of plants, trees over 3 m 00 and turf roll.
For deliveries direct to the final customer, it n ' is not of franco. For orders less than €300 Net, we apply charges of management €8 HT.
32 - Deadlines
The delivery times indicated are not mandatory and a delay in deliveries may give rise to damages. We reserve the right to terminate the contract in case of impossibility to deliver as a result of cases of force majeure: strikes, lockouts, war. If the removal is the responsibility of the purchaser; without removing the seller shall take any measure necessary to store the goods at buyer's expense or arrange for delivery after formal notice of retirement of the goods.
33 - Risk
All our goods even shipped postage travel at the risk and peril of the recipient, we remind that under the provisions of article 105(ou L133-3) of the code of commerce, you must under penalty of foreclosure, within 48 hours of receipt of the goods, where it would not arrive in good condition, make your protests and reservations by registered letter AR or usher feat, near the delivering carrier. We draw your attention to the importance of this provision releasing our responsibility for the case, or within the legal deadline, you have not respected the provisions of the Act. In this case, it cannot be issue for our society to bear the damage or damage that it was noted in the forms and the time limits provided for by law.
The award is mentioned on the invoices, firm and provided duty-free.
Prices are given without commitment of time and our sales are always made in the course of the day of delivery.
In the event of market with staggered deliveries over time, prices may be revised according to the variations resulting from raw material costs, the exchange of transport by sea or land costs or labor.
51 - Modality
Unless otherwise agreed, payments will be made in cash, the command or removal.
In case of delayed payment or ultimately constitutes a payment within the meaning of this article, not the mere delivery of effect of trade or a cheque involving an obligation to pay, but the regulation at agreed maturity.
52 - Delay sanctions
Failure to pay one of the deadlines, the other will become immediately payable.
In the case of non-regulation to the deadline, it will be due in accordance with the blogs L.441 - 3 and L.441 - 6 of the French Commercial Code, penalties for delay on the basis of the invoices outstanding, at the rate of three times the legal rate of interest in effect and a lump sum for costs of recovery of €40.
53 - Guarantees
Any deterioration in the credit of the buyer will be able to justify the requirement of guarantees or a cash settlement, prior to the execution of orders received.
We retain ownership of the property 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 damage to goods sold and damage they could cause and making them available.
Any return of product must be subject to a formal agreement between the seller and the buyer (the products placed in pot in our workshops are not included).
Absence of agreement, the returned product would be held at the disposal of the purchaser and would not result in the establishment of a credit memo. The costs and risks of return are always borne by the purchaser. In any event, no return will be more accepted eight days after the delivery date.
In the event of apparent defect or nonconformity of the delivered products, duly noted by the seller, the buyer may obtain refund of products or free replacement, at the option of seller, excluding any compensation or damages.
In case of different interpretation or execution of these terms and conditions, the Court of Chartres (28) will be only competent, even in the case of appeal lodged, of plurality and notwithstanding any clause to the contrary.