GENERAL SALES CONDITIONS 2023
1- General clauses
Our manufactured products and deliveries are subject to these conditions which prevail over the conditions appearing on the buyer's documents, unless waived by us.
Our items are sold only according to our grouping quantities which are mentioned on our price list, unless otherwise agreed, we round the quantities ordered to the next higher grouping unit.
Small green and flowering plants can be delivered with a container for an additional €3.50 per piece.
Plants on a natural trunk are generally delivered with a container.
Deliveries are made postage due, carriage paid is applied in Metropolitan France (excluding Corsica) for deliveries of a net amount excl. tax greater than €1,200. In any case, pottery, plant arrangements, trees over 3m00 and lawn rolls cannot be shipped free of charge.
For direct deliveries to the end customer, there is no shipment carriage paid. In addition, for any order of less than €300 net excluding VAT, we apply a management fee of €8 excluding VAT.
The delivery times indicated are not contractual and a delay in deliveries cannot give rise to damages. We reserve the right to terminate the contract if it is impossible to deliver as a result of force majeure: strikes, lockouts, war. If the removal is the responsibility of the buyer; in the absence of removal, the seller may take any necessary measure to store the goods at the buyer's expense or to proceed with the delivery after formal notice to withdraw the goods.
All our goods, even shipped carriage paid, travel at the recipient's risk and peril. 48 hours of receipt of the goods, in case it does not arrive in good condition, formulate your protests and reservations by registered letter AR or by bailiff, with the delivering carrier. We draw your attention to the importance of this provision releasing us from liability in the event that, within the legal period, you have not complied with the provisions of the law. In this case, there can be no question for our company to bear the damage or damage that it was up to you to report in the forms and within the time limits provided for by law.
The price is mentioned on the invoices, firm and stipulated exclusive of tax.
The prices are given without commitment of duration and our sales are always made during the day of delivery.
In the event of a contract with deliveries staggered over time, our prices may be revised according to variations resulting from the costs of raw materials, foreign exchange, labor or sea or land transport costs.
Unless otherwise agreed, payments will be made before the order is sent.
In the event of deferred or term payment, constitutes payment within the meaning of this article, not the simple delivery of a commercial paper or a check implying an obligation to pay, but payment on the agreed due date.
52-Penalties for delay
In the absence of payment of one of the deadlines, the others will become immediately payable.
In the event of non-payment on the due date, penalties will be due, in accordance with articles L.441-3 and L.441-6 of the Commercial Code, based on the invoices remaining due, at the rate of three times the legal interest rate in force and a lump sum indemnity for recovery costs of €40.
Any deterioration in the buyer's credit may justify the requirement of guarantees or cash payment, before the execution of the 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 the damage they could cause and their availability.
Any return of product must be the subject of a formal agreement between the seller and the purchaser (transformed and potted plants are not taken back), new condition and in its original box. In the absence of agreement, the returned product would be made available to the purchaser and would not give rise to the establishment of a credit note. The costs and risks of return are always the responsibility of the purchaser. In any case, no return will be accepted 10 days after the delivery date. In the event of an apparent defect or non-conformity of the products delivered, duly noted by the vender, the buyer may obtain reimbursement of the products or free replacement, at the choice of the seller, excluding any compensation or damages.
9- Settlement of disputes.
In the event of a dispute over the interpretation or execution of these conditions, the court of Chartres (28) will have sole jurisdiction, even in the event of a warranty claim, of plurality and notwithstanding any clause to the contrary.