Terms and conditions of saleUn jardin sous les étoiles*.
Between Un jardin sous les étoiles, 27 Eaglemount Crescent, Winnipeg MB R3P1V4 CANADA, a company registered in the Manitoba Register of Companies under BN: 794695940MC001, represented by Ms. Anne-Claire BENOIT-JOFFROY in her capacity as director, duly authorized for the purposes of the present contract
The company can be reached by email by clicking on the contact form accessible via the "Contact Us" page of the site,
Hereinafter referred to as the "Seller" or the "Company".
For one thing,
And the natural or legal person purchasing products or services from the company,
Hereinafter referred to as the "Buyer" or "Customer".
On the other hand,
It was outlined and agreed as follows:
The Seller is a painter and also a publisher of postcards and decoration and well-being products exclusively intended for end consumers, marketed through its website http:// shop.unjardinsouslesetoiles.fr, hereinafter referred to as "the Site".
The list and description of the goods and services offered by the Company can be consulted on the above-mentioned site.
Article 1: Purpose and general provisions
These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller. These General Terms and Conditions of Sale (GTCS) apply to all sales of Products, made through the Company's website, which is an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these Terms and Conditions at any time by publishing a new version on its website. The GTC applicable at that time are those in force at the date of payment (or first payment in the case of multiple payments) of the order. These GTC are available on the Company's website at the following address: https: //shop.unjardinsouslesetoiles.fr/conditions-generales-de-vente/. The Company also ensures that their acceptance is clear and without reserve by putting in place a checkbox and a validation click.
The Customer declares that he/she has read all of these General Terms and Conditions of Sale, and, if applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer meets his/her needs. The Customer declares that he/she is legally capable of contracting under Canadian law or that he/she validly represents the individual or legal entity for which he/she is contracting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Prices
The prices of the products sold through the website are indicated in Canadian Dollars (CAD), all taxes included, and are precisely determined on the pages describing the Products. They are also indicated in Canadian dollars including all taxes on the order page of the products, and excluding specific shipping costs. For all products shipped, the price is also inclusive of all taxes on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not within the Seller's jurisdiction. They shall be borne by the Buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities.
The Company reserves the right to change its prices at any time in the future.
Delivery costs are to be paid by the customer.
The telecommunication costs necessary to access the Company's website are to be paid by the Client.
Article 3: Conclusion of the online contract
The Customer will have to follow a series of steps specific to each Product offered by the Seller in order to complete his order. However, the steps described below are systematic:
➢ Information on the essential characteristics of the Product ;
➢ Choice of the Product and its options, if any
➢ Indication of the Customer's personal data essential to the proper execution of his order (identification, postal address, telephone details, e-mail) ;
➢ Acceptance of these General Terms and Conditions of Sale.
➢ Checking of the control elements and, if necessary, correction of errors.
➢ Follow-up of payment instructions, and payment of the products.
➢ Product delivery.
The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. For the products delivered, this delivery will be made to the address indicated by the Customer.
In order to complete the order correctly, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 4: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the Buyer on the company's website. The Customer certifies that he/she has received details of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honour the Customer's order within the limits of available stocks of Products only. In the absence of such availability, the Seller shall inform the Customer. This contractual information is presented in detail and in French. It is summarised and confirmed when the order is confirmed. The parties agree that the photos of the products offered for sale have no contractual value.
The duration of the validity of the offer of the Products as well as their prices is specified on the Company's website, as well as the minimum duration of the contracts proposed when these relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person who signs the order (or the person who holds the e-mail address provided).
In accordance with the legal provisions regarding conformity and hidden defects, the Seller shall reimburse or exchange products that are defective or do not correspond to the order. The refund can be requested in the following manner:
- Defective product: Sending a registered letter with acknowledgement of receipt illustrated with photos proving the defective nature of the product(s). Upon receipt and validation of this letter, the Company will proceed:
o exchange within eight working days within the limits of available stocks, or
o the refund of the defective product(s) within eight working days by Paypal or etransfer.
- Product not corresponding to the order: the Customer undertakes to return the product to the Company according to the same delivery method as the initial delivery of the product. At the Customer's request, the Company will exchange or refund the product.
o In the event of an exchange, the Company will return a compliant product to the customer within eight working days of receiving the returned product. The shipping costs will be paid by the Company. The cost of returning the original product will be reimbursed by the Company via Paypal or etransfer within eight working days of receiving the returned product.
o In the event of a refund, the Company will reimburse the product(s), the initial shipping costs related to the returned product(s) and the return shipping costs. The refund will be made within eight working days of receipt of the package, in the form of a cheque.
Under no circumstances can the customer ask for a compensation higher than the amount of the price of the product(s) added to the outward and return shipping costs.
Article 5: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 6: Delivery terms
The products are delivered to the delivery address indicated by the Customer when ordering. The delivery time displayed is indicative and does not take into account the preparation time of the order. When the Customer orders several products at the same time, they may have different delivery times if the entire order cannot be sent in a single shipment. The company undertakes to inform the Customer of this particularity by e-mail. In the event of a delay in shipment due to the seller, the Company will warn its client as soon as possible of this delay. The Company shall not be held responsible for any delays or damage to the delivery operated by a third party Company. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email to ensure the follow-up of the order. The Seller reminds that at the moment when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the product delivered.
In case of payment by cheque, the order will be sent after the cheque has been cashed.
Article 7: Availability and presentation
Orders will be processed within the limits of our available stocks. In case of unavailability of an article for a period of more than 8 working days, you will be immediately informed of the foreseeable delivery time and the order of this article can be cancelled on simple request. The Customer will then be able to request a credit note for the amount of the article, or a refund.
Article 8: Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card or PayPal. Cards issued by banks outside Canada must be international bank cards (Mastercard or Visa). The secure online payment by credit card is made by our payment provider PayPal. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the PayPal network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. The commitment to pay by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes the Seller to debit his card of the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately cancelled by operation of law and the order cancelled.
Article 9: Withdrawal period
The consumer has a period of fourteen clear days to exercise his right of withdrawal without having to give any reasons or pay any penalties, except, where appropriate, for the cost of returning the goods. The period mentioned in the previous paragraph runs from receipt for goods or acceptance of the offer for services. The right of withdrawal can be exercised by contacting the Company in the following manner: Sending a registered letter with acknowledgement of receipt stating that the Client wishes to use his legal right of withdrawal.
We inform the Customers that the right of withdrawal cannot be exercised for personalized orders made to measure at the request of the Customer.
In case of exercise of the right of withdrawal within the above-mentioned period, only the price of the product(s) purchased and the shipping costs will be refunded, the return costs remain the responsibility of the Customer. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed as new; they must be accompanied by a copy of the proof of purchase.
In accordance with the legal provisions, you will find below the standard letter of withdrawal to be sent to the following address Un jardin sous les étoiles, Anne-Claire JOFFROY, 27 Eaglemount Crescent, Winnipeg, MB R301V4, CANADA.
Attn: ............................................... the professional shall insert here his or her name, geographic address and, where available, fax number and e-mail address] :
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of goods (*)/provision of services (*) below:
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of the consumer(s) :
Signature of the consumer(s) (only if this form is notified on paper):
(*) Delete as appropriate.
Refund procedure: To be reimbursed, the customer must have sent a letter by registered mail with acknowledgement of receipt to notify the Company of the exercise of his right of withdrawal and have returned the complete product packed. Upon receipt of the registered letter with acknowledgment of receipt and the product, the Company will reimburse the customer for the price of the product and the shipping costs via Paypal or etransfer. The return costs will remain the responsibility of the Client and will not be reimbursed in any way.
Article 10: Guarantees
In accordance with the law, the Seller assumes two guarantees: of conformity and relative to hidden defects of the products. The Seller will refund the buyer or exchange the products that are apparently defective or do not correspond to the order placed. The request for reimbursement must be made in the following manner: The Customer must send a letter to the Company by registered mail with acknowledgment of receipt detailing the defects or non-conformity of the product(s) illustrated with photos that will be necessary for the Company to judge the defective or non-conforming nature of the product. Upon receipt and validation of this letter, the Company will proceed with the reimbursement of the product and the shipping costs via Paypal or etransfer within eight working days.
Article 11: Claims
All claims must be sent by registered mail with acknowledgment of receipt to Un jardin sus les étoiles, Anne-Claire JOFFROY, 27 Eaglemount Crescent, Winnipeg, MB R301V4, CANADA.
Article 12: Intellectual property rights
Trademarks, domain names, products, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited and will be subject to prosecution.
Any use, reproduction, total or partial reproduction of the images: photos, logos, illustrations of the Website for commercial or advertising purposes is strictly prohibited and will be subject to prosecution.
The reproduction of the illustrations on the products sold on the Site is also strictly prohibited, in accordance with the code of intellectual property. Any use of a visual created by Anne-Claire Joffroy that has not been the subject of a prior contract may be subject to a request for remuneration in return for such use.
Article 13: Force majeure
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of an act of God or force majeure that would prevent performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 14: Invalidity and modification of the contract
If one of the stipulations of the present contract were to be cancelled, this cancellation would not entail the cancellation of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.
Article 15: Protection of personal data
In accordance with the law in force, you have the right to question, access, modify, oppose and rectify your personal data. By adhering to these general conditions of sale, you agree that we may collect and use this data for the purposes of this contract.
By entering your email address on our website, you will receive emails containing information and promotional offers regarding products published by the Company. You can unsubscribe at any time. To do so, simply send us an e-mail requesting that you no longer receive e-mail from us.
We monitor traffic on all of our sites. To do this, we use tools such as Google Analytics
Article 16: Applicable law
All clauses in these terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be subject to Canadian law.
In the absence of an amicable resolution, any dispute will be brought before the court of reference.
Dated at Winnipeg, this 7th day of April 2021
*Un jardin sous les étoiles is a registered trademark at the INPI.
Our terms and conditions have been freely adapted from a free template that can be downloaded from https://www.donneespersonnelles.fr