Article 1 : Preamble
The treatment of any order implies the agreement of these general conditions. Any modification of these general conditions will have to have our approval by written.
Article 2 : Price
The prices are those into force from the date of the order, they are in euros including all taxes.
Article 3 : Delivery period
The delivery period is given as an indication, any delays do not give the right for the purchaser to cancel his order, to refuse the goods or to claim damage interests. The company is released from the obligation of delivery for all fortuitous occurences and /or of circumstances beyond control.
Article 4 : Payment
Our sales must be payed cash with the order. The payments are made by credit card (protected on line payment), or by cheque (To : "Jardins d'Héméra"). In cas of sale to professionals, additional times of payment can be granted. In the event of non-payments of the supposed expiry, delay interests could be applied.
Article 5 : Transport
The goods,outdoor furniture and accessories, travel at the risk of the recipient, whoever the client, including when they are dispatched Franco. It belongs to the recipient, in the presence of the deliveryman, to note the delays, the damage of the products, their number. In the event of reserve and in accordance with articles 105 and following the Trade Code, it is up to the recipients to exert their resort against the conveyors, within the legal terms and time and to inform immediately the company "Les jardins d'Héméra"
Article 6 : Return of goods
In application of the provisions of the L.121-16 article of the Consumption Code, the purchaser has a seven days deadline from the delivery to turn over the product delivered for exchange or refunding, without penalties, except for the expenses of return. Any unpaid port will be accepted. No return will be accepted without prior agreement. The goods will have to be turned over in their original packing.
Article 7 : Property provision (law of the 12/05/80)
The sold goods remain our property until the integral payment of its price. However, the risks related with the aforementioned goods are transferred to the purchaser starting from the handing over of the goods to the conveyor.
Article 8 : Litigations
In the absence of a friendly agreement on the possible disagreements, those exclusively come under the responsibility of the commercial court of our head office.
Article 9 : Delivery
The products are delivered not set up.
Article 10 : Guarantee
The products are guaranteed one year against manufacture vice independently of the application of the legal guarantee against the hidden defects considered by article 1641 of the civil code and within the limit where suitable care will have to be taken during storage and subject to a normal use and maintenance. Wood can be left natural and will turn gray or have to receive the products adapted to preserve its original aspect or to have a waxed or varnished aspect. The metal pieces, except for the assembly screws, are protected by an epoxy resin or a painting For the iron products, the guarantee does not cover in no case the stripes and in a general way, the normal wear. It does not cover either any defects resulting from a bad maintenance or an anormal use of the product. The deterioration of the coating, as well as the possible traces of corrosion on the feet probably resulting from friction on the ground, are not covered: we recommend, according to the nature of the ground, the use of protection cloth pads available in our accessories.
Article 11 : use of personal information
According to the article 27 of the Law n° 78-17 of January 6, 1978, relating to data processing, the files and freedoms, "Les Jardins d'Héméra" have the right to access to the provided informations.