These terms and conditions, governed by French law, constitute the basis of the commercial negotiation and are intended to apply between:
LA BOX A PLANTER, SARL whose variable capital is of €9000, registered in the Trade and Compagnies register of Nantes (FRANCE) under number 822 080 693, hereinafter referred to as “the seller ».
Any person making a purchase on the website www.lafabriqueasachets.com or alternatively by email at email@example.com, hereinafter referred to as “the buyer”.
The buyer declares to be at least 18 years old and to have the legal capacity or to hold a parental authorization allowing him to make an order on the site or alternatively by email.
The subject of the contracts will be the sale, mainly from its website, or alternatively by email, of seed packets.
La Box à Planter, under the name La Fabrique à Sachets, sells personalized seed packets for events.
2. Terms and conditions purpose
The purpose of these terms and conditions is mainly to define the terms of distance selling between the seller and the buyer, from order to payment and delivery.
They regulate all the steps necessary for placing an order and ensure the follow-up of this order between the contracting parties.
They prevail over the conditions of purchase except formal and written acceptance of the seller. Any contrary condition opposed by the buyer will be, therefore, in the absence of express acceptance, unenforceable to the seller, regardless of when it may have been brought to his attention.
The fact that the seller does not prevail at a given time of any of these terms and conditions can not be interpreted as a waiver of any subsequent use of any of these conditions.
The sold products are those which are presented on the website lafabriqueasachets.com and which include a detailed description. These products are offered within the limits of available stocks and as long as they are visible on the site. In case of product unavailability after placing the order, the seller will inform the buyer by email: the order will be automatically canceled and the order will be refunded in full.
In the same way, in accordance with the provisions of Article L. 122-1 of the French Consumer Code, the seller may refuse to contract with a buyer for any legitimate reason, such as the abnormality of the order, bad faith or the existence of an earlier dispute with the buyer.
Unless specifically agreed, the confirmation of the subscription entails for the buyer acceptance of the sales conditions of the seller, the acknowledgment of being fully aware of it and the waiver of his own terms of purchase.
The prices listed on lafabriqueasachets.com are expressed in euros; excluding transport costs that are applied and detailed when ordering. The seller reserves the right to modify his prices at any time: the products are invoiced on the basis of the rates in force at the time of validation of order subject to availability.
The products remain the property of the seller until full payment of the price.
5. Geographical area
The online sale of the products presented on lafabriqueasachets.com is reserved for buyers who live in mainland France, Switzerland and in the European Union; and for deliveries required in this geographical area.
6. Order terms and process
The customer who wishes to buy a product on lafabriqueasachets.com must follow the online ordering process which includes a phase of identification, a phase of verification and validation of the chosen products, a phase of payment in the foreseen conditions and a sentence of confirmation of the order and the payment.
The confirmation of the order entails the acceptance of the present terms and conditions, the recognition of having perfect knowledge of it and the renunciation to take advantage of its own conditions of purchase or other conditions. All data provided as well as the recorded confirmation will be worth proof of the transaction. La Fabrique à Sachets will send confirmation of the recorded order by email which will be worth acceptance of the order.
The order will be processed and sent within the time indicated on the page of the ordered product on the site, upon receipt of the total payment of the order.
La Fabrique à Sachets reserves the right to increase the deadline for sending an order.
The price is eligible for the order. Online payments are made by secure system so that no third party can access the data transmitted on this occasion.
Deliveries are made to the address indicated in the order, within the scope of the geographical limit specified above. The parcels are shipped by La Poste Colissimo according to the delivery costs stated in the order; and delivered in time corresponding to their geographical area. The parcel is deposited without signature in the recipient’s letterbox.
The risks are the responsibility of the buyer when the order has left the premises of La Fabrique Sachets or those of its conditioner if any. The customer is required to check the conformity of the goods delivered at the time of delivery. Any protest relating to damage during transport must be made by reasoned complaint to the carrier within three days of delivery. A copy of this claim will be sent to La Fabrique à Sachets.
No complaint or reservation will be accepted, after reception of the products by the customer, if this one did not respect the procedure detailed above.
The seller is released from any liability in case of breach of contract due to a case of force majeure (strike, fire, flood…).
9. Order cancellation or modification
Given the custom nature of the products sold, the 7-day right of withdrawal does not apply to the goods of La Fabrique à Sachets.
Since the products are specially manufactured for each order, no order cancellation or modification will be taken into account from the validation of this one. However, subject to acceptance by the seller, an untreated order may be modified, canceled or refunded.
10. Guarantees and liability
The seller responds to the lack of conformity existing during the delivery of the product. It also responds to defects of conformity resulting from the packaging, or products.
The seeds provided are germination guaranteed according to the legislation in force. The seller can not be held responsible for the result after germination.
In case of delivery of a non-compliant product, the customer must notify La Fabrique à Sachets as soon as possible by email or post, enclosing to his request a photograph expressly mentioning the damage. In the event of a justified request, the seller undertakes either to exchange the product with another identical product or, failing that, to fully refund the purchaser of the price of the defective product, including the return costs.
These provisions are not exclusive of the right of withdrawal defined in Article 8 of these terms and conditions.
Are excluded from warranty products modified, integrated or added by the buyer or any other person not authorized by the seller.
The warranty will not cover products or services damaged during transport or misuse.
The responsibility of the seller can not be retained in case of breach of contractual obligations due to a fortuitous event or a case of force majeure, as defined by the case law.
The seller can not be held responsible for non-performance of the contract concluded in case of supplier’s stock-outs, force majeure, disruption or total or partial strike including postal services and means of transport and / or communication, flooding, fire.
The customer is held responsible for the information he provides including the delivery address. The seller is not responsible for delivery errors caused by an incorrect address.
The buyer must send any complaints to the seller by email or post reminding automatically the order reference.
12. Force majeure
The seller can not be held liable for breach of contract in case of occurrence of an event of force majeure, as defined by the Civil Code and case law.
13. Personal data
Since 25 May 2018, the new European regulation on the protection of personal data (RGPD) has entered into force. It completes the law « Informatique et Libertés » of January 6, 1978. Its goal: to better control the use that is made of customers’ personal data.
For La Fabrique à Sachets, this is an opportunity to guarantee the security, the protection of privacy and the fair use of personal data of its customers. Therefore, the company is committed to respecting the confidentiality of the personal information collected.
14. Intellectual property
All elements of the site are protected by copyright, trademarks or patents.
They are the exclusive property of the seller.
Any total or partial reproduction, modification or use of these distinctive signs, illustrations, images and logos, for any reason and on any medium whatsoever, without express and prior agreement of the seller, is strictly prohibited. The same is true of any combination or conjunction of these elements with any brand, symbol, logotype and more generally any distinctive sign.
In case of non-compliance with these prohibitions, the seller reserves the right to prosecute offenders.
15. Governing Law and Jurisdiction
These terms and conditions are executed and interpreted in accordance with French law.
In case of dispute, the buyer agrees to contact the seller in priority to try to resolve amicably any dispute between the parties.
In the absence of conciliation, the courts within the jurisdiction of the seller’s registered office shall have exclusive jurisdiction. This clause applies even in summary proceedings, without the clauses attributing jurisdiction that may exist on the buyers’ documents may hinder the application of this clause.
16. Modification of terms and conditions
The seller reserves the right to adapt or modify at any time these terms and conditions. In case of modification, the terms and conditions in force on the day of order will apply to each order.
17. Nullity of a clause of terms and conditions
If an article or a clause of the present terms and conditions had to be canceled, this would not entail cancellation of the entirety of these.
Property: This site is the property of the company La Box à Planter SARL, registered in the Trade and Companies register of Nantes under number 822 080 693.
SIRET number: 82208069300010
Registered office: 1 rue Suffren – 44000 Nantes
Director of the publication: Mrs. Julie Spolmayeur
2 rue Kellermann – 59100 Roubaix – France
Tel: +33 (0) 9 72 10 10 07
CNIL: In accordance with the provisions of the law of 06/01/1978, this site is subject to a prior declaration to the Commission Nationale Informatique et Liberté (CNIL). The declaration number is 2029834.