WE ARE HAPPY TO WELCOME YOU TO artena-vegetal.com
(HEREINAFTER REFERRED TO AS THE "SITE")
These General Terms and Conditions of Sale govern the commercial relationship between SAS Artena Végétal (hereinafter referred to as "Artena Végétal") and any person making a purchase on the website (hereinafter referred to as the "Customer"). They apply for as long as they are published online by artena-vegetal.com. The Customer acknowledges having read, prior to payment, the General Terms and Conditions of Sale set out on the website www.artena-vegetal.com. The Customer's acceptance of the General Terms and Conditions of Sale is confirmed by ticking a box on each order: "I accept the General Terms and Conditions of Sale." These general terms and conditions of sale shall prevail over any other terms and conditions contained in any other document, unless expressly agreed in advance and in writing by Artena Végétal. Artena Végétal reserves the right to modify its terms and conditions of sale at any time. In this case, the applicable terms and conditions shall be those in force on the date of the buyer's order.
Customer Service
The Products sold by Artena Végétal are manufactured with care and packaged with caution. However, if they are damaged, the Customer is invited to contact Artena Végétal's After-Sales Service, which will provide recommendations for the proper functioning of the Product.
By email, tocontact@artena-vegetal.com
Cookie
The Customer is informed that when visiting the website, a cookie may be automatically installed on their browser. A cookie is a file that does not identify the user but is used to record information relating to the user's browsing on the website. The purpose of these cookies is to personalize the presentation of the website for each visitor. We also use cookies for advertising purposes. The Customer may decide to refuse the storage of these cookies by configuring their browser.
Product
Photographs, films, videos, diagrams, or drawings of Artena Végétal products are not contractual. The essential characteristics of the products are indicated in their respective descriptions, which are the only contractual source. Artena Végétal reserves the right to change the technical composition of the products without notice, as well as to withdraw them from sale.
Availability
Our product and price offers are valid for as long as they remain online, unless otherwise specified.
Pre-order
The Customer has the option of pre-ordering a Product before it goes on sale. Pre-orders are placed in the same way as any other order, but will only be delivered from the month specified in the Product description.
Order
In order to place an order on the artena-vegetal.com website, it is not necessary to create an account beforehand, but the customer can do so by clicking on "Create an account." Certain information is mandatory and is therefore necessary for processing the Customer's order. The Customer undertakes to provide accurate information. Consequently, in the event of an error in the Customer's contact details, Artena Végétal shall not be liable for the inability to deliver the order.
The Customer may modify the information provided at any time. The information provided by the Customer when placing an order is binding on the Customer.
Placing and confirming an order
To fill their shopping cart, Customers select the desired quantities of products and then confirm their selection by clicking on the "Add to cart" button. On the shopping cart screen, Customers can change quantities or exit the cart and return to the store at any time. By clicking on the "Proceed to checkout" button, Customers can then confirm their shipping and billing addresses. To confirm their order and pay, the Customer must click on the "Pay" button. A summary of the order shows the number of products selected, the delivery cost, and the total amount to be paid. The last screen allows the Customer to enter their bank details. After the order has been validated by the bank payment service, the Customer receives an order confirmation by email. artena-vegetal.com will inform the Customer by email of any stock shortages that may affect their order. artena-vegetal.com reserves the right to cancel any order from a Customer in the event of a breach by that Customer of their contractual obligations in respect of that order and/or the previous order. The information provided by the Customer when placing an order is binding: in the event of an error in the recipient's contact details, Artena Végétal cannot be held responsible for any inability to deliver the product. As artena-vegetal.com is a retail product sales website, Artena Végétal reserves the right not to fulfill orders for large quantities of identical products.
Delivery
Delivery is made either by direct delivery to the Customer or by notification of availability at a postal center in case of absence.
Delivery time
Delivery is made to the address specified by the Customer when placing the order. Artena Végétal undertakes to deliver to the Customer within a maximum of 15 days from the day after the Customer placed their order. Any other delivery times are given for information purposes only; the times indicated on the website are average times usually observed and correspond to order processing times, to which the carriers' shipping times are added.
Delivery delay
In the event of a delivery delay, we advise the Customer to check the status of their order directly online before contacting us, on the carrier's website using the shipping number if available. We invite the Customer to report any delay of at least one week in relation to the average delivery time observed so that we can initiate an investigation with the carrier (investigation times may vary from one to three weeks). If, during the investigation period, the Product is found, it will be immediately re-routed to the address provided by the Customer when placing the order. However, if the Product is not found at the end of the investigation period, the carrier will consider the package lost and Artena Végétal will send a replacement Product at its own expense. If the specified time limit is exceeded by more than 7 days, except in cases of force majeure (carrier strikes, accidents, etc.), the Customer may cancel their order and receive a refund. The Customer must then send Artena Végétal a registered letter with acknowledgment of receipt within 60 working days of the scheduled delivery date. By express agreement, in the event of force majeure (as recognized by French case law), Artena Végétal is released from any liability for delivery. In all cases, delivery within the specified time frame can only take place if the Customer is up to date with their obligations to Artena Végétal, regardless of the cause.
In the event of visible damage to the package, the customer has the option of refusing delivery. In the event of damage during transport, a reasoned complaint must be made to the carrier and to Artena Végétal within 5 days of delivery. In the event of a dispute, the investigation may take up to 21 working days.
All complaints relating to defects in the goods delivered, inaccuracies in quantities, or incorrect references must be sent to Artena Végétal within 72 hours of receipt of the package, failing which the right to complain will cease to apply.
Withdrawal
In accordance with Article L221-18 et seq. of the French Consumer Code, "the consumer has a period of fourteen days to exercise their right of withdrawal without having to justify their reasons or pay penalties, except, where applicable, for return shipping costs and delivery costs." This period begins upon receipt of the Product. When the seven-day period expires on a Saturday, Sunday, or public holiday, it is extended to the next working day. In the event of withdrawal, the Customer is asked to contact Artena Végétal's customer service department to make their return request. The Customer must return the Product in its original packaging, accompanied by any accessories, instructions for use and documentation, the return slip, their customer number and order number, to the following address: Artena Végétal – ESAT LAROCHE – Artena, 4 Chemin du Bois des Côtes, 69530 Brignais, France. The Customer may exercise their right of withdrawal without penalty. In the event of withdrawal, Artena Végétal will refund the amount of the Product and the shipping costs. Artena Végétal will make the refund as soon as possible, and at the latest within thirty days from the date on which the right of withdrawal was exercised. The refund will be made using the same method as that used by the Customer. We invite the Customer to contact Artena Végétal.
Legal warranties
Artena Végétal is liable for any lack of conformity of the goods with the Contract and for hidden defects under the conditions set out in Articles 1641 to 1649 of the Civil Code and Articles L211-4 et seq. of the Consumer Code. Artena Végétal warranties
If the Product is deemed defective by Artena Végétal, Artena Végétal undertakes to offer a promotional code (valid for 1 year) equal to the value of the defective product or part, or to return the defective part. Any delivery costs shall be borne by the customer. Promotional codes issued by Artena Végétal can be combined with current offers but cannot be combined with other current promotional codes. Artena Végétal's warranty is limited to the replacement of the product recognized as defective and which has been used in accordance with the product description. The Customer is required to provide photos of the Product so that Artena Végétal can determine that the Product is defective.
Commercial warranty on plants
In accordance with Article L. 217-15 of the French Consumer Code, Artena Végétal guarantees that the plants comply with their description on the Website and are free from defects for a period of one (1) month from the date of delivery. The Customer understands that this guarantee only applies to plants and not to planters and/or acoustic facades. In the event of non-compliance or defects in the plant purchased by the Customer, Artena Végétal undertakes to replace it free of charge, subject to stock availability and, in the event of unavailability, to offer a plant from the equivalent range.
The replaced Plant will be delivered in accordance with the terms set out in Article 15.4 of the General Terms and Conditions of Sale.
After the aforementioned period of one (1) month and up to six (6) months from the date of the Order, the Customer will also have the option to purchase a "refill" plant from an equivalent range at a reduced price using the promotional code provided upon request from customer service, according to the prices in effect at the time of the Order, and subject to stock availability.
Regardless of the commercial warranty, Artena Végétal remains bound by the legal warranty of conformity mentioned in Articles L. 217-4 et seq. of the Consumer Code and by the warranty relating to defects in the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
Dimensions
Artena Végétal undertakes to comply with the packaging and dimensions provided for information purposes on the Website when ordering the Products concerned, as far as possible. As the plants or other vegetation offered for sale are living organisms, there may be differences between products of the same variety.
Price
The prices listed on Artena-vegetal.com are in euros, inclusive of all taxes and VAT. The price listed on the product page does not include shipping costs, which are displayed in the shopping cart summary before checkout. Artena Végétal reserves the right to modify its prices at any time, it being understood, however, that the price listed on the day of the order will be the only price applicable to the buyer. The prices shown include order processing costs. If you request delivery outside of France, your order may be subject to taxes and customs duties when it arrives at its destination. You are responsible for paying these duties and taxes, and we invite you to check with the relevant authorities in your country.
Payment
The price invoiced to the Customer is the price indicated on the order confirmation sent by Artena Végétal by email. The price of the Products is payable in cash on the day of the order. Payment is made by credit card bearing the CB logo (Visa, Mastercard). The order validated by the Customer will only be considered effective once the relevant bank payment centers have given their approval. In the event of refusal by said centers, the order will be automatically canceled and the Customer notified by email.
Payment by credit card is secured via 3D Secure. The security of card data transmission is ensured by 128-bit SSL (Secure Socket Layer) encryption, and the payment page is hosted on a banking server that guarantees the integrity and confidentiality of the data collected.
Responsibilities
Artena Végétal cannot be held liable for any indirect damages that may arise from the purchase of the Product.
Litigation
These Terms and Conditions are subject to French law. In the event of difficulties in applying this Agreement, the Customer has the option, before taking any legal action, to seek an amicable solution. It is hereby reiterated that seeking an amicable solution does not interrupt the terms of the legal guarantees (conformity and hidden defects). In the absence of an amicable settlement, any dispute shall be settled exclusively by the Commercial Court of Pontoise.
Legal information
Artena Végétal is a brand of Artena Végétal, a simplified joint-stock company (SAS) registered with the Lyon Commercial Court under RCS number 992 399 428, with a capital of €10,000 and headquartered at 43 rue de la Croix Berthet, 69600 Oullins. Its intra-Community VAT number is FR91992399428. Contractual information is presented in French. All elements of this Site (photographs, illustrations, trademarks, logos, icons, etc.) are the exclusive property of Artena Végétal. These elements are protected by French laws and international treaties regarding copyright, trademarks, and related rights. The publication of this Website does not imply a license to use the elements contained therein; such use is subject to the prior, express, and written consent of the owner of these elements. Any reproduction or representation, even partial, by any means whatsoever, carried out without the prior, express, and written consent of Artena Végétal is prohibited and unlawful. Failure to comply with this prohibition constitutes an infringement that may result in civil and criminal liability for the infringer. Any use of the elements of this Site for purposes other than consultation, particularly for public, commercial, or humorous purposes, may be subject to legal action in France and abroad.
Discretion policy
The provision of personal information collected for the purposes of distance selling is mandatory, as this information is essential, in particular:
– The Customer's address is useful at the time of ordering so that the order can be delivered on time. The Customer's telephone number allows delivery drivers and Artena Végétal's Customer Service department to contact the customer to track their order.
– The Customer's email address enables Artena Végétal to confirm the Customer's orders, send invoices, and confirm any responses given by Customer Service over the phone.
This information also makes it easier for Customers to use the Artena-vegetal.com website, as it means they do not have to re-enter information multiple times and can take full advantage of all the features offered by the site. It should be noted that Customers' banking information (credit card number, expiry date) is encrypted by the SSL system. It is inaccessible to third parties. In accordance with the French Data Protection Act, the processing of personal information relating to Customers has been declared to the French Data Protection Authority (CNIL). The Customer has (Article 34 of the law of January 6, 1978) a right to access, modify, rectify, and delete data concerning him/her, which he/she may exercise by contacting Artena Végétal at the following address: Artena Végétal – Customer Service, ESAT LAROCHE – Artena 4 Chemin du Bois des Côtes 69530 Brignais. The Customer must send their signed request accompanied by a photocopy of an identity document bearing their signature. They must also indicate the address to which the reply should be sent. The Customer may also modify their contact details at any time directly on artena-vegetal.com.
