Article 1 - PREAMBLE
1.1 Site editor
Cook'ingarden.fr is a website published by GARDEN MAX, S.A.S with capital of €400,000, headquartered at 121 Allée Hélène Boucher, 59118 Wambrechies, registered in the Lille Métropole Trade and Companies Register under number 332 174 945, intracommunity VAT number FR 03332174945, which offers a range of barbecues, planchas, sideboards and barbecue accessories for sale.
Sales on the cook'ingarden.fr website are exclusively reserved for individuals, non-traders, of legal age and with the legal capacity to contract.
GARDEN MAX can be contacted by :
- Telephone: 03 20 68 57 57
- Mail: [email protected]
1.2 Scope of application
These terms and conditions apply to all sales made through the cook'ingarden.fr website and are intended to define the rights and obligations of the parties in the event of the online sale of products from the cook'ingarden.fr website.
Placing an order on the https://cookingarden.fr/fr/ website implies unreserved acceptance of the general terms and conditions in force on the day the order is placed. They govern all the steps involved in placing an order online, and can be downloaded from the https://cookingarden.fr/fr/ websitein PDF format or printed for conservation purposes.
1.3 Modification of general terms and conditions
GARDEN MAX reserves the right to adapt or modify the general conditions at any time. However, the version of the general conditions of sale in force on the day the order is placed shall apply to online sales.
Article 2 - OUR PRODUCT OFFERS
Our offers are valid as long as they are visible on the https://cookingarden.fr/fr/ website and while stocks last. Product prices are given on the product sheets, excluding delivery costs.
In the event, however, after your order, it turns out that a product is no longer available, GARDEN MAX will notify you by email. You will have the opportunity to cancel your order and be refunded the price of the product unavailable or to be delivered a product equivalent to that ordered or if a later delivery is still possible, to be delivered within the time indicated.
Article 3 - ORDERING
Orders from GARDEN MAX are made directly from the https://cookingarden.fr/fr/ site. No orders by fax, mail or email will be taken into account. In order to place an order on the site https://cookingarden.fr/fr/, it is necessary to create an account, identifying yourself with a valid email address and a password that are personal to you.
Once you have logged in, you can select the products offered for sale on the https://cookingarden.fr/fr/ website by adding them to your basket. You will be asked to confirm your order after selecting the products and correcting the contents of your basket. In the event of a peak in activity, the volumes indicated may need to be updated within a maximum of 72 hours.
Before validating your order, you will be asked to read and accept these terms and conditions of sale by ticking a box. You are reminded that validating your order implies payment of a price. Confirmation of acceptance of your order therefore takes place by double-clicking, indicating your consent to the order and to the resulting contractual terms and conditions, as well as to the general terms and conditions of sale.
Once your order is validated, GARDEN MAX sends you an email acknowledging receipt of order stating the products ordered, delivery address and delivery time.
GARDEN MAX reserves the right to refuse the order for a legitimate reason, as defined by case law, in case of unavailability of product, abusive request, evidence of impossibility for the customer to contract or manifest an intent to harm. GARDEN MAX also reserves the right to refuse an order in the case of an obvious typographical error leading to the display of an obvious error on the price.
Article 4 - PRICES
4.1 Product prices
The prices of products sold on the https://cookingarden.fr/fr/ site include the environmental contribution on electrical, electronic and furniture equipment collected on behalf of the organizations responsible for the recovery and recycling of these products. They are expressed in euros, all taxes included.
GARDEN MAX is registered with the Registre National des metteurs sur le marché d'éléments d'ameublement under number FR002955. This number guarantees that GARDEN MAX, by joining Eco-mobilier, complies with its regulatory obligations under Article L 541-10-1 10° of the French Environmental Code.
Payment for products triggers delivery within the time limit set when the order is placed.
4.2 Delivery charges
A contribution to the cost of shipping and processing your order is specified on the order form before the order is validated. The amount of this contribution depends on the number, nature, weight or volume of the products ordered.
4.3 Payment method
Payment for your order may only be made by credit card if it is a French card bearing the CB symbol or if it is an international card bearing the Visa or Mastercard symbol, stating the card number, expiry date, name of the cardholder and the 3 digits used to control the card.
Payments made on our site are secure and encrypted by our module "CM-CIC Payment". The banking data are not known by the company GARDEN MAX, only the payment module "CM-CIC Payment" processes this information.
Article 5 - DELIVERY
5.1 General information
Deliveries are made in mainland France. The applicable delivery time is that shown on the https://cookingarden.fr/fr/ website and depends on the type of product ordered. Our delivery times also depend on transport. Delivery does not include commissioning.
5.2 Place of delivery
Delivery is made to the address indicated when the order is placed, after receipt of the corresponding payment, within the time limit indicated on the site when the order is placed. Our carriers do not deliver on weekends (Saturdays and Sundays) or public holidays. By default, all our deliveries are door-to-door.
GARDEN MAX has chosen to work with the TNT and HEPPNER transport companies. In the event of absence on delivery, these companies apply two different procedures.
TNT :You will receive an SMS from TNT informing you that your package has been dispatched and inviting you to confirm the delivery date. If you do not reply or are absent at the time of delivery, TNT will drop off your parcel at the nearest parcel centre and leave a delivery notice in your letterbox.
HEPPNER:A call and/or SMS will be sent to you to arrange a delivery date. If you are absent on the delivery date, you will be charged a €25 re-delivery fee.
Any error in the delivery address, accessibility of the location, telephone number for making an appointment, absence during delivery with an appointment or any other problem requiring a new delivery may be subject to additional invoicing at the actual cost of the new delivery, the payment of these additional costs alone allowing the new delivery.
5.3 Notion of delivery
Acceptance of packages without reservation implies delivery of complete products in good condition.
If your parcel is delivered to you and looks too damaged for its contents, please refuse delivery to the driver.
If, however, you have not had the opportunity to do so, or if you have nevertheless accepted the parcel, you must make precise handwritten reservations on the delivery note, stating the nature of the damage, take photos of the box on receipt and of the damaged contents, keep a copy and send the copy within 2 working days to GARDEN MAX, Parc du Moulin 236 avenue Clément Ader 59118 Wambrechies.
Otherwise, you will bear, without recourse against GARDEN MAX, any damage related to anomalies or damage that may be found upon delivery and the delivery will be considered consistent with the order. The words "subject to unpacking" are not sufficient. If the goods are damaged, you must refuse delivery and contact customer service to arrange a new shipment of the order.
In the absence of indication of delivery time when ordering and in accordance with Article L.138-1 of the Consumer Code, GARDEN MAX is required to deliver within 30 days of receipt of your payment.
5.4 Non-delivery and refund
In the event of failure to deliver within the agreed or additional period, you may cancel the contract by registered letter with acknowledgement of receipt, or in writing on another durable medium,
If, after having enjoined, under the same terms, GARDEN MAX to make delivery within a reasonable additional period, delivery is still not made, the contract shall be deemed terminated upon receipt by GARDEN MAX of the letter or writing informing it of such termination, unless it has performed in the meantime. Nevertheless, you may immediately cancel the contract if GARDEN MAX refuses to deliver the goods or if it does not perform its obligation to deliver the goods on the date or at the end of the period provided for in the first paragraph of the same Article L. 138-1 and this date or period constitutes an essential condition of the contract for the consumer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request made by the consumer before the conclusion of the contract.
In the event of termination of the contract, GARDEN MAX is obliged to refund all sums paid, at the latest within fourteen days of the date on which the contract was terminated.
Article 6 - RIGHT OF WITHDRAWAL
6.1 Reminder of the right of withdrawal
In accordance with the provisions of Articles L.121-21 et seq. of the French Consumer Code, you have the right to cancel your order within 14 days of receiving it, without having to justify your decision or pay any penalties, but you must bear the cost of returning the goods, which is legally your responsibility.
The 14-day period runs from receipt of the goods ordered by you or a third party other than the carrier, or in the case of an order for goods made up of multiple lots or parts whose delivery is staggered over a defined period, the period runs from receipt of the last lot or part.
6.2 Exercising your right of withdrawal
To inform GARDEN MAX of the exercise of your right of withdrawal, it is your responsibility, before the expiry of the period of 14 days referred to above, to inform GARDEN MAX of your decision in an unambiguous manner.
To exercise your right of withdrawal, you must clearly inform GARDEN MAX in writing to [email protected] or by mail with the following information:
Subject: Withdrawal
Full name :
Address:
Order date
Order number
Signature (if on paper) and date :
In accordance with the law, the burden of proof that the right of withdrawal has been exercised in accordance with these conditions lies with the consumer.
6. 3 Exceptions to the right of withdrawal
You are reminded that, as stipulated in article L.121-21-8 of the French Consumer Code, there are exceptions to the right of withdrawal for contracts including :
"1° Supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's express prior agreement and express waiver of his right of withdrawal;
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
3° Supply of goods made to the consumer's specifications or clearly personalized;
4° Supply of goods liable to deteriorate or expire rapidly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other items".
6.4 Product return following withdrawal
To facilitate the processing of your return, we invite you to notify Customer Service by email at [email protected] in order to obtain a returns number to be displayed on your parcel.
It is your responsibility to return, upon notification of the exercise of your right of withdrawal, without undue delay and no later than 14 days after communication of your decision to withdraw, the product to GARDEN MAX, new, in its original packaging, accompanied by all accessories, manuals or documents accompanying the product.
Products are returned at your expense and under your responsibility, so that any damage caused to the products whose return you request may prevent you from exercising your right. Items returned incomplete, spoiled or damaged will not be taken back or reimbursed.
Before returning, please send a photo of the box by e-mail to [email protected]. GARDEN MAX will be able to validate before departure if the return is in conformity and thus avoid return costs.
Once you have sent us the photo for approval, we will send you the return number to be indicated on the return label.
You can return the product by carrier, at your expense, to the following address: Heppner Logistique, Attn: GARDEN MAX - ZAC les moulins de la lys, Pavé de la chapelle 59116, Houplines 03.20.97.47.17.
6.5 Refund following withdrawal
In accordance with the law, if you exercise your right of withdrawal, GARDEN MAX will refund all sums paid by you, within 14 days of notification of your request.
However, GARDEN MAX reserves the right, in accordance with the law, to defer the refund until recovery of the product or until you have provided proof of shipment of the product, the date being that of the first of these facts.
Please note that in the case of a retraction, you must organize the return by your own means, using the carrier of your choice.
You may return your product if it is undamaged, in its original packaging, has not been assembled or used and has been approved by GARDEN MAX Customer Service.
In case of damage or signs of wear on returned products, GARDEN MAX may refuse refund and the product will be held available to the consumer.
Refunds will be made using the same method of payment you used to place your order.
GARDEN MAX is not obliged to refund any additional costs if you have chosen a more expensive method of delivery than the standard method we offer.
Article 7 - LIABILITY
GARDEN MAX is automatically responsible to the consumer for the proper performance of obligations arising from the contract of sale concluded at a distance, whether these obligations are performed by GARDEN MAX or by others, without prejudice to its right of recourse against them.
However, GARDEN MAX may be relieved of all or part of its responsibility by proving that the failure or improper performance of the contract is attributable either to the consumer, or the fact, unforeseeable and insurmountable a third party to the contract, or a case of force majeure.
It is thus specified that GARDEN MAX cannot be held responsible for a defect or delay in delivery which would result from strikes, climatic conditions preventing the circulation of the vehicles, heavy goods vehicles or trains and which would be similar to a case of absolute necessity.
Article 8 - GUARANTEES
8.1 Reminder of legal warranties
In accordance with the law, you are reminded that for any order of products on the https://cookingarden.fr/fr/ site, you benefit from the rules governing the legal guarantee, namely :
GARDEN MAX would like to remind you of the rules governing Legal warranty of conformity :
Article L.211-4 of the French Consumer Code the seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."
Article L.211-5 of the French Consumer Code to be in conformity with the contract, the goods must :
1° Be fit for the use ordinarily expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."
Article L.211-7 of the French Consumer Code defects of conformity which appear within six months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
The seller may rebut this presumption if it is not compatible with the nature of the good or the claimed lack of conformity."
Article L.211-12 of the French Consumer Code the action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods
Article L.211-9 of the French Consumer Code in the event of a lack of conformity, the buyer can choose between repair and replacement.
However, the seller may not proceed according to the buyer's choice if this choice would entail a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In this case, the seller is obliged to proceed according to the method not chosen by the buyer, unless this is impossible
GARDEN MAX would like to remind you of the rules governing Legal warranty against hidden defects :
Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them
Article 1648 of the French Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged of the apparent defects or lack of conformity.
In addition, GARDEN MAX draws the attention of its customers to the fact that, unless otherwise indicated on the item sheets or specific request made to customer service, the products marketed by GARDEN MAX are intended exclusively for a domestic and non-professional use. .
In case of non-compliance with the provisions of this article by the customer, GARDEN MAX reserves the right to refuse any requests for refund of products or implementation of contractual guarantees and the customer will be solely responsible for the use that has been made of products.
8.2 Implementation of the legal warranty
To benefit from the legal guarantee of conformity or the guarantee against hidden defects, contact our Customer Service at [email protected], giving details of your order, payment and delivery.
It is also your responsibility to include a description of the difficulty encountered with your claim, and to attach photographs to illustrate the difficulty.
All warranties are excluded in the event of defects or damage caused by external problems or events, or by accidents that do not comply with the manufacturer's instructions.
Damage caused by weather conditions (rain, wind, hail, etc.) is not covered.
Products modified, repaired, integrated or added by or on behalf of the customer are excluded from the warranty.
Also excluded from the warranty are products that have not undergone normal or reasonably foreseeable use. In the event of damage resulting from improper use of the product, the warranty will be considered null and void and the purchaser will be held liable.
Article 9 - AFTER-SALES SERVICE
GARDEN MAX provides an After-Sales Service to resolve any difficulties encountered with products ordered on the https://cookingarden.fr/fr/ site. We invite you to contact our Service Department at [email protected] describing the difficulty encountered, attaching photos / videos, specifying the type of product ordered, the date of the order and delivery and your contact details so that we can contact you.
Article 10 - PERSONAL DATA
GARDEN MAX is responsible for processing your personal data. The information and personal data you provide to GARDEN MAX and which are collected as part of visiting the site or an order on the site https://cookingarden.fr/fr/ for the purpose of processing and tracking your order, after-sales service for products ordered on the site https://cookingarden.fr/fr/, improving the quality of service, communication of information about offers that might interest you, sales and marketing management of the activity and customer relationship management.
The data and processing carried out are reserved for the use of GARDEN MAX and may be communicated to GARDEN MAX service providers for the same purposes or to commercial partners with your agreement. For the transfer of your data to third parties or subcontractors, security, confidentiality and integrity measures are taken, and additional guarantee measures will be taken in the event of transfer to countries located outside the European Union and recognized by the European Union as having laws guaranteeing adequate protection.
The data retrieved by our various tools is stored by European partners meeting the requirements of the RGPD and international partners (Facebook, BING, Google for example) on servers that benefit from the "Safe Harbor Privacy Principles" data protection.
In accordance with the French Data Protection Act, you have the right to access, oppose, rectify and delete your personal data by writing to us online at [email protected] or by post to GARDEN MAX SAS, Service Client, Parc du Moulin 236 avenue Clément Ader 59118 Wambrechies, stating your full name, address and the purpose of your request.
You have the right to register on the anti-solicitation list.
Article 11 - INTELLECTUAL PROPERTY
The elements of the site https://cookingarden.fr/fr/, whether textual, visual or audio are the property of GARDEN MAX and are protected by intellectual property law. Any reproduction or representation, in whole or in part, must be authorized by GARDEN MAX. Failure to do so may result in civil and criminal liability on the part of the author.
Hyperlinks to the https://cookingarden.fr/fr/ website using framing or deep linking techniques are strictly prohibited.
Article 12 - FORCE MAJEURE
GARDEN MAX can not be held liable for breach of its obligations caused by the occurrence of an event of force majeure as defined by case law.
Article 13 - APPLICABLE LAW AND DISPUTES
These general terms and conditions of sale are governed exclusively by French law, except in the event of mandatory provisions to the contrary applicable by virtue of EC Regulation no. 593/2008 of June 17, 2008 on the law applicable to contractual obligations.
In the event of a dispute, we recommend an amicable solution. Failing this, the courts having jurisdiction under common law, i.e. the courts of the defendant's place of residence, shall have jurisdiction.
In accordance with article L. 612-1 of the French Consumer Code, the consumer, subject to article L.152-2 of the French Consumer Code, has the right to submit a request for amicable resolution by mediation, within a period of less than one year from the date of his or her written complaint to the professional.
This establishment has designated SAS Médiation Solution as a consumer mediation body, by means of a membership registered under number CS001431/2008.
To refer a matter to the mediator, the consumer must formulate his request :
- Or in writing to :
SAS MEDIATION SOLUTION
222 Chemin de la bergerie
01800 SAINT JEAN DE NIOST
Tel. +33 4 82 53 93 06
- Or by e-mail to : [email protected]
- Or by filling in the online form entitled "Contact the mediator" on the website https://www.sasmediationsolution-conso.fr
Regardless of the input method used, the request must contain :
- The applicant's postal address, telephone number and e-mail address,
- The name, address and Sas Médiation Solution registration number of the professional concerned,
- A brief statement of the facts. The consumer will specify to the mediator what he or she expects from the mediation and why,
- Copy of prior claim,
- all documents required for processing the request (purchase order, invoice, proof of payment, etc.)
Article 14 - ECO-PARTICIPATIONS - SINGLE IDENTIFIERS
14.1 GARDEN MAX is registered in the national register of furniture manufacturers under number FR002955_10RGVH. This number guarantees that GARDEN MAX, by becoming a member of Eco Mobilier, complies with its additional obligations under the following regulations article L 541-10-13 of the French Environment Code.
14.2. The unique identifier FR002955_05TOQL, awarded by ADEME attests to GARDEN MAX's registration in the register of producers of EEE, in application of article L.541-10-13 of the French Environment Code. This identifier attests to the company's compliance with its obligation to register with the Register of Producers of Electrical and Electronic Equipment, and to declare to Ecologic that it has placed its products on the market.
14.3. GARDEN MAX is registered with CITEO, a private company specializing in the recycling of household packaging and graphic paper, under the numbers : FR002955_01MWYP for household packaging and FR002955_03OGCR for graphic papers, in accordance with article L.541-10-13 of the French Environment Code.
14.4 GARDEN MAX is registered with Eco DDS, the organization responsible for recycling Specific Diffused Waste, under the number FR002955_07TASZ, in accordance with article L.541-10-13 of the French Environment Code.
14.5. GARDEN MAX is registered with the national register of DIY and garden products marketers under number FR002955_14KQAK. This number guarantees that GARDEN MAX, by becoming a member of Eco Mobilier, complies with its additional obligations under the following regulations article L.541-10-1 14° and R.543-340 of the French Environment Code.