Dernière modification le : 15/03/2021
Article 1: SCOPE:
Website www.lesjardins.com est édité par la société :
SEL - Les Jardins® (siret 35404425700054)
Siège social : 1115 Rue Rene Descartes - 13857 AIX-EN-PROVENCE-CEDEX 3
Tél. : 04 42 90 45 30 – Mail : email@example.com
These terms and conditions apply to any order placed remotely by a natural person acting in a personal capacity as an SEL – LES JARDINS® customer, either via the LES JARDINS® website at www.lesjardins.com, or via the LES JARDINS® application for smartphones and tablets (hereafter referred to collectively as the ‘Site’), or by telephone on +33 (0)4 42 90 45 30.
These terms and conditions do not apply:
- to professionals, that is to say, any natural or legal person, whether public or private, who acts within the framework of his commercial, industrial, artisan, self-employed, or agricultural activity, or on behalf of another professional. Professionals who wish to order from LES JARDINS® are invited to contact us directly, either by e-mail at firstname.lastname@example.org, or by telephone on +33 (0)4 42 90 45 30.
These terms and conditions are subject to change at any time by LES JARDINS®. You are responsible for consulting them and formally accepting them every time you place an order.
The applicable terms and conditions of sale are those which are shown on the Site at the time of your order, and attached to the e-mail confirming your order.
Any order placed on the Site implies full and unconditional acceptance of the terms and conditions in force at the time of your order.
Article 2: INFORMATION REGARDING PRICE
2.1 Product and service prices
The price of products and services (excluding delivery costs) is that shown on the corresponding product description on the Site. LES JARDINS® reserves the right to change the price of its products and services at any time, in compliance with relevant legislation. All products and services shall be invoiced according to the price in effect at the time your order is confirmed.
Since LES JARDINS® does not hold products permanently in stock, placing an item or service in your shopping basket does not guarantee its availability or price.
For products which are subject to the French ‘eco-contribution’, the prices shown on the product descriptions include this amount.
For information on delivery costs in relation to your order, visit the page concerning delivery costs and options by clicking here, or select a delivery option when your order.
2.2 Reference price
The reference price for products offered on the Site may refer to:
- Our tax-inclusive sale price for the year in progress. Prices are valid from 01/09 to 31/08 of every year, and can be consulted in the “prices” section of our website at www.lesjardins.com
- The cost of a discontinued product, with a discount applied to the initial, tax-inclusive sale price
ARTICLE 3: ORDERING
3.1 Creating an account
The Customer must create a customer account in order to make purchases on the Site. The Customer must provide an e-mail address and password in order to create an account. This information is both confidential and personal, and shall be used as a means of identification for all future consultation of the customer’s account. The Customer shall be solely responsible for the consequences of the use of his account until its closure.
The Customer shall be requested to provide further information for order processing purposes (delivery address and billing address). This information is necessary to manage orders and maintain business relations. Les Jardins shall not be held liable for any data entry errors and ensuing consequences.
All orders must be placed via the www.lesjardins.com website; all other methods, including orders by post or fax, are not accepted.
When placing an order, you must confirm your order by ‘double-clicking’. After selecting your products and/or services, and adding them to your shopping basket, you must:
· Check your shopping basket and, if necessary, correct its contents (e.g., name and quantity of products selected, corresponding prices, delivery method and cost)
· Confirm your order
· Accept the terms and conditions of sale, and your obligation to pay
3.3 Order registration
Once you have placed your order, LES JARDINS® shall acknowledge receipt of your order by sending you a confirmation e-mail containing:
· A summary of your order
· The order number
· The terms and conditions presented herein
This e-mail shall be sent to the e-mail address used to access your customer account. In the event that you do not receive this e-mail, we recommend that you contact our customer service by phone (+33(0)4 42 90 45 30), or by e-mail at email@example.com
However, LES JARDINS® reserves the right not to confirm your order and/or to suspend the order process, even after the confirmation e-mail has been sent (as referred to above), for any legitimate reason, and particularly under the following circumstances:
- your order does not comply with the terms and conditions of sale
- the number of products ordered does not correspond with common customer practice
- outstanding payments for a previous order are still to be made
- litigation regarding the payment of a previous order is still pending
- reliable and consistent evidence leads to suspicion of fraud
3.4 Suspension/Closure of a customer account by LES JARDINS®
In the event that LES JARDINS® notices abnormal customer activity on the Site, with reliable and consistent evidence that leads to suspicion of fraud, LES JARDINS® reserves the right to suspend and/or close the customer account(s) concerned. Should this occur, the Customer shall receive an e-mail from, informing him of the closure of his account. LES JARDINS® reserves the right to take appropriate legal action in order to be compensated for any loss or damage it may have suffered as a result of proven fraud.
ARTICLE 4: Payment methods & invoicing
Payments are due in full from the moment an order has been confirmed, and may be made by credit card (Visa, MasterCard, etc.).
Payment by card: payment is made as soon as the Customer confirms his order.
Payment in « 3 instalments »: payment in «3 instalments » may be made by credit card, in compliance with the general conditions for instalment payments, which you agree to read when placing your order. Click here to consult the general conditions for instalment payments.
Payment via PAYPAL:
LES JARDINS® reserves the right not to offer one or more of the payment methods mentioned above, for any legitimate reason, and particularly under the following circumstances:
- the payment partner no longer offers the service in question
- outstanding payments for a previous purchase are still to be made, or litigation regarding the payment of a previous order is still pending
- reliable and consistent evidence leads to suspicion of fraud
Should you use third-party bank details to make a purchase on the Site, you undertake to guarantee that you have the right to use the payment card which is not in your name.
When placing an order on the Site, you accept that your purchase invoice shall be sent to you in electronic format.
Purchase invoices can be consulted in your customer account at or before the time of delivery.
ARTICLE 5: Delivery
Products ordered on the Site are delivered to the ‘delivery address’ given by the Customer during the order confirmation process. The Customer agrees to receive his products at this address. The Customer is responsible for checking the information he has entered before confirming his order. In the event of an error, LES JARDINS® shall not be held liable for being unable to deliver orders in the given time or conditions.
When you place your order, LES JARDINS® may offer different delivery solutions, depending in particular on the size of your parcel and potential difficulties in reaching the delivery address.
Delivery conditions, costs and times may vary depending on the delivery method you choose. When you place your order, you will be informed of the delivery method(s) available, as well as the relevant delivery time(s) and cost(s).
The total delivery cost will be shown when you place your order.
For the purpose of this article:
- An item is considered as ‘small’ if it weighs less than 30 kg.
- An item is considered as ‘large’ if it weighs more than 30 kg and measures more than 1.20 m when shipped on pallets.
Deliveries are made on appointment only. Your parcel will be delivered to:
- the gate or front door of your house
- the entrance to your apartment block
You are solely responsible for carrying the parcel into your home, unpacking it, and disposing of the packaging.
LES JARDINS® shipping costs:
Shipping costs parcels delivery France
Shipping costs for parcels to Belgium, Luxemburg and the Netherlands
Mainland France, excluding Corsica. Concerning islands off the coast of France, deliveries are made to l’île d’Oléron, l’île de Ré, l’île de Noirmoutier, and the Quiberon peninsula. For all other islands, parcels will be delivered to the ferry terminal.
Online orders can only be delivered to mainland France, excluding Corsica and other islands, and high-altitude resorts with restricted or regulated access.
We deliver in Belgium, Luxembourg, the Netherlands and Switzerland.
The delivery of certain products, access difficulties for delivery trucks, and delivery to certain areas may incur additional charges.
In any event, LES JARDINS® reserves the right to contact the Customer in order to modify the shipping costs of any delivery made by a carrier. In the event of a disagreement regarding the amount of these costs, the sale shall be cancelled, and the order refunded as quickly as possible.
ARTICLE 6: Reception
6.1 Reception of goods
Upon delivery, it is essential that the Customer counts, checks and inspects the condition of the product(s) in the presence of the Deliveryman. Before signing the delivery receipt, it is the Customer’s responsibility to ensure that the item(s) delivered correspond perfectly with his order, and that they are not damaged in any way.
In the event of an anomaly, the Customer must clearly state the nature of his claim on the delivery receipt. His remarks must be handwritten, dated, set down in detail, and accompanied by a signature on the delivery receipt.
In the event of damaged merchandise or missing parcels:
§ Ensure that your claim includes the product reference found on the carrier’s consignment note
§ Have the driver countersign the note
§ Notify the carrier of the damage by registered mail within 48 hours to ensure a proper litigation process
It is important to point out that the terms ‘subject to unpacking’ or ‘damaged boxes’ are not sufficiently explicit to have legal value. The Customer must clearly state the nature of the damage: breakage, deformations, scratches, stains, etc. Furthermore, the Customer must specify if the product packaging is damaged. In the same way, the Customer must specify the nature of any delivery error: incorrect colour, round legs rather than square legs, incorrect reference, etc.
Whenever an error or damage is spotted, it is essential that the Customer refuses the delivery and sends us his claim within 48 hours, by sending an e-mail to firstname.lastname@example.org
Any claim sent after this period shall not be accepted. If the Customer does not make any claims, the delivered item is deemed satisfactory, and shall not be subject to any subsequent challenges or product replacements.
ARTICLE 7: Cancellation period & return of goods
In compliance with Articles L. 221-18 et seq. of the French Consumer Code, you dispose of a period of fourteen (14) working days, with effect from the day following reception of the last item in your order, to exercise your right of cancellation, without having to give reasons or pay penalties.
Should the fourteen (14)-day period expire on a Saturday, a Sunday, a bank holiday, or a non-working day, it shall be extended to the first working day thereafter.
Before returning the item, the Customer must notify customer service of his cancellation, either by e-mail at email@example.com, or by telephone on +33 (0)4 42 90 45 30, specifying the product(s) concerned. A returns form shall be generated to monitor the product’s return.
Products shall be returned at the Customer’s expense and risk. Returns must be made to the SEL – LES JARDINS® company, at the address given on the returns form received by e-mail.
Products must be returned in their original packaging, in good condition, and with any accessories and all documentation included. Articles which are returned incomplete, damaged, or soiled, shall not be accepted.
Your right of cancellation shall be forfeited if the items are damaged while in your possession.
ARTICLE 8: Retention of title and transfer of risk
LES JARDINS® retains title to goods which have been delivered and billed to the Customer until they have been paid for in full. Failure to pay may result in the products being reclaimed by LES JARDINS®.
The aforementioned provisions do not preclude the transfer to the Customer of the risks of loss or deterioration of the products subject to reservation of title, as well as any damage they may incur.
The transfer of risk to the Customer becomes effective upon delivery of the item(s). The same applies to product returns.
During the cancellation period, the Customer is responsible for the products’ safekeeping, and shall face the consequences if they are damaged or destroyed in any way.
ARTICLE 9: Warranty
Our products are guaranteed for a period of 2 years against all manufacturing defects, provided that they have been stored and assembled with due care, and are under normal use and service. This warranty is irrespective of the application of the legal warranty against hidden defects provided for by Article 1641 of the Civil Code and L211-4 et seq. of the Consumer Code.
The consumer may decide to implement the warranty against hidden defects provided for by Article 1641 of the Civil Code, and may then choose between the cancellation of the sale and a reduction in sale price, in accordance with Article 1644 of the Civil Code.
NB: products shall not be fully exchanged if the damaged part(s) can be replaced. Product exchanges shall be made by the dealer or end customer. Only the warranty against manufacturing defects shall apply from the date of purchase by the end customer.
Within the framework of the legal warranty of conformity, the consumer
§ benefits from a period of two years following delivery of the goods in which to take action
§ may choose between product repair or exchange, subject to the expected costs, as provided for in Article L. 217-9 of the Consumer Code
9.2 Warranty disclaimer
The following are specifically excluded from this warranty:
- Changes in the appearance of teak due to its aging: since teak is a living material, cracks may appear in its surface
- Corrosion of stainless-steel parts (tension cables, sun lounger adjustment mechanisms, screws, tension bars) at the seaside or in a chlorinated, closed environment. Stainless steel requires regular maintenance, and any rust spots must be cleaned the moment they appear.
- Parasol ribs
- 300 and 500-lumen solar power blocks
ARTICLE 10: Eco-contributions
Eco-mobilier is a non-profit making organisation approved by the French public authorities. The totality of the amounts received is used to finance the collection and recycling of household furniture waste.
Eco-contributions are applied to all furniture used for sitting or lying on, as well as tables, worktops, and furniture used for storage.
NB: Eco-participation rates are fixed by Eco-Mobilier, and SEL – LES JARDINS® is under obligation to pass on any change in these rates to its customers, in full and without prior notice.
Les Jardins® is registered with the French National Register of Furniture Marketers under number FR 019011. The aforementioned number guarantees that, as a member of Eco-Mobilier, Les Jardins® abides by the statutory requirements of Article L541-10-6 of the Environment Code.
ARTICLE 11: Personal data
Personal information collected on www.lesjardins.com is recorded and kept in computer files by LES JARDINS®, for the purpose of processing your orders.
This information is kept for a period which is at least equivalent to the duration of the product warranty, and does not exceed a maximum of 10 years. It is intended for and used by those departments which are involved in processing your orders.
With your express consent, and not in any other case, we will send you e-mails with information on best offers and product news.
Personal data shall be given to our logistics and transport providers, solely for the purpose of processing your orders, as well as to our e-mail routing provider.
LES JARDINS® employs third parties to analyse the use of its website.
In accordance with the French Data Protection Act, you may exercise your right of access to your personal data and have it edited by contacting customer relations, either by e-mail at firstname.lastname@example.org, or by telephone on +33 (0)4 42 90 45 30.
ARTICLE 12 - Disputes
In the absence of an amicable settlement between parties, any disputes shall fall under the sole jurisdiction of the Commercial Court of Aix-En-Provence, where our company is headquartered.
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