Article 1 – Entire agreement
1.1 These General Terms and Conditions express the entirety of the parties’ obligations. The buyer is therefore deemed to accept them unreservedly. Consequently, we recommend that you read them carefully as they determine the contractual relationships relating to using the Website and the services offered on the Website.
1.2 The seller and the buyer agree that their relationship is determined exclusively by these General Terms and Conditions. The seller reserves the right to occasionally modify these General Terms and Conditions. The General Terms and Conditions applicable to the buyer are those in force on the date of the buyer’s order.
1.3 If a condition of sale were found to be lacking, it would be determined by the current practices in the online sales sector for companies whose head offices are in France.
1.4 The nullity of a contractual clause in these General Terms and Conditions of Sale does not lead to the nullity of the General Terms and Conditions of Sale.
1.5 The temporary or permanent failure to apply one or more clauses of the General Terms and Conditions by the seller does not constitute a waiver on his/her part of the other clauses of the General Terms and Conditions, which remain in effect.
Article 2 - Purpose
2.1 The purpose of these General Terms and Conditions is to define the rights and obligations of the parties within the context of the online sale of goods and services offered by the seller to the buyer, who is a consumer, on the Website www.tiergarten.co. They constitute, along with the order form, the contractual documents enforceable against the parties, to the exclusion of all other documents, prospectuses, catalogues or photographs of products, which are for information purposes only.
2.2 These conditions concern purchases made by consumers located in France and abroad.
Article 3 - Availability and enforceability
3.1 The General Terms and Conditions are available to consumers on the seller’s website where they can be read directly. The buyer acknowledges having had these General Terms and Conditions and all the information listed in article L221-5 of the French Consumer Code communicated to him/her prior to the placing of the order and the finalising of the contract in a clear and understandable manner.
3.2 The General Terms and Conditions are enforceable against the buyer who acknowledges, having ticked the box provided for this purpose, having read and accepted them before placing the order.
3.3 Confirming the order constitutes the buyer complying with the General Terms and Conditions applicable on the day of the order, which can be kept and reproduced in accordance with article 1127-1 of the French Civil Code.
Article 4 - Definition
The terms and expressions used in these General Terms and Conditions have the meaning given below (whether they are used in the singular or the plural):
Article 5 - The products
5.1 The Products sold by the seller on the Website are described by their main characteristics on an individual product page. The photographs illustrating the products are non-contractual.
The Products are devised and designed by the seller. The manufacture of each item is sub-contracted to the seller’s suppliers, as it requires specific expertise and/or tools.
5.2 The seller endeavours to represent and reproduce the Products as faithfully as possible in accordance with the photographic and publication procedures available. However, given the artisanal nature of the Products and the stages involved in manufacturing them by hand, some variations may exist between the description of the Product and the Product itself, particularly concerning the dimensions provided and certain colours that may vary, particularly for Products composed of natural materials such as wood.
The seller therefore cannot guarantee an exact likeness between the description of the Product and the Product itself. If any errors or omissions may have occurred regarding this presentation, the seller cannot be held liable.
5.3 The Products comply with the regulations of the French law in force at the time they are put on the market.
5.4 In certain cases which are highlighted, the product has to be assembled by the buyer.
5.5 The seller reserves the right to add, modify or delete Products on the Website. The seller reserves the right to modify at any time a Product’s material, finish, form, and the appearance more generally. The seller agrees to request the Buyer’s written agreement if it pertains to a Product for which an order is in progress.
Article 6 - The order
6.1 The buyer can place his/her order online using the electronic catalogue and the form therein. The sales offers presented on the website are valid, unless a particular duration is indicated, for as long as the products appear in the electronic catalogue and subject to available stocks.
6.2 So that the order can be confirmed, the buyer must provide the information relating to the delivery mode and method of payment. The buyer must also accept, by clicking where indicated, these General Terms and Conditions.
6.3 Before confirming the order, the buyer can check the order details and the total price. He/she can return to the previous pages to correct any errors and/or modify the order.
6.4 Confirming the order constitutes the buyer’s acceptance of the General Terms and Conditions.
6.5 An email confirming receipt of the order and its payment is sent by the seller as soon as possible.
6.6 The sale is considered definitive:
- after the seller sends the buyer confirmation of the order acceptance via email
- and after the seller receives full payment of the price
6.7 In the event that a Product ordered is unavailable, the buyer will be informed as soon as possible. Cancellation of the order of the Product and any reimbursement will be carried out, the rest of the order remaining firm and definitive. Only Products in perfect condition for resale, sent back in their entirety, in their full and intact original packaging will be taken back.
6.8 Any changes made to the order by the buyer after the order has been confirmed will be subject to the seller’s acceptance.
6.9 In some cases, particularly non-payment, a wrong address or other problem on the buyer’s behalf, the seller reserves the right to freeze the order until the problem is resolved.
6.10 For any questions relating to the tracking of an order, the buyer can contact the seller at the following email address: email@example.com.
Article 7 - Electronic signature
7.1 Providing the buyer’s credit card number online and the final validation of the order will constitute proof of the buyer’s agreement and will constitute:
— requirement to pay the amount due in accordance with the order form
— signature and express agreement to all operations carried out
7.2 In the event of fraudulent use of his/her credit card, the buyer is asked to, as soon as the fraudulent use is detected, contact the seller by email via the following address: firstname.lastname@example.org.
Article 8 – Payment method and Payment security
8.1 The Website offers orders with an obligation to pay, which means that placing an order requires payment from the buyer.
The site has a secure online payment system which means the consumer can encrypt the transmission of his/her bank details. All orders can be paid by credit card on a PayPal page. The seller does not have access under any circumstances to the confidential payment information provided by the buyer. Only PayPal has access to this information which remains inaccessible to third parties, which is why the buyer’s bank details will be requested for each new order. However, the security of information and payments sent over the Internet or via email cannot be guaranteed. The seller cannot be held responsible for damages resulting from the use of electronic methods of communication.
The buyer must have one of the following debit or credit cards: Carte Bleue®, MasterCard®, VISA® or American Express®.
8.2 When the seller receives the payment confirmation, the seller begins processing the order. The seller reserves the right to suspend any handling or delivery of the order in the event of the authorisation of the payment by credit card being refused by officially accredited bodies, or in the event of non-payment. The seller reserves the right to refuse to deliver or honour an order from a buyer who has not paid, in full or partially, a previous order or with whom a payment dispute is in progress.
8.3 In order to verify the identity of the buyer, he/she may be asked to send the seller a copy of their ID and proof of address by fax. In that case the order will only be confirmed after the seller has received and verified the documents sent.
8.4 If however the buyer does not want to use the proposed online payment systems, the seller can agree to take orders directly, payable by cheque or bank transfer. To do so, the buyer must contact the seller at the following address: email@example.com. The order will only be confirmed by the seller after actual receipt of the payment.
Article 9 - Proof of the transaction
Computerised records, kept in the seller’s IT systems in conditions of reasonable security, will be considered proof of communications, orders and payments undertaken between the parties. Archiving of the order forms and invoices is carried out on a reliable, long-lasting medium which can be produced as proof.
Article 10 - Prices
10.1 Retail prices are given in euros and include all taxes. Prices take into account the VAT applicable the day of the order and any change to the applicable VAT rate will automatically affect the price of Products. The prices do not take into account extra delivery, haulier or any potential postage charges. Additional charges are added to the review page before final confirmation of the order and are mentioned on the order confirmation page.
The retail prices given in euros exclude any possible customs charges or any other fiscal or parafiscal taxes payable according to the legislature of the country of delivery, which remain payable by the buyer.
The buyer is asked to gather information from the relevant service in the country of delivery for the goods before confirming his/her order.
10.2 The full price is due as soon as the order is confirmed. The amount paid cannot under any circumstances be considered to be an instalment or deposit.
10.3 If one or more taxes or contributions, particularly environmental, were to be created or modified, whether increased or decreased, this change may affect the retail price of products.
10.4 The seller reserves the right to modify his/her prices at any time, but agrees to apply the prices provided when the order was placed, subject to the Product’s availability at that date.
Article 11 - Non-payment and retention of ownership
Any amount unpaid by the due date bears, without formal notice, interest at the legal rate.
The seller remains the owner of the Products sold until the price has been paid in full. If delivery has already taken place, the buyer agrees, until ownership has been transferred to him/her, to take all relevant measures towards conserving the Products properly and to return to the seller any Product not fully paid for, upon the seller’s request. In which case all expenses will be paid by the buyer.
Article 12 – Delivery times
12.1 Except in the event of force majeure or during times when the online store is closed which will be clearly announced on the site’s homepage, the seller agrees to respect the delivery times given on the Website for each Product.
12.2 For deliveries to mainland France, the delivery time is XX (to be provided according to what is technically possible) working days from the day after the buyer placed the order. PLEASE NOTE: the maximum delivery time is fixed at 30 days after the contract is finalised in accordance with article L 216-1 of the French Consumer Code.
12.3 In the event that delivery of the Product is delayed, the buyer can, after having unsuccessfully given the seller formal notice to fulfil his/her obligation to deliver within a reasonable additional period, terminate the contract by registered post. The seller cannot be held liable. As a consequence, the buyer cannot claim damages of any kind.
The contract is considered terminated when the seller receives a letter informing him/her of the termination, unless the seller has complied in the meantime.
12.4 Complete lack of delivery will bring about the termination of the sales contract by operation of law.
Article 13 - Delivery conditions
13.1 The Products are delivered to the address given by the buyer on the order form. It is up to the buyer to ensure this information is correct. Any parcels returned to the seller because of an error in the delivery address or an incomplete delivery address will be sent again at the buyer’s expense. The buyer can, upon request, have an invoice sent to the billing address and not the delivery address, by confirming this option on the order form. No deliveries will be made to camp sites, hotels, postes restantes or PO boxes.
13.2 It should be noted that the delivery process will only be implemented after payment confirmation from the seller’s bank.
13.3 Delivery is made by directly handing over the Product to the buyer or, failing that, by the seller sending the buyer notice of availability. Buyers in Paris who wish to collect the Products ordered in person should send a request to the following address: firstname.lastname@example.org. The buyer should collect the ordered Product within two weeks from the date of the notice of availability. If the Product is not collected within the given time frame, the seller can, after having given the buyer formal notice to collect the Product and if this notice has had no effect, terminate the order by operation of law.
13.4 When the Product is delivered by a haulier to the address given on the order form, it is up to the buyer to check the condition of the delivered Product in the haulier’s presence and, if applicable, write his/her reservations accompanied by his/her signature on the delivery slip or transport receipt in order to describe any anomalies (missing Product, damaged parcel, broken Product, etc.), or refuse the Product and inform the seller.
The buyer should then confirm his/her reservations to the haulier by registered post at the latest in the two working days following reception of the item(s) and send a copy of this letter by fax or post to the seller at the address given in the website’s legal notice.
13.5 This verification is considered to have been completed when the buyer, or a person authorised by the buyer, has signed the delivery slip.
Article 14 – Delivery and transfer of risk
14.1 The risks of loss of or damage to the Products are transferred to the buyer when he/she takes, himself/herself or via the intermediary of a third person he/she has designated, physical possession of the Product.
14.2 In mainland France, the Products ordered are delivered by an independent haulier, chosen by the seller according to the size and weight of the products ordered. Under these conditions and in accordance with article L216-4 of the French Consumer Code, the Products travel at the seller’s risk. However, if the buyer entrusts the delivery of the goods to a haulier other than the haulier suggested by the professional, the risk of loss of or damage to the goods is transferred to the buyer as soon as the goods are handed over to the haulier.
14.3 For deliveries outside mainland France, please contact the seller in advance by email at the following address: email@example.com in order to arrange the conditions for transport and delivery.
14.4 If the buyer is absent the day of the delivery, the delivery person will leave a delivery notice in the letterbox, which the buyer can use to collect the parcel at the location and within the time frame provided.
Article 15 – Transfer of ownership
Ownership of the Product is transferred to the buyer from the date of delivery, except in the event that the complete payment of the price has not been received by the seller.
Article 16 – Delivery errors
16.1 The buyer must express to the seller, on the day of the delivery or at the latest the first working day following the delivery, any complaints of delivery errors. Any complaint expressed outside of this time frame will be rejected.
16.2 The complaint can be made by the buyer at the following email address: firstname.lastname@example.org.
16.3 Any complaint not made following the rules defined above and within the given time frame cannot be taken into account and absolves the seller of any liability vis-à-vis the buyer.
16.4 When the complaint is received, the seller will allocate it an exchange number for the product(s) concerned and will provide the buyer with the number by email. The exchange of a product can only occur after an exchange number has been allocated.
16.5 In the event of a delivery or exchange error, any product to be exchanged or reimbursed should be returned to the seller in its entirety and in its original packaging, by registered post (Colissimo Recommandé), to the following address:
ATELIER FRETY TIERGARTEN
73-75 rue de la Plaine
The charges for the return will be paid by the seller.
Article 17 - Product warranties
17.1 All the Products provided by the seller benefit from the legal warranty of conformity provided for by articles L. 217-4 to L. 217-14 of the French Consumer Code and the hidden defects legal warranties provided for in articles 1641 to 1649 of the French Civil Code. The regulations relating to legal warranties is provided in APPENDIX 1.
17.2 A buyer who wishes to implement the legal warranty of conformity has a period of 24 months from the delivery date in which to act. The buyer can choose between having the Product repaired or replaced. However, the seller can choose to not proceed according to the buyer’s choice if this choice entails a clearly disproportionate cost compared to the other method, given the value of the goods or the severity of the defect. The seller is compelled to proceed, unless unable to do so, according to the method not chosen by the buyer.
17.3 A buyer who wishes to implement the legal warranty against the hidden defects of the Product sold has a period of 24 months from the discovery of the defect in which to act. In this situation, the buyer can choose between a termination of the sale or a reduction of the retail price in accordance with article 1644 of the French Civil Code.
17.4 These warranties do not cover damage, breakages or malfunctions resulting from the buyer’s failure to respect the instructions for use.
Article 18 - Right of withdrawal
18.1 In accordance with the provisions of the French Consumer Code, the buyer has 14 working days from the date of receipt of the Product by the buyer or a third party designated by the buyer, other than the haulier, to withdraw.
If several goods have been ordered by the buyer and have been delivered separately, the withdrawal period expires 14 days after the date of receipt of the last Product by the buyer or a third party designated by the buyer, other than the haulier.
18.2 To exercise his/her right of withdrawal, the buyer must inform the seller of his/her decision to withdraw by sending, before the given period has expired, the withdrawal form provided at the end of this document or any other written declaration, without ambiguity, expressing his/her desire to withdraw.
This notification must include: the name, geographical address and, where available the telephone number, fax number and email address of the buyer.
18.3 In the event of withdrawal, the buyer should return the Product he/she does not want to the following address:
ATELIER FRETY TIERGARTEN
73-75 rue la Plaine
The Product should be returned as soon as possible and at the latest 14 days after the buyer has informed the seller of his/her decision to withdraw. This right of withdrawal is exercised without penalty, it being understood that the return costs are paid by the buyer. In the event of an exchange, the cost of resending will be paid for by the buyer.
18.4 After receiving the returned goods, the seller will reimburse the buyer for the payments the seller has received, including delivery charges (within the limits of standard delivery charges) as soon as possible and at the latest 14 days after the day the seller was informed of the buyer’s decision to withdraw.
The buyer will be reimbursed by a credit to his/her bank account.
18.5 It should be noted that in the event of a withdrawal after the Product has been used, the buyer is held liable if a depreciation of the Product resulting from handling and use other than that strictly necessary to evaluate the nature, features and proper functioning of this Product is observed by the seller. Only Products in perfect condition for resale, sent back in their entirety, in their full and intact original packaging will be taken back. Any Product that may have been damaged, or has original packaging that has been damaged, will not be reimbursed or exchanged.
Article 19 - Force majeure
19.1 Any circumstances independent of the will of the parties preventing the execution under normal conditions of their obligations are considered to be causes for exemption from the obligations of the parties and results in their suspension.
19.2 The party who invokes the circumstances mentioned above must immediately inform the other party of their occurrence, as well as their disappearance.
19.3 Shall be considered as force majeure are all facts or circumstances which are unstoppable, external to the parties, unforeseeable, independent of the parties’ wishes and which cannot be prevented by the parties, despite all possible reasonable efforts. Are expressly considered events of force majeure or unforeseen events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: obstruction of means of transport or supply, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks beyond the customer’s control.
19.4 The parties will come together to examine the repercussions of the event and agree to the conditions under which the execution of the contract will proceed. If the duration of the force majeure event lasts longer than three months, these General Terms and Conditions may be terminated by the wronged party.
Article 20 - Non-waiver
Failure of the parties to act upon any breach by the other party of any of the obligations mentioned in these General Terms and Conditions cannot be interpreted in the future as a waiver of its right to invoke these Terms and Conditions.
Article 21 - Intellectual property
The Website content (technical documents, drawings, photographs, videos, etc.) are the property of the seller and its partners, the only owners of the intellectual property rights over this content.
The buyers agree not to use this content. Any total or partial reproduction of the content is strictly prohibited and is subject to prosecution.
Article 22 - Data protection
The personal information provided by the buyer is required for processing the order and issuing invoices. It can only be communicated to partners of the seller who deal with the execution, processing, management and payment of orders.
The handling of information communicated via the Website www.tiergarten.co was the subject of a declaration made to the CNIL.
The buyer has the permanent right to access and the right to modify, rectify and oppose information pertaining to him/her. This right can be exercised under the conditions and according to the terms defined in the Website Legal Notice.
Article 23 - Contract language
These General Terms and Conditions were written in French. In the event that they are translated into one or more languages, only the French text shall be admissible in the event of a legal dispute.
Article 24 - Arbitration
In accordance with ruling n°2015-1033 of 20 August 2015 relating to extrajudicial settlements of consumer disputes which came into force on 1 January 2016, the consumer has the right to use arbitration to resolve his/her dispute by mutual consent with the professional seller.
24.1 In the event of a dispute, a prior complaint is necessary. The buyer must contact the seller as soon as possible at the following email address: email@example.com.
24.2 If the complaint is not dealt with satisfactorily or if there is no response from the seller within two months, the consumer can submit his/her dispute with the seller to an arbitrator who will attempt, with complete independence and impartially, to bring the parties together with a view to reaching an amicable solution.
This arbitrator will be: the FEVAD (e-commerce and mail order federation) e-commerce arbitration service www.mediateurfevad.fr
The parties remain free to accept or refuse the use of arbitration and to accept or refuse the solution suggested by the arbitrator.
Article 25 - Applicable law and the court having jurisdiction
These General Terms and Conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This is the case in both form and substance.
In the absence of an amicable agreement, the buyer can begin proceedings with the French court having jurisdiction.
APPENDIX 1 - Provisions relating to legal warranties
French Consumer Code:
Article L217-4: The seller delivers goods that comply with the contract and is liable for any lack of compliance that exists at the time of delivery.
The seller is also liable for any lack of compliance resulting from the packaging, the assembly instructions or the installation when this has been placed under his/her responsibility by the contract or has been carried out under his/her responsibility.
Article L217-5: The goods comply with the contract:
1° If it is suitable for the usual expected use of a similar good and, if applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model
- if it presents the qualities that a buyer may legitimately expect in view of the public declarations made by the seller, by the manufacturer or by his/her representative, particularly in advertising or labelling
2° Or if it presents characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and which the seller has accepted.
Article L217-12: Action resulting from the lack of compliance lapses after two years from the date of delivery of the goods.
French Civil Code:
Article 1641: The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he/she had known of the defects.
Article 1648: An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.
In the case provided for in Article 1642-1, the buyer must bring the action, under pain of being barred, within the year which follows the date on which the seller can be discharged from apparent vices or wants of conformity.
APPENDIX 2 - Withdrawal form
Please only fill in and send back this form if you want to withdraw from the contract.
Addressed to the company ATELIER FRETY, whose head office is situated at 73-75 rue de la Plaine in PARIS (75020), firstname.lastname@example.org,
With this form I am notifying you of my withdrawal from the contract relating to the sale of the Product(s) below:
Buyer’s signature (except when sending via email):