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General conditions of sale

PREAMBLE

The website www.rareplantscollection.com (hereinafter referred to as “the Site”) is published by the company Studio Plantes, EURL with capital of €5,000, whose registered office is at 37 rue du Faubourg de Pierre 67000 Strasbourg, and registered in the Versailles trade and companies register under number 988 680 658.

These General Conditions of Sale are intended to define the rules applicable within the framework of the sale of products marketed on the Site (hereinafter “the Product(s)”),
Between
The company Studio Plantes, and its brand Rare Plants Collection (hereinafter “RARE PLANTS COLLECTION”),
EURL with capital of €5,000, whose registered office is at 37 rue du Faubourg de Pierre, and registered in the Versailles trade and companies register under number 988 680 658 00016
And
Any adult, non-trading natural person, with the legal capacity to contract, domiciled exclusively in the countries delivered by www.rareplantscollection.com (hereinafter “the Customer”) making a purchase of a Product on the Site.
For the purposes hereof, it is agreed that the Client and RARE PLANTS COLLECTION will be collectively referred to as the “Parties” and individually referred to as the “Party”.

These general conditions (hereinafter the “General Conditions of Sale”) govern without restriction the sales of Products made by RARE PLANTS COLLECTION from the Site.
RARE PLANTS COLLECTION reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the Site. The applicable General Terms and Conditions of Sale are those in force on the Site on the date the Customer places the order; it being specified that any order for a Product offered on the Site implies the Customer's full acceptance of the General Terms and Conditions of Sale in force at the time the order is placed.

SECTION 1 - PURPOSE

The purpose of these General Terms and Conditions of Sale is to define the conditions under which the Products are marketed by RARE PLANTS COLLECTION to the Customer. They thus regulate the various stages of the sale: from the placing of the order by the Customer to the delivery of the Product to the Customer.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - THE OFFER

  1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. RARE PLANTS COLLECTION reserves the right to modify and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If RARE PLANTS COLLECTION uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on RARE PLANTS COLLECTION.
  4. All images, specifications and data in the offer are indicative and cannot give rise to any compensation or termination of the contract.
  5. Product images are a true representation of the products offered. RARE PLANTS COLLECTION cannot guarantee that the colors displayed exactly match the actual colors of the products.
  6. Each offer contains information such that the consumer clearly knows what rights and obligations are attached to its acceptance. This concerns in particular:
  • the price including taxes;
  • any shipping costs;
  • how the agreement will be concluded and what actions are necessary for this purpose;
  • whether the right of withdrawal is applicable or not;
  • the method of payment, delivery and implementation of the agreement;
  • the time limit for acceptance of the offer or the time limit within which the contractor guarantees the price;
  • the manner in which the consumer, before concluding the contract, can check the information provided by him in the context of the contract and, if necessary, restore it;
  • any other language in which the agreement may be concluded in addition to French

SECTION 3 - THE ARTICLE

Prices are indicated in euros, all taxes included (the invoice will be issued in euros), excluding delivery costs; it being specified that the value added tax is that in force in metropolitan France on the day the order is validated.
The prices applied are those communicated on the Site and confirmed to the Customer when the order is validated.
Delivery costs are communicated to the Customer on the order summary before validation of the order and are expressed inclusive of all taxes (value added tax applicable in France). These costs are the responsibility of the Customer and are invoiced in addition to the sale price of the Products.
The transfer of risks of loss and deterioration of the Products will be carried out after delivery and receipt of the Products by the Customer.

SECTION 4 - ORDERING AND PAYING FOR PRODUCTS

4.1 PLACING AN ORDER
The Customer places his order by completing the following 5 steps:
Step 1: The Customer selects the chosen Products and adds them to their basket after having selected, where applicable, the desired size and color.
The basket located at the top right of the screen informs the Customer that he has taken the selections into account by indicating the number of Products it contains.
Step 2: The Customer checks the contents of their shopping cart by clicking on "order" to access the order summary. The Customer can then modify their order (Product, size, quantity).
Step 3: once the order has been checked and modified if necessary, the Customer confirms their basket in order to finalize their order by clicking on “order” again.
If the Customer has an advantage code, reserved for the best Customers, he must enter it in the space provided for this purpose in order to benefit from it.
Step 4: Customer enters delivery and billing details.
Except for the date of birth, the additional address and the delivery information, all fields are required to finalize the order; it being specified that unless otherwise indicated by the Customer, the billing address will automatically be the same as the delivery address.
Once the delivery address has been validated, the total amount including tax for the order, distinguishing on the one hand the price due for the Products, and on the other hand the delivery costs, is then indicated in the summary.
If the Customer has already placed an order on the Site, they have a customer account. In this case, they will only need to log in with their email address and password.
The Customer then checks all the information and clicks on “validate” to continue with their order.
The Customer expressly undertakes to provide complete and accurate information. In the event of an error in the delivery address or incomplete information making it impossible to deliver an order, RARE PLANTS COLLECTION cannot be held responsible.
Step 5: Enter your bank details
The Customer will then access the secure payment screen of the RARE PLANTS COLLECTION partner as specified in article 4.3 below.
Payment is made online using one of the following payment methods: Carte Bleue, Visa or Paypal.
The Customer must enter their bank card number, its expiry date and the 3 numbers of the visual cryptogram on the back of their card.
If payment is accepted, the Customer will be redirected to an order confirmation screen on the Site.
In the event of payment failure, the Customer will have up to 3 attempts to re-enter their bank details. After the 3rd refusal, the Customer will be redirected to the Site to a screen informing them of the payment refusal. The Customer will then be invited to contact RARE PLANTS COLLECTION customer service to find out the reasons and find a solution together to finalize the Customer's order.

4.2 ORDER CONFIRMATION
Upon acceptance of the Customer's payment, the Customer will receive an email confirming their order, summarizing all the items ordered, the billing and delivery address and the delivery date.
Validation of the order by the Customer and the order confirmation sent to the Customer by email by RARE PLANTS COLLECTION following acceptance of payment constitute the conclusion of a sales contract between the Parties and acceptance of the General Conditions of Sale.
The Customer having placed an order will have the possibility of printing his invoice by connecting to the Site in the order tracking area provided for this purpose.
RARE PLANTS COLLECTION reserves the right not to validate the order in the event of:
abnormal or abusive claims,
abnormal orders in relation to the quantities ordered,
abnormal or abusive exchanges and returns,
existing dispute(s) with the customer.
The customer service of the website www.rareplantscollection.com is available to the Customer for any questions relating to his order. Customer service is available by email (rareplantscollection.com@gmail.com), from Tuesday to Saturday, from 11 a.m. to 6 p.m. (GMT +1 hour and excluding public holidays in France).

4.3 PAYMENT
The price of the Products purchased is payable in cash, in full on the day the order is placed by the Customer. Payment is made online using the following payment methods (Carte Bleue, Visa, Paypal) at the time the order is validated by the Customer.
Transactions carried out on the Site are secured by the payment system of RARE PLANTS COLLECTION's partner, Stripe, recognized by the main players in the financial world. Stripe being a technical service provider, it does not handle disputes related to orders which are processed directly by RARE PLANTS COLLECTION as specified above or where applicable by the Customer's bank.
The request for authorization to debit the card is made at the time of validation of the order on the Site, except in the event of server unavailability. RARE PLANTS COLLECTION reserves the right to make a new request for authorization to debit in the event that the first request could not be completed due to server unavailability.
In the event of non-payment, an incorrect address or any other problem with the Customer's account, RARE PLANTS COLLECTION reserves the right to block the Customer's order until the problem is resolved.
In the event of fraudulent use of their bank card on the Site, the Customer is invited to contact RARE PLANTS COLLECTION by email at the following address: rareplantscollection.com@gmail.com
Transactions carried out on the Site are secured by the payment system of RARE PLANTS COLLECTION's partner, the company Stripe
All information exchanged to process the payment is encrypted using the SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted, or used by third parties. At no time does the Customer's financial data pass through the RARE PLANTS COLLECTION computer system. Stripe verifies that the connection with the Customer's browser is secure before sending the payment form to the banking institution that carries out the financial transaction.

4.4 ARCHIVING THE ORDER
The order confirmation is recorded in the RARE PLANTS COLLECTION registers, which are themselves stored on a reliable and durable medium. The Customer accepts that the order confirmation is authentic and is considered as proof of the contractual relations between the Parties.

SECTION 5 - DELIVERY

RARE PLANTS COLLECTION undertakes to make every effort to deliver the ordered products within the timeframes indicated during the order confirmation. To ensure these deadlines are met, the Customer must ensure that they have provided accurate and complete information regarding the delivery address.
Any order placed on the Site from Monday to Friday before 3 p.m. will be processed the following Monday. Any order placed on Friday after 3 p.m., on Saturday and Sunday will be processed the following Monday; it being specified that orders placed on a public holiday will be processed the following working Monday.
The Customer will be informed by email as soon as possible of any possible delivery delay. In such a situation, the Customer will also be informed by email of the new delivery times.
Products sold on the Site can only be delivered to the following countries: Metropolitan France, Monaco, and European Union countries. Any delivery restrictions are indicated on the Site, on the product presentation page.
Deliveries are made by La Poste, Chronopost, Mondial Relay, or Colisweb, from Monday to Saturday (depending on the carrier), depending on the option chosen by the Customer when confirming their order.
Delivery times vary depending on the availability of the products ordered, the delivery location and the delivery method chosen.
All information on the conditions of delivery of products (costs, deadlines, terms, possible restrictions, etc.) is available on the Site in our help page.
Products ordered on the Site will remain the property of RARE PLANTS COLLECTION until their delivery to the address indicated by the Customer. All risks related to the products ordered (including the risks of loss and/or damage to the products) will be transferred to the Customer at the time of their delivery.
For orders outside France, when the package intended for export reaches its destination, it is the recipient's responsibility to pay any taxes or customs duties applicable in the destination country. Local authorities can provide you with useful information.

SECTION 6 - RECEIPT OF THE ORDER

Article 6.1 – Legal guarantee:

Rare Plants Collection selects 100% quality products, ensuring they are grown with the utmost care and respect their growing cycle. These conditions are essential for producing healthy, vigorous plants and developing their root network. Our plants are shipped in perfect health.

THE QUALITY-CONFORMITY GUARANTEE:

It is free and covers the quality of our products as well as the conformity of your order. Under no circumstances can it apply to lack of care during planting or routine maintenance (in accordance with the recommendations of the maintenance sheets made available to you free of charge on our blog at this address:
https://www.rareplantscollection.com/

(which we do not include in your packages for ecological reasons).

For any refund request, please send us a written request by email (rareplantscollection.com@gmail.com) accompanied by photo(s) to validate that it is indeed a defect related to the item or the order and not to the planting or other inherent care. Any requests via social networks will not be considered.

We remind you of the importance of the transport method you have selected (see Article "DELIVERY"). It is strongly recommended to choose the Colissimo La Poste 48h method for plants. Under no circumstances, if you have selected the economy mode (i.e. Mondial Relay), could we be held responsible for the freshness of the items concerned if the period of 5 calendar days between the time we entrusted the package to the carrier and the time it was delivered to you was exceeded.

Article 6.2
The Customer is required to check the conformity of the Products received in execution of his order at the time of delivery. Any anomaly concerning the delivery such as:
damaged package,
missing products,
damaged products,
products not conforming to the order,
must be notified within 24 hours of receipt of the order.
This notification will be sent to the site's customer service either by registered mail, by writing to the following address: RARE PLANTS COLLECTION

Plant Studio
37 rue du Faubourg de Pierre
67000 Strasbourg

Either by email at rareplantscollection.com@gmail.com


After this period, no complaints will be accepted by RARE PLANTS COLLECTION, the Products then being deemed compliant.
For any return of a non-compliant Product, the Customer must follow the following procedure:
The Customer must enclose with their package the return slip previously completed and printed using the return form accessible from the customer area – “My Orders” section. No return will be accepted without the said return slip duly completed.
The Products must be returned in their original packaging, with their label and any accessories allowing them to be resold, to the following address: RARE PLANTS COLLECTION

Plant Studio
37 rue du Faubourg de Pierre
67000 Strasbourg


In case of incomplete or damaged return, refund will not be accepted.
The risks and costs of return are the sole responsibility of the Customer.
When non-conformity has been noted, RARE PLANTS COLLECTION will offer the Customer either:
the replacement of the Product(s) at the expense of RARE PLANTS COLLECTION, or
the reimbursement of the price of the order (price of the Products and delivery costs) as well as the costs of returning the non-compliant Product up to the price list (Colissimo delivery without registered mail) displayed by Colissimo and Colissimo International on March 1 of the current year, at the latest within thirty (30) days from the date of sending the notification of confirmation of the non-compliance by the customer service of the com site.
In the event of non-compliance, RARE PLANTS COLLECTION will reimburse all products returned non-compliant, as well as shipping costs incurred, with the exception of taxes and customs duties paid by the customer upon delivery.
Cash on delivery returns are not accepted. Upon receipt of a non-compliant item, RARE PLANTS COLLECTION will reimburse the return postage costs up to the price list (Colissimo delivery without registered mail) displayed by La Poste on March 1st of the current year. The Customer must send proof of the return costs incurred to Customer Service, by email or by post.
In the event of abnormal or abusive complaints, RARE PLANTS COLLECTION may refuse to serve a subsequent order.

SECTION 7 - RIGHT OF WITHDRAWAL

1- Your right of withdrawal

You have the right to withdraw from your present order without giving any reason within 14 days from the day of payment of the order.

a) Exception for perishable products:

For any order of perishable products, in accordance with Article L 121-21-8 4° of the Consumer Code, the right of withdrawal cannot be exercised. This concerns floral products and certain food products, which, due to their perishable nature, are excluded from the right of withdrawal.

b) Non-perishable products:

For all orders of non-perishable products, you have 14 days to exercise your legal right of withdrawal from the date of receipt of your order. To exercise your right of withdrawal, in accordance with legal provisions, you can write to us at contact@rareplantscollection.com.
You then have 14 days after exercising your right of withdrawal to return the product.

2- Terms of exercise of the right of withdrawal

To exercise your right of withdrawal, you must notify us of your decision to withdraw from this order (excluding perishable products and floral transmissions) by means of an unambiguous declaration (letter, email). You can write to us at contact@rareplantscollection.com or send us your withdrawal notification by post to the address below: RARE PLANTS COLLECTION

Plant Studio
37 rue du Faubourg de Pierre
67000 Strasbourg

For the return of non-perishable products (must be in good condition), our Customer Relations department will respond to you as soon as possible and will specify the steps to follow as well as the return address for the products.

You will have to bear the direct costs of returning the product. You must return the product no later than 14 days after you have notified us of your decision to withdraw from this order. Exercising the right of withdrawal gives rise to a refund of the sums paid when ordering as soon as possible and no later than 14 days from the date on which you exercised this right. Only the price of the products and the shipping costs will be refunded, the return costs remaining at your expense. We will make the refund using the same means of payment as that which you used for the initial transaction. This refund will not incur any costs for you. We may defer the refund until we have received the product. However, it is specified that, in the event of total or partial payment by gift vouchers, these cannot be refunded in cash, by check, or by credit card. Reimbursement of purchases made by gift vouchers will be made exclusively in the form of gift vouchers for an amount identical to that paid in this form.

Exceptions to the right of withdrawal after an online purchase

Article L121-21-8 of the French Consumer Code lists all the exceptions to the right of withdrawal. For example, for CDs, DVDs, or software, it is not possible to obtain a refund if the packaging has been removed. The same applies to hygiene or health products that have been unsealed (protective plastic film removed). In the case of travel purchased online, perishable goods (foodstuffs, plants, cut flowers, for example) or custom-made goods, there is no right of withdrawal.

However, exceptionally, if your order has not yet been shipped, and after approval from customer service, your order may be canceled. Please note that a 5% deduction will be made for bank fees and commissions charged for each transaction.

Your refund will not be full because we will charge an administration fee covering in particular the bank charges that we paid when placing your order.

SECTION 8 - LIMITATION OF LIABILITY

Placing an order on the Site implies knowledge and acceptance of the procedures in force on the Internet network, in particular with regard to technical performance, response times, connection times, queries or transfers of information, risks of disconnection, risks of contamination by viruses circulating on the network and, in general, all risks linked to the use of the Internet network.
RARE PLANTS COLLECTION cannot therefore be held liable under any circumstances for any direct or indirect damage resulting from misuse or incident related to the use of the computer, Internet access, maintenance or malfunction of the servers, the telephone line or any other technical connection, the Customer's connection to the Site being made under his/her entire responsibility.

SECTION 9 - FORCE MAJEURE

RARE PLANTS COLLECTION will not be liable for the total or partial non-performance of its obligations under the order placed by the Customer, if this non-performance is caused by an event constituting a case of force majeure as defined by positive law.
In such a case, RARE PLANTS COLLECTION will inform the Customer of the occurrence of such an event within 3 (three) clear days following its occurrence, by email.
After a period of 1 (one) month, and in the event that the event constituting a case of force majeure persists, the order will be cancelled and will, where applicable, be subject to a refund from RARE PLANTS COLLECTION to the bank card used to place the order within a maximum period of 30 (thirty) days.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - APPLICABLE LAW

The General Conditions of Sale are executed and interpreted in accordance with French law. If any of the terms of these General Conditions of Sale are found to be null and void, illegal or unenforceable by a court decision, the other provisions of the General Conditions of Sale shall remain in force.
In the event of a dispute, the customer should contact RARE PLANTS COLLECTION as a priority to obtain an amicable solution and, failing agreement, the Commercial Court of Rennes will have sole jurisdiction.