General Conditions of sale and use

General Conditions of sale and use

Part 1 : Condition of use

SECTION 1 - Who are we ?

The company ROSE BARTH, is a Limited company with a capital of 1 000 Euros, registered with the register of commerce and companies of Strasbourg under the number 51006659000017, whose intra-community VAT number is FR 47 510 066 590.

Contact us :

  • By phone : 03 88 71 40 51, call non-premium Monday to Friday from 9h to 12h and from 14h00 to 17h00.
  • By email : r o s e r i e b a r t h [ a r o b a s e ] o r a n g e . f r (without space). We strongly recommend that you write to us via our contact form.
  • By email : from your customer account, once authenticated.
  • By mail : Rose Barth - 4 rue des Prés 67440 LOCHWILLER, France

ARTICLE 2 - Definitions and Terminology

For the understanding and simplification of some of the terms used herein, it is determined that :

"Website" means our internet site www.roseraiebarth.com

"Services" : means a set of web content which aims the exchange, the publication of information as well as the sale of products and services.

The "Client" : means a natural person who uses the Services

The "Company" refers to our company

ARTICLE 3 - Scope of application

It is specified beforehand that the present conditions govern the use of the Site. These conditions apply to the exclusion of all other conditions, notably those in vigor for the sales in-store or on-line.

Our Services are varied, there may be additional terms and conditions or specific to some of them (blog or forum) shall apply. These additional terms will be made available to you with such Services and shall be accepted prior to their use.

ARTICLE 4 - Access to Services :

Our Services are available free of charge to any Customer with access to the internet. All costs relating to access to Services, hardware, software or internet access are exclusively at the expense of the latter. It is only responsible for the good functioning of his computer equipment and his internet access.

We put all the means in order to ensure better quality of access to Services, without being bound by an obligation of result. Some Services may be temporarily unavailable when there are changes in our computer systems. The Client is then warned by a page explicit.

Our Services are hosted by :

OVH
Head office : 2 rue Kellermann - 59100 Roubaix - France
SAS au capital de 500 000 €
RCS Roubaix – Tourcoing 424 761 419 00011 / TVA : FR 22 424 761 419
Code APE 6202A
Phone : 08.20.32.03.63

SECTION 5 - Declaration to the CNIL

In application of the law n°78-17 of 6 January 1978 modified, concerning computing, files and freedoms, the Site has been the subject of a declaration to the Commission Nationale de l'informatique et des Libertés (CNIL) under the number 1381310.

The information collected is subject to computer processing intended for the Company, as the responsible for the treatment for administrative and commercial management.

According to the law "computing and liberties" of 6 January 1978 amended in 2004, you have a right to access and rectify the information which concern you.

You can also oppose the processing of data about you.

All of these rights can be exercised with the Company by mail along with a copy of an identity with a signature or email to the contact details mentioned in the article 1.

ARTICLE 6 - intellectual Property

The entire Site (content, images, text, illustrations, etc..) is the exclusive property of the Company.

These files are saved with CopyrightFrance.com - SARL General electronic publishing, 22 rue du Vallot - 27240 LE SACQ FRANCE.

The reproduction or representation, integral or partial, of pages, data and any other element constituting the Site, by any process or medium whatsoever, is prohibited and constitutes, without the prior and express authorisation of the Publication Director of the Company, an infringement sanctioned by articles L335-2 and following of the French Intellectual Property Code.

Similarly, any use of the content and Site for illegal purposes will be the subject of legal proceedings against offenders.

By way of exception, Epsylone has all rights of reproduction, representation and adaptation for the legal duration of protection of copyrights of some contents that are the property of their respective authors.

The content of the website is subject to the law applicable in France. In case of dispute, only the courts of Strasbourg shall have jurisdiction.

ARTICLE 7 - personal data

By navigating on our website, you may be asked to provide personal data that concern you or that are related to a third party. This collection is done when :

  • you are browsing the Site,
  • you create an account,
  • you make an order on the Site,
  • you contact the customer service department,
  • you sign up to the newsletter,
  • you share a page or an offer with a friend by sending an e-mail,
  • you share a page or an offer through a social network.

The data collected are subject to computer processing intended for the Company, and may be passed on to companies and subcontractors, and its service providers, located in the European Union, which the Company appealed within the framework of the execution of orders and provision of services offered via the Site.

By providing your personal data, you can be informed of the offers of the Company, in the form of newsletters or emails with personalized offers of products and services. If you no longer wish to receive these offers, you can inform us at any time by mail or by e-mail or via the unsubscribe link contained in each of the commercial emails we send you.

If you have never subscribed to one of our newsletters, you do not receive an email from us outside of those of the processing of your order.

According to the law "computing and liberties" of 6 January 1978 amended in 2004, you have a right to access and rectify the information which concern you.

You can also oppose the processing of data about you.

All of these rights can be exercised with the Company by mail along with a copy of an identity with a signatur, by email to the contact information in section 1, or via our contact form.

ARTICLE 8 - The data relating to the consultation of the Site

Certain non-personal information may be collected during your navigation on our Site, via cookies.

Cookies are text files that we transfer to your device. They are used to :

  • Identify you when you log in to our Site so you can login to your customer account, place orders, or access to additional Services
  • Keep items saved in your shopping cart to the order and/or form on the Site.
  • Establish statistics and volumes of frequentation and use of the various sections of the Site.
  • Provide advertisements, in connection with our offerings of products and services, on our Site and third party sites dependent on advertising.

We would like to present you relevant advertisements possible. In this respect, cookies help to inform us about the ads you see, on which you click, and other actions that you perform on the Site or other internet sites.

We do not provide personal information to advertisers or to third-party sites that display our ads based on your interests.

When you browse the Site, cookies issued by the traffic analysis system Analytics will be installed on your terminal.

You can disable this feature by following the instructions here.

ARTICLE 9 - cookies

During your first visit, a headband, giving you access to the page "data Protection", also tells you that by continuing to navigate our Site, you consent to the cookies.

In order to have more information on cookies, we advise you to consult the website of the CNIL (National Commission of Computing and Freedoms) to the address : http://www.cnil.fr/vos-libertes/vos-traces/les-cookies/

You can allow or refuse the registration of cookies in your terminal with the appropriate settings of your internet browser.

Attention : By refusing cookies in your terminal, you will not be able to order on our Website.

The following are the procedures for the most widely used browsers :

ARTICLE 10 - social networks

The Site uses APIs from social networks, including Facebook (www.facebook.fr), twitter (www.twitter.fr) and Google + (https://plus.google.com)

If you use these APIs (for example, buttons "I like" or " Share "), the information related to your navigation on the Website will be transmitted to and registered with the company operating the Social Network.

If you do not want a Social Network links the information collected through our Site, you must disconnect from the Social Network before visiting our Website.

ARTICLE 11 - Links :

The Company expressly disclaims any responsibility for the content of third party sites that subject to their own terms of use and to which links lead to the Site.

ARTICLE 12 - obligations of The Customer

The Customer agrees to :

  • Do not use the Website in a fraudulent manner
  • Ensure that its computer systems are free of viruses or spyware
  • Do not post information to damage the Company in any media.

Part 2 : general sales terms and Conditions

ARTICLE 1 - scope and Modification of terms and Conditions of Sale

The present general conditions of sale apply to all orders placed on the Site.
The Company reserves the right to adapt or modify at any time the present general conditions of sale. In case of modification, it will be applied to each order the general conditions of sale in force at the date of the order, attached as a PDF file to the Customer order confirmation.

ARTICLE 2 - Availability of products

Our offers are valid until they are visible on the site throughout the year, within the limit of stocks available.

The Roses being products "live", the orders will be shipped to the following periods and if weather conditions permit :

- from mid-October to mid-may.

In the event that, subsequent to your order, a product or service become totally or partially unavailable, the Company will inform you by email and/or phone of this unavailability, and give you the option to get a similar product at a similar price or to refund you.

If you have chosen to be refunded, the refund will be made via the payment method selected at the order within a maximum period of 14 days from the request.

ARTICLE 3 - Validation of the orders

To place an order, the Client follows the different steps to control scrolling on the site:
Select the article or articles selected by clicking on the " Add to cart "
Be identified by the heading "contact information" (and for the first time, create an account)
Choose the terms and conditions of delivery for the "delivery" heading.
To move to the next phase, you must confirm that you have read the delivery time by checking the corresponding box.

The summary of your order appears on the screen. Before you complete your order, you need to check the items in the order, including its total price, and where appropriate, to identify and correct errors, and then confirm that you have read the terms and conditions of sale and that you accept them without reservation by checking the corresponding box. You are informed of your right of withdrawal, then you must validate your order by clicking on " I confirm my order and acknowledge that this last requires an obligation of payment ". We would like to draw your attention to the fact that this confirmation of order is binding on you and constitute an irrevocable and unreserved acceptance of your order with payment obligation.

You must then select the payment terms by the heading " payment ".

We will send you an e-mail confirmation of receipt of your order in the shortest possible time.

ARTICLE 4 – Price

The Seller reserves the right to modify the price of the Product at any time. However, unless otherwise stated, the Product price shall be that in force on the date of the Customer's Order

The prices are in Euros All Taxes Included, the VAT rate is 10% rose and 20% on all other products such as pruning shears or some products in the Pink.
At each order are added shipping costs. A simulator postage is offered to you in the "shopping Cart" before registering on the Site.

Special cases :

  • Promotions : Some products can be in promotion over a given period. The promotional rate will then be indicated on the product below the old price crossed out. The promotion period is indicated below the price.

ARTICLE 5 - Terms of Payment and Security

Several payment methods are proposed in order to allow you to finalize your order with the payment method that suits you. All modes of payment by Credit Card are secure.

5.1 - Payment by Credit Card, MasterCard and Visa

The payment is made by credit card on the secure server of the banque Populaire d'ALSACE. This implies that no banking information concerning you forwards through the Website. The order will be recorded and confirmed upon acceptance of payment by the bank.

5.2 - Payment by Credit Card, MasterCard, Visa, American Express, Carte Aurore, Carte Cofinoga, Carte Aurore, and Paypal :

Payment is made via the interface Paypal. You don't need to have a Paypal account if you pay by Credit Card, MasterCard, Visa, American Express, Carte Aurore, Carte Cofinoga and Card Dawn.

5.3 - Payment by Bank Transfer :

You will receive a mail containing the banking information of the Company, that you can use if you access your accounts online, or transfer it to your bank advisor, who will make the Bank Transfer for you.

5.4 - Payment by Phone :

You can validate your order by phone. Once your order is placed, please have your Credit Card, MasterCard or Visa and call our customer service department. The data exchanged remain confidential and are stored on a secure server of the banque POPULAIRE ALSACE LORRAINE CHAMPAGNE.

5.5 - Clause of reserve of property

The products remain the property of the Company until payment in full of the amount of the order.

ARTICLE 6 – Shipments

6.1 - delivery :

The delivery is made to the address specified by the Customer when placing his order.

It is imperative to verify your address before confirming your order. In the case where the delivery address would not be correct or incomplete, the Company shall be entitled to claim payment of new delivery costs.

6.2 - The order tracking :

You will receive an e-mail advising you of the departure of your package from our Website. Some carriers may also send you an email indicating the tracking number of delivery, and possibly an estimated date of delivery.

ATTENTION : due to anti-spam policy of some isps, it may be that these emails arrive in your "junk mail".

You can at any time check the progress of the delivery from your Client area.

6.3 - The shipping costs :

The Company reserves the right to amend shipping costs at any time according to changes in tariff rates from its carriers, but undertakes to apply the rates current which will have been indicated at the time of your order.

The shipping charges for the product accessed are available in the data sheet of the product and submitted by a carrier. A total estimated port charges in case of purchase of several products is available in the shopping cart, before registration on the Site.

The port fees are available on the page delivery

6.4 - reservations use related to transportation :

The Customer must check the contents of the parcel and, if it observes anomalies (defective packaging or has been opened, missing product, damaged product, etc), make reservations, detailing the possible anomalies on the delivery note before signature.

It may then refuse the package against the delivery of a "statement of fault or of spoliation" by the carrier. The Customer shall notify the Company of any incident (reserves, refusal of delivery) by phone or in writing as soon as possible. This procedure is independent of the one relating to the legal guarantee of conformity, as referred to in articles L. 211-4 to L. 211-13 of the French consumer Code and the defects of the thing sold under the conditions provided for in articles 1641 to 1648 and 2232 of the civil Code.

ARTICLE 7 - delivery Time

Orders are processed every working day until 12: 00 pm and are dispatched according to their order of arrival.

The time of delivery of the product accessed are indicated in the data sheet and take into account the time of preparation of your order.

When choosing a carrier, we remind you of the delivery time of your articles for each carrier.

Note : once the order is confirmed, a delivery date, stating the day of delivery will be available on your Customer account online as well as in the order confirmation email.

However, in case of bad weather conditions (frost, heat, drought) our company reserves the right to delay and to postpone the shipment of your package if we believe that the shipment may be detrimental to our products. You will be informed as soon as possible of this decision and we will decide by mutual agreement a new date of dispatch.

In the case of non-compliance by the Customer of appointments with the postal service and/or the carrier designated by the Seller for delivery of the package, any extra costs shall be borne by the Customer. In the case where the package is not removed in the allotted time, it would be returned to the Seller, the shipping costs (go and return ) will be at the sole expense of the Customer.

ARTICLE 8 – Invoicing

A detailed invoice will be available in your Customer area.

ARTICLE 9 - Right of withdrawal

In accordance with article L121‐21 of the French consumer code, you have a period of fourteen days to exercise your right of withdrawal begins from the receipt of your order. Once this period has expired, you no longer have this right of withdrawal. The purchaser can then get the choice of either a credit or a refund of the amount of the order, or the exchange of products.

The exercise of the right of withdrawal terminates the obligation of the parties to execute the contract.

In accordance with article L121‐21-3 and following of the consumer code,you must return at your expense the(s) product(s) within 14 days of your notification of withdrawal.

You can return products by Post (prices available on the web site of the post) or any other means of delivery to : ROSE BARTH 4 Rue des Prés 67440 LOCHWILLER

The refund will be made by the same method of payment used when ordering.

However, in application of article L. 221-28 of the French consumer Code, the right of withdrawal does not apply to Products likely to deteriorate or expire rapidly, such as plants.

ARTICLE 10 - Warranty-Recovery

The orders are prepared and packaged the day of shipment.

To be able to benefit from the guarantee of recovery of our rose bushes, it is imperative to retain the purchase invoice for the product (you find it on your Customer space, line) + the warranty label of authenticity attached to each foot of rose bush or keep the e-mail confirmation of order or, if you no longer have these items, contact us giving us your full contact details.

Some roses may look defective or unhealthy because they are shipped during their dormant. Despite this appearance, these plants are in good condition. It should be planted by removing eventually the parts blacked out or damaged ; they will resume normally.

A record of planting material is provided in each package. The respect of these indications can ensure a good recovery of our rose bushes. The Rose garden of BARTH cannot be held responsible for bad weather and/or geological ground in which the plants are intended, as well as the poor conditions of plantation which would be detrimental to the good development of the plants. All requests for replacement of roses will be discussed with our professionals to resolve technically and commercially the problem. It will be asked by the Rose garden BARTH provide detailed pictures of the plants concerned, and, if applicable, a request for the return of the rosebushes defective may be made to the customer.

The Seller guarantees the recovery of vegetation of all the plants until the June 30 following the date of invoice.
Any article showing a defect within this period shall be replaced at the right time of planting or when the product will be again available and at the latest the following season. In case of impossibility, a be is established. This warranty does not apply in cases of force majeure, independent of the quality of the Product.

In case of failure of recovery higher than 50% of the roses ordered, given the quality of the Products, the Seller considers that a loss may result from a plantation of deficient, inadequate care, or culture conditions that are incompatible with the needs of the plants, or to particular incidents that release the responsibility of the Seller.

Roses free, the deliveries outside metropolitan France, or made to professionals, communities and / or invoiced by third parties, are not affected by this money-back guarantee.

 

ARTICLE 11 - applicable Law and Disputes :

The present general conditions of sale and the contract of sale are subject to French law.

In case of difficulties related to the formation, interpretation, performance or termination of this contract, the buyer has the possibility, before any legal action to seek an amicable solution, including with the assistance of a consumer association, or a professional organization of the branch, or of any other council of his choice. In addition, we invite you to contact our Company to find an amicable solution. In the absence of alternative to litigation, the dispute will be brought before the competent courts in common law conditions.

ARTICLE 12 - Our contact details

Contact us :

  • By phone : 03 88 71 40 51, call non-premium Monday to Friday from 9h to 12h and from 14h00 to 17h00.
  • By email : r o s e r i e b a r t h [ a r o b a s e ] o r a n g e . f r (without space). We strongly recommend that you write to us via our contact form.
  • By email : from your customer account, once authenticated.
  • By mail : Rose Barth - 4 rue des Prés 67440 LOCHWILLER, France