Terms and Conditions of Sale
roseraiebarth.com
1 : Introduction :
Dénomination de la société :
Sarl Roseraie Barth
4 rue des Prés
67440 LOCHWILLER
RCS STRASBOURG Ti 510066590 - N° de gestion 2013 B 2152
Nr TVA : FR47510066590
Capital social de 2000 €
The purpose of the general terms and conditions of sale is, on the one hand, to inform customers about the terms and conditions under which Roseraie Barth sells and delivers the items ordered, and, on the other hand, to define the rights and obligations of the parties in the context of sales by Roseraie Barth to its customers.
Therefore, the general terms and conditions of sale detailed herein apply to all orders placed with Roseraie Barth for all products and services offered.
Roseraie Barth reserves the right to change these general terms and conditions of sale at any time. The terms and conditions accepted by the buyer at the time of placing an order shall apply.
2: Prices:
The prices displayed for all items on the website are in euros and are those in effect at the time the customer places the order. These prices do not include shipping costs.
Roseraie Barth may change the prices of its items at any time, but undertakes to invoice products based on the prices in effect at the time the customer places the order. Or change the size of plants if they are no longer available at the time of the customer's purchase.
Prices are displayed inclusive of 10% VAT for plants and 20% VAT for gardening equipment.
Roseraie Barth may offer its customers one-off promotions. These are offered for sale on fixed dates and while stocks last.
3: Ordering:
Before placing an order, customers can view the items (and their characteristics) they wish to order.
We distinguish between two categories of products: plants and manufactured or non-manufactured products.
Orders are placed as follows:
- Select plants or other products and add them to the “Wheelbarrow” basket.
- authenticate the customer or create an account for a new customer,
- confirm the delivery address,
- provide the customer's telephone number.
When placing an order, the buyer is solely responsible for providing the necessary information requested:
- first and last name,
- email address,
- full postal address,
- telephone number.
The invoice corresponding to the order will be sent by email to the address provided by the buyer as soon as the package is shipped.
Roseraie Barth reserves the right to cancel any order from a customer with whom there is a dispute relating to a previous order.
Plants are living, seasonal products. They are presented on the website with a descriptive product sheet and one or more non-contractual photographs. These photographs are taken at the peak of flowering or growth, with the greatest accuracy.
Roseraie Barth cannot be held responsible for minor differences (size, color variation, etc.).
Roseraie Barth may at any time and without notice modify the characteristics, availability, or prices of its products in accordance with supplier constraints, without prejudice to orders placed by the buyer.
The sale will only be final after confirmation by Roseraie Barth, by order confirmation to the buyer and once payment for the entire order has been received by Roseraie Barth. It is recommended that you keep this order confirmation sent by Roseraie Barth to the buyer by email.
4: Delivery:
1 - Delivery by GLS
We ship packages Monday through Wednesday for delivery within 48/72 hours.
We deliver via GLS at a fixed price of €8.90 including tax.
Free shipping on orders over €199.
For Corsica:
Delivery charges
| Montant des articles achetés | Frais de port et d'emballage |
| de 0 € à 49.99 € | 23 € |
| de 50 € à 99.99 € | 28 € |
| de 100 € à 149.99 € | 37 € |
| de 150 € à 199.99 € | 48 € |
| de 200 € à 249.99 € | 52 € |
| de 250 € à 299.99 € | 55 € |
| de 300 € à 399 € | 59 |
| 400 € et plus | GRATUIT |
Shipping costs for Belgium, Luxembourg, and Germany:
| Montant des articles achetés | Frais de port et d'emballage |
| de 0 € à 49.99 € | 13 € |
| de 50 € à 99.99 € | 17 € |
| de 100 € à 179.99 € | 24 € |
| plus de 180 € | GRATUIT |
2 - Delivery to a Chronopost pickup point:
We deliver to pickup points via Chronopost at a fixed price of €4.99 including tax.
Free shipping on orders over €199.
3 - CHRONOSPOT EXPRESS delivery
We deliver to your home via Chronpost at a fixed price of €12 including tax.
NO FREE SHIPPING
4- Delivery via CHRONOPST SATURDAY
We deliver on Saturdays via Chronopst at a fixed price of €14.99 including tax. Last parcels leave on Friday at 12 noon.
There will be no free shipping for SATURDAY deliveries.
Delivery is free if the plants or equipment are collected on site.
An appointment will be made in the case of delivery of a garden shed.
5: Payment:
The prices indicated are payable in cash at the time of ordering, and at no time shall the sums paid be considered as deposits or down payments.
Payments on Roseraie Barth can be made by:
- Credit card: the following credit cards are accepted on Roseraie Barth: Carte Bleue, Visa, Mastercard. They must be issued by a bank in the European Union. Credit card payments are made via the Crédit Mutuel bank's highly secure CC-CIC p@iement server. The buyer's identity is verified by the bank using the “3D Secure” system, which allows the cardholder to be authenticated by the bank.
- Bank check: the bank check payment service is strictly reserved for checks from French banks. Checks must be made payable to Roseraie Barth. The customer's telephone number and order number must be written on the back of the check. This will allow the order to be processed more quickly. The order will be shipped as soon as the check is cashed. Checks must be sent to the following address:
Sarl Roseraie Barth
4 rue des Prés
67440 LOCHWILLER
6: Delivery and receipt:
Once the order has been confirmed and paid for, it will be delivered to the address provided by the customer when registering at the time of ordering.
Failure to comply with the contractual conditions described below will result in no claims being accepted from the customer and no refunds being made.
Upon receipt of the package, it is imperative to check the condition of the package. The customer is responsible for reporting any delivery anomalies, especially when the package arrives at its destination in poor condition, in which case the customer can and must refuse the package. It is important to immediately file a claim on the carrier's delivery slip, reporting the anomaly, and to send us a photo of the package.
- Delivery by GLS:
For deliveries by GLS, a delivery note or acknowledgment of receipt must be signed by the customer at the time of delivery by the delivery person. In case of absence, a delivery notice will be left by the delivery person.
When a package arrives damaged (open box, etc.), the customer must report this to the delivery person and check the contents.
- Delivery by carrier
For deliveries made by carrier, the parcel will be handed over to the recipient by the driver, who will request a signature on the delivery receipt.
In case of absence, a delivery notice will be left. The customer may then contact the transport company directly to arrange a new delivery appointment.
It is essential to check the apparent condition of the parcel upon delivery.
If any irregularities are observed (open parcel, missing items, breakage, etc.), the customer has 3 days to report the issue.
Remarks must be written on the delivery note, dated and signed by both the driver and the recipient, specifying:
the delivery date,
the driver’s name,
and the exact delivery time.
The customer is also encouraged to confirm these remarks by registered mail with acknowledgment of receipt sent to the transport company, detailing any damages noticed.
Finally, any issue should be reported to Roseraie Barth as soon as possible.
7. Right of withdrawal and withdrawal period
In accordance with Article L.221-18 of the French Consumer Code, the buyer has a period of fourteen (14) full days from the date of receipt of the parcel, either by the buyer or by the designated recipient, to return the entire order at their own expense.
The buyer may then choose to receive either a credit note, a refund of the order amount, or an exchange of the products.
Télécharger le formulaire de rétractation
8. Return of items
Plants and other manufactured or non-manufactured items may be returned to Roseraie Barth under the conditions and instructions detailed below.
All returned items — whether plants or manufactured products — must be in perfect resalable condition and in their original state (including packaging, accessories, manuals, etc.). Items must be properly sealed and accompanied by a return form signed by the buyer.
Return shipping costs are entirely the responsibility of the customer, except in cases where the product does not conform to the details of the original order.
In the case of an exchange, the cost of the new shipment will be borne by the customer.
Procedure to follow for returning an order:
- Use the original packaging for manufactured or non-manufactured items,
- Use new packaging for plants,
- Complete the return form (available upon request from Roseraie Barth). Returns without a return form will not be accepted,
- Send the parcel with acknowledgment of receipt to the following address:
Roseraie Barth
4 rue des Prés
67440 LOCHWILLER
To the attention of the Returns Department
9. Retention of ownership
Roseraie Barth retains full and complete ownership of the items until full payment of the total order amount has been received.
10. Liability
Roseraie Barth cannot be held responsible for any damage of any kind resulting from improper or misuse of the products.
All information provided regarding the items and plants is supplied for informational purposes only and shall in no event engage the liability of Roseraie Barth if the expected results are not achieved.
11. Warranty
One-year commercial warranty on plants, excluding Mediterranean plants, vegetable plants, and bedding plants (annuals and biennials).
Roseraie Barth cannot be held responsible for adverse weather conditions, soil-related issues, or improper planting conditions that could affect the healthy growth of the plants.
All requests concerning plants will be carefully reviewed by our specialists to provide both technical and commercial solutions. Customers will be required to provide detailed photos of the affected plants.
For hedge plantations, only 30% of the plants are covered under warranty. A hedge is considered as a group of at least 10 plants of the same variety and height.
We do not guarantee plants that have died from drought, for example during heatwaves, or from lack of watering. Thank you for your understanding.
Root-balled plants are not covered by the warranty, nor are bare-root plants transplanted into pots, planters, or containers.
All plants sold by Roseraie Barth are cultivated by qualified specialists in an environment designed to ensure optimal growth and survival rates.
Manufactured or non-manufactured items are covered by an exchange or refund warranty. Exchanges or refunds are only applicable after the customer has returned the concerned item(s), at their own expense, and provided that the item shows no signs of use.
However, the legal warranty of conformity (Articles L.217-4 to L.217-14 of the French Consumer Code) also applies:
- The customer has a period of two (2) years from the date of delivery to take action.
- The customer may choose repair or replacement of the item, subject to the cost conditions set out in Article L.217-9 of the Consumer Code.
- The customer is not required to prove the existence of the defect in conformity during the 24 months following delivery of the item.
12. Personal data protection
The personal information collected from the buyer is necessary for the complete processing of orders. If this information is missing, the order may be refused.
In compliance with the French “Informatique et Libertés” law, the processing of personal data relating to customers by Roseraie Barth has been declared to the Commission Nationale de l’Informatique et des Libertés (CNIL).
In accordance with this law, customers have the right to access, modify, correct, and delete any personal data concerning them.
This right can be exercised by email (via the Contact section) or by postal mail at the following address:
Sarl Roseraie Barth
4 rue des Prés
67440 LOCHWILLER
13. Applicable law
These General Terms and Conditions of Sale are governed by French law.
In the event of a dispute, the customer may bring the matter before the court of their choice.
14. Objection to telephone solicitation
As part of the order process, the customer’s telephone number is requested.
The customer has the right to register on the national do-not-call list to refuse telephone marketing communications.
Reference: Article L.223-2 of the French Consumer Code.
15. Mediation
In accordance with Articles L.612-1 and R.616-1 of the French Consumer Code, we inform our customers that, in the event of a dispute, the appointed consumer mediator is:
DEVIGNY MÉDIATION
Consumer Mediator
11 rue de l’Étang
49220 Thorigné-d’Anjou