The general conditions of sale described below detail the rights and obligations of L&C FRERES via its https://www.plant-pommesdeterre.fr/ website and its customer in connection with the sale of the following goods: potatoes, garlic, onion and shallot.
Any person can consult the general conditions of sale of the company L&C FRERES on written request.
Any sale of products made by L&C FRERES therefore implies that the customer has read these general conditions of sale, and that he adheres unreservedly to these same conditions. The customer thus waives any application of any general conditions of purchase.
The prices on https://www.plant-pommesdeterre.fr/ of the products are indicated on the product sheets, and are expressed in euro TTC. They do not include transportation costs.
The prices of the goods sold on https://www.plant-pommesdeterre.fr/ are those in force on the day of the order.
The final price as indicated in the order confirmation is expressed all taxes included, and includes VAT.
Any transaction carried out on the https://www.plant-pommesdeterre.fr/ site is made within the limits of available stocks. The availability of the products will be checked at each time of receipt of order.
In case of unavailability of https://www.plant-pommesdeterre.fr/ or that of its suppliers, the customer will receive an information email on his order, and will be refunded within a maximum period of thirty days following the validation of his order.
In case of out of stock of one of the products of an order, L&C FRERES will send the customer the rest of the order.
In case of non-delivery or partial delivery due to unavailability of a product, the customer will not be able to obtain any compensation or price reduction.
Terms of payment
Payment on https://www.plant-pommesdeterre.fr/ is made: By credit card
In case of non-payment of an order by the buyer, L&C FRERES reserves the right to block deliveries in progress to this customer.
Discounts may be granted by L&C FRERES. The discount is mentioned as a percentage of the total excluding taxes of the invoice (excluding shipping costs excluding taxes) and is deducted from the same total excluding taxes.
Right of withdrawal
Under Article L.121-1 of the Consumer Code, the buyer has a right of withdrawal, which he can exercise within 7 clear days of receipt of the product. This period is extended to the 1st working day following, if it expires on a Saturday, Sunday or public holiday.
The buyer may exercise this right of withdrawal without having to justify reasons or penalties.
L&C FRERES undertakes to reimburse the buyer for all sums paid (total price and shipping costs), at the latest within 30 days of exercising the right of withdrawal. The buyer must return the complete product, in a condition suitable for remarketing. The costs of reshipment are at his expense.
This right of withdrawal is exercised in principle for all products, except:
- Products that by their nature cannot be returned: perishable goods, flowers, lingerie and piercings.
- Products intended for professionals or purchased to satisfy professional needs.
- Products supplied directly to the consumer (downloads are particularly targeted).
If, on the first day following the payment due date mentioned on the invoice, the customer has not paid the sums remaining due from the same invoice, he must pay L&C FRERES a daily late payment penalty.
The rate of the late payment penalty is calculated on the basis of the ECB (European Central Bank) refinancing rate, plus the number of points set by the ECB, in force at the time of the invoice issue.
This daily penalty is calculated on the net amount to be paid remaining due, and runs from the first day following the payment due date mentioned on the invoice. This penalty will be imposed from that day without any prior formal notice being necessary.
If, within fifteen days following the implementation of the "late payment" clause, the customer has not paid the sums remaining due, this may give rise to the right to the award of damages for the benefit of L&C FRERES.
The delivery times indicated for the postal shipment when taking the order with the customer are given only as an indication and are in no way guaranteed insofar as they do not depend on the company L&C FRERES, but on the carrier. Consequently, any delay in delivery will not give rise to the benefit of the customer to the cancellation of the order or to the benefit of damages.
Responsibilities & Guarantees
The customer is obliged to check the conformity of the articles as soon as they are made available. In case of finding damage to the product, the customer has a period of thirty days from the date of receipt of the package to make a claim for non-conformity with L&C FRERES, and return the order or the non-compliant item.
After L&C FRERES has established the defect of the product, the customer will be reimbursed for all his costs, namely the price of the item (s) concerned as well as the initial costs of delivery and return, within 15 to 30 days.
The responsibility of the company L&C FRERES can not be implemented if the non-execution, or the delay in the execution of the order results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Thus, L&C FRERES is not liable, in particular in the event of accident, fire, flood, interruption of the supply of energy, raw materials or equipment, as well as in the event of total or partial strikes of any kind hindering the smooth running of L&C FRERES' activities, such as transport strikes, postal services, energy suppliers, telecommunications, etc.
The occurrence of a case of force majeure has the effect of suspending the execution by L&C FRERES of the contractual obligations of the estimate, the order or these general conditions of sale.
Retention of title clause
L&C FRERES retains ownership of the goods sold until effective payment of the full price in principal and accessories. The transfer of risk on the delivered goods takes place at the time of delivery.
In case of refusal by the buyer to receive a firm order that he has placed with L&C FRERES, the return transport costs will be invoiced. Before the return by the buyer, the products will be under his responsibility, and he must guarantee their conservation, at his expense and risk.
French legislation on the right of access to computerized files
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, any user who has deposited on this site information directly or indirectly nominative, may request that it be communicated to him by contacting the company L&C FRERES, and have them rectified if necessary.
Material jurisdiction clause
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the commercial court of the city of the company L&C FRERES. In the case of a dispute with an individual, the dispute will be brought before the competent civil court or commercial court.