Terms of service

GENERAL TERMS AND CONDITIONS OF SALE "CONSUMERS"

  1. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

1.1. SCOPE – ACCEPTANCE These general terms and conditions of sale (GTCS) apply to all sales of products by the company GARDEN EQUIPMENT, whose registered office is located at 14 route de la rivière 35230 Noyal Chatillon sur Seiche, registered with the RENNES Trade and Companies Register – SIRET no.: 53362000024. “The Buyer” designates any professional natural or legal person who places an order for a product. Consequently, unless otherwise specifically agreed, any order of products by the buyer implies its full and unreserved acceptance of these general terms and conditions of sale. The buyer declares and acknowledges having read these general terms and conditions of sale and having taken note of them. These prevail over any other document and in particular any catalogue, prospectus, advertisement or notice, which have only an informative and indicative, non-contractual value. No special condition may, unless expressly accepted in writing by the company GARDEN EQUIPMENT, prevail against the general terms and conditions of sale. Failing this, any contrary condition raised by the buyer shall therefore be unenforceable against the company GARDEN EQUIPMENT, whatever the time at which it may have been brought to its attention. If any of the clauses is held to be null and void, it shall be deemed unwritten and shall not entail the nullity of the other clauses. The failure of the company GARDEN EQUIPMENT to exercise any of the rights arising from these terms of sale does not constitute a waiver of its right to assert them.

1.2. AMENDMENT The company GARDEN EQUIPMENT reserves the right to amend these general terms and conditions of sale at any time without notice. In such a case, the applicable conditions shall be those in force on the date of the buyer’s order. The buyer is deemed to accept the latest version.

  1. CHARACTERISTICS OF THE PRODUCTS OFFERED

The company GARDEN EQUIPMENT markets equipment and spare parts in the field of transport and outdoor power equipment.

  1. ORDER – ADDITIONAL COSTS

3.1. ORDER Before placing any order, the buyer shall have first verified the compatibility of the equipment or parts with its own equipment. The company GARDEN EQUIPMENT may not be held liable in this respect. To be valid, the order must specify in particular the quantity, the brand, the type and the references of the products sold, as well as the agreed price, the terms of payment, and the place and date of delivery. Any specific requests or conditions differing from those provided for in these general terms and conditions of sale, such as special warranties, penalties for late delivery, special payment terms, etc.) must be formulated by the buyer and expressly accepted by the company GARDEN EQUIPMENT before any order. To be taken into account, any order must refer to a specific offer and must be placed in writing or by e-mail to the registered office of the company GARDEN EQUIPMENT. The order is final only once it has been accepted and confirmed in writing by the company GARDEN EQUIPMENT. Validation of an order entails consent to the full and complete acceptance of these general terms and conditions of sale, the acknowledgement of being perfectly aware of them and the waiver of the right to rely on the buyer’s own purchasing conditions.

3.2. ADDITIONAL COSTS Any additional costs incurred by the customer or an intermediary agent relative to the order shall be invoiced in addition.

  1. PAYMENT

4.1. PRICES The prices of the products are those in force on the day the order is placed. The company GARDEN EQUIPMENT reserves the right to modify its prices at any time. However, it undertakes to invoice the ordered goods at the prices indicated when the order was recorded. The prices shown on the website are prices incl. tax in euros taking into account the VAT applicable on the day of the order; any change in the rate may be passed on to the price of the products or services.

4.2. EARLY-PAYMENT DISCOUNTS No discount shall be granted in the event of early payment.

4.3. INVOICING An invoice is drawn up for each delivery of products and issued at the time of delivery. The due date appears on the invoice.

4.4. PAYMENT TERMS Unless otherwise agreed in writing, payments shall be made before the goods are shipped, either by bank card, bank transfer or cheque. Only the actual collection of the means of payment, and not their mere remittance, shall be regarded as constituting full payment within the meaning of these general terms and conditions of sale.

  1. RETENTION OF TITLE

The “products” remain the property of the supplier until the fulfilment of all the buyer’s obligations and in particular until full payment of the agreed price in principal and incidentals.

  1. DELIVERY

6.1. DELIVERY Delivery is made by the direct handover of the goods to the buyer. Free shipping in mainland France.

6.2. LEAD TIMES Deliveries are only carried out according to availability and in the order in which orders are received. The supplier is authorised to make deliveries on a full or partial basis. The delivery time indicated when the order is recorded is given for information only and is in no way guaranteed. Consequently, any reasonable delay in the delivery of the products may not give rise, for the benefit of the buyer, to the award of damages or to the cancellation of the order in progress, whatever the cause.

6.3. RISKS The risks of loss of or damage to the products sold are transferred at the time and place of delivery. The company GARDEN EQUIPMENT shall under no circumstances be held liable for any loss, damage or casualty during transport. It shall be the buyer’s responsibility, in the event of damage, shortages or loss, to make all reservations or exercise all remedies against the carriers, in accordance with the provisions of Article L. 133-3 of the French Commercial Code.

6.4. RECEIPT Upon receipt, the buyer must check that the products conform to the order and that there are no apparent defects. No return of products may be made by the buyer without the prior express agreement of the company GARDEN EQUIPMENT. Return costs are borne by the buyer. If no claim has been made within 5 days of receipt, the products are deemed to conform to the order.

  1. WARRANTY & RIGHT OF WITHDRAWAL

GARDEN EQUIPMENT equipment is guaranteed for one year from the date of delivery. The warranty is limited to the pure and simple replacement of parts recognised as defective by the company GARDEN EQUIPMENT. Shipping and labour remain the responsibility of the buyer. Wear parts are excluded from the warranty. Any abnormal use of the equipment, any modification made by an unauthorised person, the use of non-original spare parts, or failure to comply with the recommendations of the maintenance booklet shall entail the loss of the right to the warranty.

In accordance with Articles L. 221-18 et seq. of the French Consumer Code, you have a period of fourteen (14) working days running from the day following receipt of the last product of your order to exercise your right of withdrawal without having to justify reasons or pay penalties. If the period of fourteen (14) working days expires on a Saturday, a Sunday or a public or non-working holiday, it is extended until the following first working day. The return of the products is made under your responsibility and at your expense. Any damage suffered by the products on this occasion is liable to prevent the exercise of your right of withdrawal.

GARDEN EQUIPMENT is at the Customer’s disposal for the execution of an order, the exercise of the right of withdrawal, the enforcement of the warranty, or for any other information at the following number: 09 72 57 76 38 — Garden Equipment 14 route de la rivière 35230 Noyal Chatillon sur Seiche.

  1. PACKAGING – DEPOSIT Except for those sold, packaging and pallets are consigned to customers on a deposit basis. They must be returned in good condition and free of all costs within one month.
  2. LIABILITY

9.1. FORCE MAJEURE The liability of the company GARDEN EQUIPMENT may not be invoked if the non-performance or the delay in the performance of one of its obligations results from a case of force majeure (strikes, supply stoppages, frost, fire, storm, flood, epidemic, interruption of means of transport, supply difficulties, etc.).

9.2. LIMITATION OF LIABILITY The seller’s liability shall be limited to the direct material damage caused to the buyer resulting from faults attributable to the seller in the performance of the contract.

  1. WAIVER The fact that the company GARDEN EQUIPMENT does not avail itself at a given time of any of the clauses hereof may not be construed as a waiver of the right to avail itself of these same clauses at a later date.
  2. APPLICABLE LAW Any dispute relating to the interpretation and performance of these general terms and conditions of sale is subject to French law.
  3. INTELLECTUAL PROPERTY The texts, images, sounds and illustrations contained on the website are the exclusive property of GARDEN EQUIPMENT. Any unauthorised reproduction constitutes infringement.
  4. PERSONAL DATA PROTECTION GARDEN EQUIPMENT respects the privacy of its users and undertakes to ensure that all information collected is treated as confidential. In accordance with the GDPR (EU 2016/679), the Customer may exercise their right of access, rectification, erasure and portability via the website’s contact form or by post to 14 route de la Rivière, 35230 Noyal-Châtillon-sur-Seiche. The Customer also has the right to lodge a complaint with the CNIL.
  5. ASSIGNMENT OF JURISDICTION Failing an amicable resolution, the dispute shall be brought before the competent commercial court of the registered office of the company GARDEN EQUIPMENT.