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BOTANY FRANCE is an e-commerce site. It is published by SHOPIFY - Shopify Inc.

150 Elgin Street, Suite 800

Ottawa, ON K2P 1L4

Canada with the brand name BOTANY FRANCE.

Registered in the Angoulême Trade and Companies Register under Siret No: 825 208 283 00010.

The Site (www.botanyfrance.com) allows BOTANY FRANCE to offer for sale products from Scented Candles.

The buyer prior to his order, declares to have full legal capacity, allowing him to engage under these general conditions of sale.

Any order for a product offered on the Site implies consultation and express acceptance of these general conditions of sale, without however this acceptance being conditioned by a handwritten signature on the part of the user. In accordance with the provisions of articles 1316 to 1316-4 of the Civil Code, supplemented by Decree n ° 2001-272 of March 30, 2001, taken for the application of article 1316-4 of the civil code and relating to the electronic signature, it is recalled that the validation of the order form as specified in article 3.3. below, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

The products are offered for sale in the following geographic territory without limitation: Metropolitan France, DOM-TOM, Europe, USA, Canada, Australia.

 

1. OBJECT

The purpose of these general conditions of sale is, on the one hand, to inform any potential consumer of the terms and conditions under which the seller proceeds to the sale and delivery of the products ordered online via the website, facebook, or instagram and, on the other hand, to define the rights and obligations of the parties in connection with the sale of products by the seller to the consumer. They apply, without restriction or reservation, to all sales, by BOTANY FRANCE reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.

 

2. PRODUCTS


In accordance with article L. 111-1 of the consumer code, the user can, before placing an order, read the essential characteristics of the product (s) he or she wishes to order on the BOTANY FRANCE Site.
The buyer selects one or more products from the different categories offered on the BOTANY FRANCE website.

The offers presented by BOTANY FRANCE are valid while stocks last. BOTANY FRANCE reserves the right to modify the products listed at any time.


The photographs, graphics and descriptions are made to be as close as possible to the reality of the product sold.

3. PRICE

The selling prices of products online on the BOTANY FRANCE website, indicated in euros, are those in effect at the time of the purchase order being registered by the buyer.

They do not include shipping and order processing costs, billed in addition to the price of products purchased according to the amount of the order. Shipping costs will be indicated before the order is registered by the buyer. The prices include the value added tax (VAT) applicable on the day of the order. It is the buyer's responsibility to check and pay any additional costs caused by customs tax.

The selling prices of the products can be modified by BOTANY FRANCE at any time. This modification will be notified to the buyer before any order.

4. REGISTRATION AND VALIDATION OF THE ORDER

The user can read the different Products offered for sale by BOTANY FRANCE on its Site. He can navigate freely on the different pages of the Site, without being committed to an order.

Any order implies acceptance without restriction or reservation to these general conditions of sale.
From the moment the buyer has registered his order by clicking on the “Continue for payment” icon, he is considered to have knowingly accepted the general conditions of sale, prices, volumes and quantities of products offered for sale and ordered.

If the user wishes to place an order, he will choose the various products in which he has an interest, and will express said interest by clicking on the "Add to cart" box.

At any time, the buyer can: - obtain a summary of the products he has selected or modify his order, by clicking on "My Basket" accessible at the top right of each page By clicking on "View basket", the customer will have access to the summary of his order: the nature, quantity and price of the products retained by the buyer, as well as the total amount of the order.

To order the products they have chosen, the buyer will click on "Place order". The buyer will then have to identify himself, either by entering his e-mail address as well as his password, if he has a customer account, or by accurately filling in the form made available to him, on which he will notably include the information necessary for his identification with his surname, first name, postal address.


After knowing the status of his order, and once all the information requested has been completed by the buyer, the latter will choose the payment method he wishes to use to pay for his order, it being understood that the buyer must have the means of payment as defined in article 5. below.

He will click on the button corresponding to the payment method he has chosen. He will then click on the "Continue for payment" box to pay for his order.
The sale will only be considered final after the confirmation of the order has been sent to the buyer by BOTANY FRANCE and collection by the latter of the full price.

It is important that the buyer keeps this documentation as proof of sale. Any fraudulent order or presumed as such, will be considered null and void by BOTANY FRANCE.

5. PAYMENT
Payment must be made when ordering by the buyer. At no time can the sums paid be considered as a deposit or down payment.
All orders are payable in euros. The buyer guarantees to BOTANY FRANCE that he has the necessary authorizations to use the payment method he has chosen, when registering the order form.

BOTANY FRANCE reserves the right to suspend or cancel any order and / or delivery, whatever its nature and level of performance, in the event of non-payment of any amount that would be due by the buyer, in the event of 'payment incident or in the event of a dispute with the buyer.

The delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions herein.
For any payment, BOTANY FRANCE reserves the right to request a photocopy of the Purchaser's identity card and, if applicable, that of the holder of the means of payment used by the Purchaser. For amounts over 180 euros including tax, BOTANY FRANCE reserves the right to request a certified photocopy of an identity document and in the context of the fight against fraud on the Internet, information relating to your order may be transmitted to any third party for verification.

To pay for his order, the buyer has the following payment methods: bank card, Paypal, Carte Bleue, Visa and Master Card. Payments can be made by bank card; they will be carried out using the Stripe secure system. It uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and that no third party can become aware of it during transport over the network.
In the event of payment by bank card, the buyer's account will be debited on the day of the order.

6. DELIVERY AND RECEPTION

The products will be delivered to the address indicated by the buyer on the order form, a destination which must be consistent with the previously agreed geographical area.
By default, invoices are sent to the email address specified by the customer when registering. Failure to comply with the procedures set out below, no claim by the buyer will be accepted.

The buyer is delivered to his home by his postman. In case of absence, the buyer or the recipient of the ordered product receives a delivery notice from his postman, which allows him to collect the ordered products at the nearest post office for a period specified by this postal service. The buyer is required to check the condition of the packaging of the goods and its content on delivery.
In the event that the buyer has any doubt of any kind whatsoever on the condition or content of his package, he is required: to apply the Colissimo procedure (in particular to report damage due, all claims and reservations ) and to refuse the goods by immediately issuing a report to the post office employee (report 170) or to the nearest post office within 48 hours after receipt of the package.
- to report these incidents within 48 hours to BOTANY FRANCE at sales@botanyfrance.com, specifying the order number.


The delivery times, following validation of your order, are as follows: - Colissimo de la POSTE: for France, 3 to 5 working days; for other countries delivered 5 to 7 working days
Any confirmed order, Monday to Friday (excluding holidays), is processed within the next three working days within the limits of available stocks.

When confirming his order, the customer is informed of the deadline for delivery of his order, taking into account the availability of products and the delivery method chosen. If, however, this period should be extended, the customer will be notified by BOTANY FRANCE with an expected deadline for delivery.

In any event, and in accordance with the provisions of article L. 216-1 of the consumer code, the products ordered will be delivered within a maximum period of thirty days from the day following that on which the buyer has registered his order, subject to full payment of the price.

In the absence of delivery at the end of this period, the buyer will be able to cancel his order. The sums paid by the buyer will then be returned to him without delay, to the exclusion of any other compensation.

In the event of a delay in delivery compared to the date initially fixed, the buyer may report it in writing (mail, email) to BOTANY FRANCE in order to improve the quality of service which may be offered to him and allow BOTANY FRANCE to investigate the carrier.
If during this investigation, the product is found, it will be immediately re-routed to the place of delivery designated in the order form.

7. UNAVAILABILITY OF PRODUCTS

The products are offered while stocks last. If one of the products is unavailable, the buyer will be informed as soon as possible. This information may be notified to him, as far as possible during the establishment of his order following the validation of his order or prior to delivery, by e-mail.
In case of payment for unavailable products, BOTANY FRANCE will reimburse the overpayment. In all the aforementioned cases, the buyer will have the possibility of canceling his order by requesting the immediate reimbursement of the sums paid, by e-mail sent to sales@botanyfrance.com.

 

8. GENERAL GUARANTEES

In accordance with Articles L. 217-4 et seq. Of the Consumer Code, the Seller is required to deliver a Product conforming to the order made by the Buyer and must answer for any lack of conformity existing at the time of delivery of the latter. As such, to comply with the contract, the Product must: 1 ° Be suitable for the use usually expected of a similar Product and, where applicable:
- correspond to the description given by the Seller and have the qualities that the latter presented to the Buyer in the form of a sample or model;
- present the qualities that a Buyer can legitimately expect in view of the public statements made by the Seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the Parties or be suitable for any special purpose sought by the Buyer, brought to the attention of the Seller and which the latter has accepted. Similarly, in accordance with article 1641 of the Civil Code, the Seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the 'Buyer would not have acquired it, or would have given it a lower price, if he had known them.

If the Products delivered are not in conformity with the Products ordered by the Buyer or if they have hidden defects, the latter must send an email to sales@botanyfrance.com to notify him of the non-conformity or the hidden defects of his (his products). The Seller's Customer Service acknowledges receipt of the Buyer's request and confirms the procedure to follow. Upon receipt of instructions from the Seller's Customer Service, the Purchaser returns non-compliant or vice-defective Products to the Seller to the following address:

BOTANY FRANCE
2 VILLAGE OF SERVOLLES
16310 MASSIGNAC

Please indicate BOTANY FRANCE on the package.
The Product (s) must / must be (i) returned complete (s), unused, in its (their) original packaging intact and (ii) as far as possible accompanied by its original packaging and the return slip. In addition, the Seller does not accept packages sent postage due. Any risk related to the return of the Product (s) is the responsibility of the Buyer. Upon receipt of the Product (s) presumed to be non-compliant (s) or affected by a hidden defect, the Seller performs a control of the Product (s) to determine whether or not these Products are in conformity. Likewise, the Seller may carry out a quality test on the Product (s) returned by the Buyer to verify that the Product (s) returned are indeed Product (s) (s) of origin. It is understood that these checks are carried out as soon as possible and within a maximum of one (1) month.


If the non-conforming nature of the Product (s) is confirmed or if the hidden defect is proven:
The Buyer can choose between repairing and replacing the Product, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code. Note that the Buyer (i) has a period of two (2) years from the delivery of the Product to act and (ii) is exempted from providing proof of the existence of the lack of conformity of the Product during twenty-four (24) months following the delivery of the Product.
Within the framework of the implementation of the guarantee against hidden defects of the thing sold by the Buyer within the meaning of article 1641 of the Civil Code, he can choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.

9. RIGHT OF WITHDRAWAL
In accordance with article L. 221-18 of the consumer code, the buyer has a period of fourteen clear days from the date of receipt to return the ordered products at our expense, for reimbursement. In order to submit a withdrawal request, the buyer must contact BOTANY FRANCE by email, specifying the order number and the reference of the item (s) concerned, as mentioned on the invoice, by email sent to sales @ botanyfrance. com. BOTANY FRANCE undertakes to send a return slip to the buyer. The products must imperatively be returned to BOTANY FRANCE in perfect condition for resale, in their original condition (packaging, accessories, instructions, etc.), duly sealed, unused. When a buyer returns products, any risk related to the return of the product is the responsibility of the buyer.
If the above conditions are met, BOTANY FRANCE will reimburse the buyer, within fourteen days, the sums corresponding to the products purchased.

9. RETURN OF PRODUCTS BY MAIL

To return an item, the buyer must contact BOTANY FRANCE to notify them of the return. He can do this by email sales@botanyfrance.com, specifying the order number and the reference of the item (s) concerned as mentioned on the invoice. Once your pre-paid return label has been received by email, all you need to do is stick it on the package to be returned at BOTANY FRANCE's expense. BOTANY FRANCE will not accept parcels addressed postage due.

10. RETENTION OF TITLE
BOTANY FRANCE retains full ownership of the products sold until full payment of the price, in principal, fees and taxes included.

11. LIABILITY

BOTANY FRANCE cannot be held responsible for the non-performance of the contract in the event of stock shortage or unavailability of the product due to force majeure, disruption or total or partial strike, in particular postal services and means of transport and / or communications.

BOTNAY FRANCE cannot be held responsible for any loss of data or files. It is up to the buyer to make all the necessary backups.
The BOTANY FRANCE site also contains information from third parties, and links to other websites. BOTANY FRANCE cannot under any circumstances be held liable for damage resulting from the use of, access to, or the inability to use this third-party information, or the content of other websites.

12. PARTIAL INVALIDITY
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their strength and reach.

13. NON-WAIVER
The fact that one of the parties does not take advantage of a breach with the other party of any of the obligations referred to in these general conditions of sale cannot be interpreted for the future as a waiver to the obligation in question.

14. “IT AND FREEDOMS”

The information of personal information collected within the framework of distance selling is compulsory, this information being necessary for the processing and delivery of orders as well as for the establishment of invoices. This information is strictly confidential. The lack of information implies the automatic rejection of the order.
In accordance with law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the processing of personal information collected on the Site has been declared to the National Commission of the 'Computing and Liberties. The user has the right to access, modify, rectify and delete data concerning him. To exercise this right, the user must send a postal letter to BOTANY FRANCE Customer Service, 2 village des Servolles, 16310 Massignac.

BOTANY FRANCE reserves the right to place cookies on the computers of visitors to its website. A cookie does not allow BOTANY FRANCE to identify the user. It is a computer file, stored on the hard drive of the user's microcomputer. Its purpose is to report a previous user visit to the Site and has no other purpose.

15. INTELLECTUAL PROPERTY

All elements of the BOTANY FRANCE site including photography are the intellectual and exclusive property of BOTANY FRANCE. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever.

16. APPLICABLE LAW AND COMPETENT JURISDICTION

Sales of BOTANY FRANCE products are subject to French law. Any dispute relating to the interpretation, execution or breach of the contract concluded between BOTANY FRANCE and the buyer, even in the event of a plurality of defendants, will, in the absence of an amicable agreement, fall within the jurisdiction of the courts of Angoulême or the courts of the buyer's place of residence.