LEGAL NOTICE
CONDITIONS OF SALE & DELIVERY
PRIVACY POLICY

Legal Notice

Olivier COCOSTEGUE, representative and manager of the company Ô Garden SARL, registered at 
15 ZI DE CALENS

33640 BEAUTIRAN
SIRET number 83272191400030 APE 8130Z
INTRA VAT number FR12832721914
RCS BORDEAUX


All the content of this site is the exclusive property of SARL Ô Garden represented by Olivier COCOSTEGUE including Ô Garden Design®, a trademark registered at the INPI under number 4424578.

Any reproduction, distribution, modification, adaptation, retransmission or publication, even partial, of these different elements is strictly prohibited without the express written consent of Olivier COCOSTEGUE. This representation or reproduction, by any means whatsoever, constitutes an infringement punishable by articles L.3335-2 and following of the Code of intellectual property. Failure to comply with this prohibition constitutes an infringement that may engage the civil and criminal liability of the infringer. In addition, the owners of the copied Content could take legal action against you.

 

Terms of Sales  

The SARL Ô GARDEN  reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price in force at the time of validation of the order and subject to availability.

Any order for a product appearing in the online store of the site www.ogardendesign.fr requires consultation and prior acceptance of these General Conditions of Sale. The click to validate the order implies full acceptance of these. This click has the value of a “digital signature”. The General Conditions of Sale may be subject to modification, the applicable conditions are those in force on our website on the date of placing the order.  

Object

The purpose of these General Conditions is to define the rights and obligations of the parties within the framework of the online sale of goods offered by SARL Ô Garden to the consumer.

 

Order confirmation

The contractual information will be confirmed by e-mail to the address indicated by the consumer in the order form.

Orders are only final when they have been confirmed by payment of the price by the buyer.

 

Proof of the transaction

The computerized registers, kept in the computer systems of SARL Ô Garden represented by Olivier COCOSTEGUE under reasonable security conditions are considered as proof of communications, orders and payments between the parties.

The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.

Product information

Every effort has been made to ensure the accuracy of the information presented on the site www.ogardendesign.fr, the seller or its suppliers are nevertheless not responsible for the consequences, incidents, special damages resulting from electronic transmissions or the 'accuracy of the information transmitted even if the seller is aware of the possibility of such damage. The names and brands of products and manufacturers are used for identification purposes only. The photos, descriptions and prices of the products are not contractual.

The costs

Our prices are expressed in Euros (€) and displayed all French taxes included (French VAT and all other applicable taxes).

The price indicated on the product sheet is exclusive of transport costs.

Shipping costs are billed according to the weight of the item chosen and the country of destination.

The total amount due, indicated in the order confirmation, is the final price to be paid, expressed inclusive of all taxes.

If items can be delivered, the delivery rates applicable when ordering are available on the site.

Terms of delivery (in the event that the items can be delivered by carrier)

The products are delivered to the address indicated (1 single address per order) by the consumer on the order form and only to the geographical areas indicated on the order form.

All products leave our premises in perfect condition. The customer must notify the carrier (or the postman) of the slightest trace of shock (holes, traces of crushing, etc.) on the package and, if applicable, refuse the package. SARL Ô Garden accepts the order and launches delivery operations upon receipt of the order and payment.

The delivery of the ordered items is made to the buyer's home or to any address he indicates when ordering. The information given by the buyer when ordering commits the latter.

In the event of an error in the wording of the recipient's contact details or incomplete information, the seller cannot be held responsible for the impossibility in which it could be to deliver the product.

In the event of return of the goods for an incomplete address, or an unreported prolonged absence, the buyer will be offered 2 alternatives:

- the re-shipment of the goods after payment of the contribution to the return costs,

- reimbursement of the order after deduction of delivery costs.

The exchange of any product declared, a posteriori, damaged during transport, without any reservation having been made upon receipt of the package, cannot be taken care of.

Orders are generally dispatched within 8 days maximum for mainland France.

Any delay of more than 15 days must be reported to customer service in order to launch an investigation in time.

As in any expedition, it is possible to suffer a delay or that the product gets lost. In such a case, we contact the carrier to start an investigation. All efforts are made, as long as necessary, to find this package. If applicable, the merchant will be reimbursed by the carrier and deliver a new identical package at his expense.

The customer, who has not received his package within the time limits indicated by geographical area, must report within 2 weeks of the delivery deadline, for his request to be taken into account. We will then make an inquiry with the carrier.

We decline all responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of products, bad weather or strike.

Delivery problem due to the carrier

Any anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the customer's signature.

The customer must at the same time confirm this anomaly by sending the carrier within two (2) working days of the delivery date a registered letter with acknowledgment of receipt setting out the said complaints.

The customer must send a copy of this letter to the seller's address. Without this fact, we do not proceed to any trade.

Delivery errors

The formulation of this complaint with the Seller may be made to the Seller's address.

In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging in as impeccable condition as possible to the seller's address.

To be accepted, any return must be reported and have the prior agreement of the seller, who in case of agreement will reship the package to the correct address.

The shipping costs are the responsibility of the seller except in the event that it turns out that the product does not correspond to the original declaration made by the customer in the sense of return.

 

Product warranty

Plants cannot be subject to a take-back guarantee. Ô Garden strives to market creations in good condition and acclimatized. Please refer to the maintenance conditions indicated on the product sheet when ordering.

Right to retract

The right of withdrawal only applies to natural persons.

In accordance with Articles L. 221-18, the consumer has a period of fourteen (14) calendar days to return, at his expense, products that do not suit him. This period starts from the day of receipt of the goods from the Customer. Any return must be reported in advance to the Seller's customer service. The product must be returned to the Seller's address. A withdrawal form is available at the following address: on the site https://www.service-public.fr/professionnels-entreprises/vosdroits/R38397 

Only products returned as a whole, in their complete original packaging, will be accepted.  Any product that has been damaged as well as a clearly personalized item according to the Customer's specifications (for example: marking, etc.) will not be refunded, taken back or exchanged. This right of withdrawal is exercised without penalty, with the exception of shipping costs. In the event of the exercise of the right of withdrawal, the customer has the choice to request either the reimbursement of the sums paid, or the exchange of the product. In the case of an exchange, the reshipment will be at the customer's expense.

In case of exercise of the right of withdrawal, the seller will make every effort to reimburse the customer within fourteen (14) days.

Rights of use

The use of trademarks on the site is strictly prohibited.

Force majeure

Neither party will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event of force majeure. Any irresistible fact or circumstance, external to the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as a case of force majeure.

The party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware.

The two parties will then get together, within three months, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.

If the force majeure event lasts longer than one month, these general conditions may be terminated by the injured party.

Expressly, are considered as cases of force majeure or fortuitous events, in addition to those which are usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport, earthquake, fires, storms, flood, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.

No partial validation

If one or more stipulations of these general conditions are held to be not validated or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.

No waiver

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to under these general conditions of sale cannot be interpreted for the future as a claim. to the obligation in question.

 

Applicable law

These general conditions are subject to French law. This is the case for the substantive rules as for the formal rules.

In the event of a dispute or complaint, the consumer will first contact the Seller to obtain an amicable solution.

 

Protection of personal data

All the data that you entrust to us are in order to be able to process your orders.

In application of article 27 of law no.78-17 of January 6, 1978 relating to data processing, files and freedoms, you have with the Seller a right of rectification, consultation, modification and deletion. data that you have communicated to us. This right can also be exercised online.

 

Disputes

Any order placed through the seller's site entails the customer's acceptance, without any restriction, of the Seller's general conditions of sale.

In the event of sale to a legal person, any difference relating to the sale (price, general conditions of sale, products, etc.) will be subject to French law before the Commercial Court of the Seller's head office.

Privacy Policy

1) We receive, collect and store any information that you enter on our website or that you provide to us in any other way.

2) When you complete a transaction on our website, as part of the process, we collect the personal information you give us, such as your name, address and email address. Your personal information will only be used for the specific reasons mentioned below.

3) We collect this non-personal and personal information for the following purposes:

  1. Provide and operate the services;

  2. Provide our users with ongoing Assistance and technical support;

  3. To be able to contact our visitors and users with general or personalized notices relating to the service and promotional messages;

  4. To create aggregated statistical data and other aggregated and / or inferred non-personal information, which we or our business partners may use to provide and improve our respective services;

  5. Comply with applicable laws and regulations.

4) Our business is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com data storage, databases and general applications. They store your data on secure servers behind a firewall. 

All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS, as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

5) If you no longer want us to process your data, please contact us at contact@ogardendesign.fr or send us an email at the following address:

Ô GARDEN SARL

15 ZI DE CALENS

33640 BEAUTIRAN