General terms and conditions
General terms and conditions
The online store of the website www.gaspardatable.com has been set up by the company B 7 PROD SASU, which is the operator of this website. Any order for a product appearing in the online store of the website www.gaspardatable.com implies prior consultation of these terms and conditions.
Consequently, the consumer acknowledges that he/she has been fully informed of the fact that his/her agreement to the content of these general terms and conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the website store. The consumer has the option of saving or editing these general terms and conditions, it being specified that both saving and editing of this document are the sole responsibility of the consumer.
These conditions apply only to persons who are at least 18 years of age and have the legal capacity to contract. Prior to placing an order, the consumer declares that the purchase of these products is not directly related to his professional activity, and that their purchase is reserved for his personal use.
As a consumer, the customer thus has specific rights, which would be called into question in the hypothesis where the products or services acquired within the framework of the Web site would have in reality a relationship with its professional activity. The online store set up by B 7 PROD SASU as part of the website includes the following information:
- Legal notice allowing a precise identification of the company B 7 PROD SASU ;
- Presentation of the essential characteristics of the goods offered;
- Indication, in Euros, of the price of the goods and, where applicable, delivery charges;
- Indication of terms of payment, delivery or performance;
- The existence of a right of withdrawal ;
- The validity period of the offer or price;
- Price difference refund conditions
All this information is presented in French and English. The consumer declares that he/she has full legal capacity to enter into these terms and conditions.
1. Complete
These general terms and conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept unreservedly all the provisions of these general conditions. No general or specific condition appearing in documents sent or delivered by the consumer may be incorporated herein, insofar as such documents are incompatible with these general conditions.
2. Object
The purpose of the present general conditions is to define the rights and obligations of the parties within the framework of the online sale of goods and services proposed by the company B 7 PROD SASU to the consumer.
3. Contractual documents
The present contract is formed by the following contractual documents, presented in descending hierarchical order: the present general terms and conditions; the order form. In the event of contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank shall prevail.
4. Effective date - duration
The present general conditions come into force on the date of signature of the order form. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees due by the company B 7 PROD SASU.
5. Signature
Clicking on the “confirm order” icon on the order form constitutes an electronic signature which has the same value between the parties as a handwritten signature.
6. Order confirmation
Contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the consumer on the order form.
The company B 7 PROD SASU reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order. Furthermore, the Company reserves the right to refuse orders and consequently deliveries without having to justify its decision in the event of a problem observed in the functioning of the database. This includes all attempts at fraud or circumvention of the verification protocols put in place for the security of the consumer.
7. Proof of transaction
The computerized registers, kept in the computer systems of the company B 7 PROD SASU in reasonable conditions of security, will be 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 support that can be produced as proof.
8. Product information
8.1 : The company B 7 PROD SASU presents on its website the products to be sold with the necessary characteristics that allow compliance with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before the final order the essential characteristics of the products he wants to buy. The information concerning the products is provided by the suppliers of these products. Despite the care we take in putting our products online, their descriptions and photographs remain indicative and non-contractual. B7 PROD SASU cannot be held responsible for any errors or omissions. If you notice any errors, please let us know.
8.2 - The offers presented by the company B 7 PROD SASU are valid only within the limits of available stocks.
B 7 PROD SASU undertakes to clearly indicate on its website that the sales of products are reserved to physical persons for their personal use and consumption and to authorized distributors. If B 7 PROD SASU receives an order from a consumer whose characteristics suggest that it does not correspond to the consumption and personal use of a consumer and that it may be intended for resale, including :
- if this order exceeds the standards of an individual sale, taking into account customary practice, in particular if it exceeds six (6) units of the same product reference; ;
- or if the order is repetitive, coming from the same person and thus suggesting a collection of products; ;
- or if this order is accompanied by a request for delivery by a forwarding agent or collection by an intermediary; ;
then, B 7 PROD SASU undertakes to block or cancel the order.
9. Awards
Prices are indicated in euros and are valid only on the date the order form is sent by the consumer, except in the case of an obvious error. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. Prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment in full must be made at the time of ordering. At no time may the sums paid be considered as deposits or advance payments.
10. Method of payment
To pay his order, the consumer has, at his choice, all the payment methods mentioned in the order form. The consumer guarantees the company B 7 PROD SASU that he has the necessary authorizations to use the method of payment chosen by him, when validating the order form. The company B 7 PROD SASU reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card from the officially accredited organizations or in case of non-payment. The company B 7 PROD SASU reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially settled a previous order or with whom a payment dispute is being administered.
B 7 PROD SASU does not keep the bank details of its customers.
11. Product availability
Orders will be dispatched from the date displayed on the product sheet. From this date onwards, all orders placed will be executed at the latest within 48 working hours from the day following that on which the consumer placed the order. In the event of unavailability of the product ordered, notably due to our suppliers, the consumer will be informed as soon as possible and will have the option of cancelling the order. The consumer will then have the choice of requesting either a refund of the sums paid within 30 days of their payment, or an exchange of the product.
12. Terms of delivery
The products are delivered to the address indicated by the consumer on the order form. The consumer is required to check the condition of the packaging of the goods upon delivery and to report any damage due to the carrier on the delivery slip, as well as to the company B 7 PROD SASU, upon receipt. «Any package received with a visible defect upon delivery will be the subject of a dispute that cannot be taken into account by the services of B 7 PROD SASU.
As soon as we proceed with a shipment, you will immediately receive an e-mail informing you of this. Each delivery is considered to have been made as soon as the products ordered have been made available to the buyer, as evidenced by the control system used by the carrier on its website for the corresponding online tracking.
As with any shipment, there may be a delay in delivery or the product may go astray. In the event of late delivery in relation to the date we indicated in the dispatch e-mail, we ask you to inform us of the delay by sending an e-mail to contact@gaspardatable.com.
We will then contact the carrier to start an investigation. An investigation can take up to 21 days from the date the investigation begins. If the product is found within this period, it will be returned to you immediately (in most cases). If, on the other hand, the product is not found at the end of the 21-day investigation period, the carrier considers the parcel lost. Only then can we send you a replacement product, at our expense. If the product(s) ordered are no longer available at that time, we will reimburse you for the amount of the products affected by the carrier's loss. We accept no responsibility for longer delivery times due to the carrier, particularly in the event of loss of products or strikes.
In case of error of wording in the delivery address and / or e-mail address by the buyer, the company B 7 PROD SASU can not be held responsible for this error.
In the event that the parcel is returned to B 7 PROD SASU by the carrier following an error made by the purchaser in entering the delivery address and/or e-mail address, the parcel will only be reshipped if the purchaser pays the shipping costs incurred for its reshipment. If the buyer wishes to be reimbursed for the items, the shipping costs incurred by the company B 7 PROD SASU at the time of shipment, offered or not, and corresponding to the geographical destination of the parcel will be retained on the total amount of the sum to be reimbursed.
The company B 7 PROD SASU can not be held responsible in case of theft of the package in the mailbox as part of a delivery without signature, if the carrier has declared the package as delivered after an investigation.
B 7 PROD SASU refrains from selling Products in territories outside the E.E.E. Sales can therefore only be made in countries of the European Union.
13. Delivery errors
13.1 The consumer will have to formulate with the company B 7 PROD SASU the very same day of the delivery or at the latest the first wrought day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications being reproduced on the purchase order. Any claim made after this deadline will be rejected.
13.2 The formulation of this complaint to the company B 7 PROD SASU could be made
- by logging on to our website in the “Contact us” section, where you can ask us your question, specifying the order reference. In this case, please enclose a photocopy of the delivery note included in the parcel.
13.3 Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the company B 7 PROD SASU of any responsibility with respect to the consumer.
13.4 Upon receipt of the claim, the company B 7 PROD SASU will assign an exchange number for the product(s) concerned and will communicate it by e-mail, fax or telephone to the consumer. The exchange of a product can only take place after the attribution to the consumer of an exchange number according to the procedure presented above.
13.5 In case of delivery error or exchange, any product to be exchanged or refunded must be returned to B 7 PROD SASU in its entirety and in its original packaging, by Colissimo Recommandé, to the following address:
B 7 PROD SASU - 7 avenue bosquet - 75007 PARIS
To be accepted, any return must be notified in advance by email to the company B 7 PROD SASU at contact@gaspardatable.com.
Shipping costs are the responsibility of B 7 PROD SASU, unless the product does not correspond to the original declaration made by the consumer in the return form.
14. Product warranties
In accordance with Article 4 of the decree n°78-464 of March 24, 1978, the provisions of the present cannot deprive the consumer of the legal guarantee which obliges the professional salesman to guarantee it against all the consequences of the latent defects of the sold thing. The consumer is expressly informed that the company B 7 PROD SASU is not the producer of the products presented within the framework of the web site, within the meaning of the law n°98-389 of May 19, 1998 and relating to the responsibility because of the defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the responsibility of the manufacturer of the latter may be sought by the consumer, on the basis of the information appearing on the packaging of the said product.
As the products marketed by B 7 PROD SASU are living plant products, the company does not apply a commercial guarantee and declines all responsibility for the life of the product.
Under these conditions, the buyer is responsible for return shipping costs.
15. Right of withdrawal
Plants (bulbs, tubers, bare roots, etc.) cannot be returned or exchanged.
For objects and accessories, the consumer has a period of 14 working days to return, at his own expense, any products that do not suit him. This period runs from the day of delivery of the consumer's order. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. All returns must be notified in advance by email to B 7 PROD SASU:
- by logging on to our website in the “Contact us” section and entering your name and order number.
The product must be returned by Colissimo Recommandé to :
B 7 PROD SASU - 7 avenue bosquet- 75007 PARIS
Only products returned in their entirety, in their original packaging, complete and undamaged, and in perfect condition for resale will be taken back. Products must not have been unsealed or opened. Any product that has been damaged, or whose original packaging has been damaged, will not be reimbursed or exchanged.
Cash on delivery will not be accepted for any reason whatsoever.
This right of withdrawal is exercised without penalty, with the exception of the cost of returning the goods. In the event of exercising the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid, or an exchange of the product. In the case of an exchange, the return will be at the consumer's expense.
In case of exercise of the right of withdrawal, the company B 7 PROD SASU will make every effort to reimburse the consumer within 15 days.
The consumer will then be reimbursed by crediting his bank account (secure transaction) in the case of payment by credit card, or by check in other cases.
In case of abusive returns, B 7 PROD SASU may refuse any further order.
16. Force majeure
Neither party will have failed in its contractual obligations to the extent that their performance is delayed, hindered or prevented by an act of God or force majeure. An act of God or force majeure shall be deemed to be any facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts. The party affected by such circumstances will notify the other within ten working days of becoming aware of them. The two parties will then meet within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the force majeure lasts for more than three months, the present terms and conditions may be terminated by the injured party. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning; stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
17. No partial validation
If one or more stipulations of the present terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
18. Liability
B 7 PROD SASU cannot be held responsible for indirect damages, nor for losses of any kind (financial, commercial, image...) resulting from the use or the impossibility to use a product ordered in its online store.
19. No waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
20. Title
In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.
21. Information technology and civil liberties
The information requested from the consumer is necessary for the processing of his order and may be communicated to the contractual partners of the company B 7 PROD SASU intervening within the framework of the execution of this order. The consumer may write to the company B 7 PROD SASU to oppose such communication, or to exercise his rights of access, rectification with regard to the information concerning him and appearing in the files of the company B 7 PROD SASU, under the conditions provided for by the law of January 6, 1978.
In France, personal data is protected by law no. 78-87 of January 6, 1978, law no. 2004-801 of August 6, 2004, article L. 226-13 of the Criminal Code and the European Directive of October 24, 1995.
When using the https://www.gaspardatable.com website, the following information may be collected: the URL of the links through which the user has accessed the https://www.gaspardatable.com website, the user's access provider, the user's Internet Protocol (IP) address.
In any case, B7 PROD SASU collects personal information relating to the user only for the need of certain services offered by the https://www.gaspardatable.com website. The user provides this information with full knowledge of the facts, in particular when he/she enters the information himself/herself. Users of the https://www.gaspardatable.com site are then informed whether or not they are required to supply this information.
The consumer may write to the company B 7 PROD SASU to oppose such communication, or to exercise his rights of access, rectification with regard to the information concerning him and appearing in the files of the company B 7 PROD SASU, under the conditions provided by the law of January 6, 1978. In accordance with the provisions of articles 38 and following of the law 78-17 of January 6, 1978 relating to data processing, files and freedoms, any user has a right of access, of correction and opposition to the personal data relating to it, while carrying out its request written and signed, accompanied by a copy of the title of identity with signature of the holder of the document, by specifying the address to which the answer must be sent to:
by writing to our company B 7 PROD SASU by mail at the following address : contact@gaspardatable.com
No personal information concerning the user of the https://www.gaspardatable.com site is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of the repurchase of B 7 PROD SASU and its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in turn held of the same obligation of conservation and modification of the data with respect to the user of the site. https://www.gaspardatable.com
Databases are protected by the provisions of the law of July 1, 1998, transposing directive 96/9 of March 11, 1996, on the legal protection of databases.
22. Applicable law
These terms and conditions are governed by French law. This applies to both substantive and formal rules. In case of dispute or claim, the consumer will address in priority to the company B 7 PROD SASU to obtain an amicable solution. Secondly and in case of dispute, the French courts will have exclusive jurisdiction and all disputes will be brought before the Commercial Court of Paris.
The website https://www.gaspardatable.com and its components are the property of B 7 PROD SASU. No reproduction is authorized without prior written authorization.
These terms and conditions may be modified at any time without prior notice.
