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GENERAL CONDITIONS OF SALE ON THE GARDENA.COM/xx ONLINE SHOP
These are our General Conditions of Sale which are intended to define the conditions under which GARDENA processes orders placed on the www.gardena.com/xx site.
1. SCOPE
1.1 These General Terms and Conditions of Sale for the GARDENA Online Shop (the "Terms") set out the specific terms and conditions applicable to the supply of products, including accessories and spare parts, ("the Products") ordered by consumers ("you") from the GARDENA Online Shop at www.gardena.fr (the "Online Shop") for delivery in France. Further information about the Products and the applicable warranty (including Product specifications) can be found on the Product page(s) of the Online Shop. Please read these Terms carefully before submitting your order to us. These Terms tell you who we are, how we will supply the Products to you, how you and we can change or cancel an order, what to do if there is a problem and other important information. If you think there is an error in these Terms, please contact us to discuss it.
1.2 You acknowledge having read these General Conditions of Sale on the gardena.com/fr prior to sending your order and having had communication of all the information listed in Article L.221-5 of the Consumer Code in a legible and understandable manner. The validation of your order implies unreserved acceptance of these General Conditions of Sale.
1.3 When you order GARDENA products from this Online Shop, your counterparty is GARDENA Manufacturing GmbH (trading as GARDENA), phone number: 0810 00 78 23 and fax number], [A1] gardenashop-xx@husqvarnagroup.com, whose registered office is at Hans-Lorenser-Str. 40, 89079 Ulm, Germany, commercial register: HRB Ulm 1315 ("GARDENA", "we", "us" or "our", as applicable). The VAT number of GARDENA Manufacturing GmbH is DE 811 134 311.
The seller of the Products is GARDENA.
Unique identifiers:
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WEEE: Ecologic – Registration number: FR003374_05CBZG
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Packaging: Citeo - Registration number: FR011578_01ZBFO
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Battery Legislation: Screlec - Registration number: FR003374_050GAT
1.4 You can contact our customer service by e-mail. If you have any questions regarding your order in the Online Shop, please send us an e-mail to gardenashop-xx@husqvarnagroup.com. For general enquiries and product support, please email us at gardena.xx@husqvarnagroup.com.
1.5 We encourage you to read the Terms carefully before ordering Products. By clicking on the button “buy now” during the ordering process and submitting the order through the Online Shop, you accept and agree to be bound by these Terms. GARDENA reserves the right to change the Terms at any time, without notice, by posting a new version of the Terms on the Online Shop. However, any such change will have no effect on orders that were submitted prior to the amended Terms being published on the Online Shop. Your use of the Online Store is also subject to other rules available on the Online Store, including the Privacy Policy and Cookie Management Policy. We recommend that you keep a copy of these Terms in a safe place.
1.6 By accepting these Terms, you certify that you are of legal age and have the capacity to enter into a contract with GARDENA.
2. ORDERING PRODUCTS
2.1 The Products are ordered and the contract for the sale of the Products is concluded in the following process:
2.1.1 After selecting the Products on the Online Shop, follow the order validation process during which you will be guided by a series of instructions. By clicking on button “buy now” during the end of the ordering process a binding contract between you and GARDENA is established.
2.1.2 You can order as a guest or you can order with your GARDENA account if you already have one. If you don`t have a GARDENA account already you will have the possibility to create such an account after your purchase.
2.1.3 When placing an order, you will be asked to provide information about yourself and your order, such as contact details, delivery address and details of the payment method you have selected (for example, credit card number or Paypal), additionally it will be asked for your phone number (you have the right to register on the Bloctel list opposing telephone solicitation in order not to be the subject of commercial prospecting by telephone). Please note the phone number is not mandatory but will help us contacting you in case of a failed delivery attempt. This will be done by us or our logistics partner.
2.1.4 After placing your order, you will receive an order confirmation email listing the Products you have ordered. Please retain your order number and the date of your order for future reference.
2.1.5 Once your order has been processed by GARDENA and your Product is ready for dispatch, GARDENA will send you a dispatch notice by email. This dispatch notice will include a track & trace link allowing you to follow your order. Please note, changes with regards to delivery locations, delivery dates or delivery times can at that point in time no longer be made by you.
2.1.6 Order Cancellation made by GARDENA. It might be the case that the products you ordered from us are subject to an exceptional stock shortages beyond our control, GARDENA retain the right to cancel part of your order or the order entirely. In those cases, you will certainly receive an e-mail stating which products were affected by the cancellation. You will of course be reimbursed straight after the cancellation has taken place. We will refund you all the money you paid to us back in your account. Processing the refund requires in average 2-3 working days until you see the compensation on your bank account.
2.2 We will assign an order number to your order and provide you with this number. It will be helpful to us if you can provide us with the order number whenever you contact us about your order.
2.3 The Online Shop is only intended for the promotion of our Products in mainland France (including Corsica). Unfortunately, we do not deliver to addresses outside mainland France as well as Monaco.
2.4 Products (in particular, colours, packaging) may vary minimal from the images on the Online Shop.
2.5 If you wish to make a change to your order after you have placed it, please contact us. We will let you know if the change is possible. If so, we will inform you of any changes to the price of the Product, delivery time or any other changes that may be required as a result of the requested change and ask you to confirm whether you wish to make the change. If we are unable to make the change or if the consequences of the change are unacceptable to you, you will still be free to exercise your right of withdrawal in accordance with Section 5 below.
2.6 If an order has been placed by using software, robots, web crawlers, web spiders or any automated system or scripted behaviour and using third party services to place an order on your behalf, we reserve the right not to accept an order or to cancel an order.
3. DELIVERY
3.1 The Products will be delivered to you according to the shipping option you selected during the order process. Delivery will be made by GARDENA's subcontractors (e.g. our transport partners). You hereby agree to receive information about the delivery of the Products directly from these subcontractors. The delivery costs will be shown to you in the Online Shop during the ordering process.
3.2 We will deliver the Products to you within the time limit indicated in the summary of your order.
3.3 Delivery will be made when GARDENA delivers the Products to the address provided during the ordering process. If no one is available at the address to take delivery, reasonable steps will be taken to attempt to make delivery. In doing so, you acknowledge that you may receive information about rearranging delivery or collection of the Products directly from our subcontractors (i.e. our transport partners). If you do not rearrange delivery or not collect them from a delivery depot, we will contact you for further instructions and may charge you for storage and any other delivery charges. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection, we may terminate the contract.
4. PRICES, DELIVERY CHARGES AND PAYMENT
4.1 The prices applicable to the Products are set out in the Online Shop and confirmed during the ordering process. All prices on the Web Store are quoted in Euros, inclusive of VAT but exclusive of delivery (which will be added to the price of the Products and detailed before you accept the Terms). Our delivery costs are four euros and ninety-five cents (EUR 4.95) euros for each delivery. We might split your order into multiple shipments to provide you with the fastest service possible. This service is provided free of charge to you.
4.2 If our delivery of the Products is delayed subject to an exceptional stock shortage beyond our control, we will contact you as soon as possible to inform you of this and we will take the necessary steps to minimise the effect of the delay. In this case, we will not be responsible for any delays caused by the event, but you may contact us to terminate the contract and receive a refund for any Products you have paid for but not received. To do so, please send us an e-mail to gardenashop-xx@husqvarnagroup.com and let us know that you want to cancel your order. Please use your order number and delivery date as a reference when reaching out to us.
4.3 The available payment methods are shown in the Online Shop at the beginning of the order process and at the time of payment. We accept the following payment methos: credit card (Visa & Master Card) and PayPal. Your credit card or PayPal account will be debited and the bank transfer will be made, respectively, when your order is placed in the ordering process. The Products will be shipped once the credit card or PayPal account has been debited or the payment has been received (respectively).
4.4 By placing an order through the Online Shop, you warrant that the payment details provided on your order are valid and correct and that you are authorised to use the chosen payment method.
4.5 Upon your request, we will send you an invoice to your email address . For request please send us an email to gardenashop-xx@husqvarnagroup.com. You agree to receive invoices and credit notes only in electronic form.
4.6 A Product will be your responsibility from the time we deliver the Product to the address you have given us, or to a carrier arranged by you, or when you collect it from our subcontractor (i.e. our shipping partners).
4.7 You own a Product when we have received payment in full for it.
5. INFORMATION ON EXCERCISING THE RIGHT OF WITHDRAWAL
5.1 Right of withdrawal
You have the right to withdraw from this contract without giving any reason within fourteen days.
The withdrawal period expires fourteen days after the day where you, or a third party other than the carrier and indicated by you, takes physical possession of the last good.
To exercise the right of withdrawal, you must notify us GARDENA Manufacturing GmbH, Hans-Lorenser-Str. 40, 89079 Ulm Germany, 0810 00 78 23, gardenashop-xx@husqvarnagroup.com of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post or e-mail). You can use the model withdrawal form but this is not mandatory.
For the withdrawal period to be respected, it is sufficient that you send your communication on the exercise of the right of withdrawal before the withdrawal period expires.
5.2 Effects of withdrawal
If you withdraw from this contract, we shall refund all payments received from you, including delivery costs (except for any additional costs arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered by us) without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same method of payment as you used for the original transaction, unless you expressly agree to a different method; in any event, no costs will be incurred by you as a result of this refund. We may defer the refund until we have received the goods or you have provided proof of dispatch of the goods, whichever is the earlier.
You must return the goods to
GARDENA Manufacturing GmbH
Service Gardena
Hans-Lorenser-Str. 40,
89079 Ulm
Germany
without undue delay and in any event no later than fourteen calendar days after you have informed us of your decision to withdraw from this contract. This period shall be deemed to have been observed if you return the goods before the expiry of the fourteen-day period. You shall bear the direct cost of returning the goods.
SAMPLE WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of
GARDENA Manufacturing GmbH
Hans-Lorenser-Str. 40,
89079 Ulm
Germany
Phone: 0810 00 78 23
E-Mail: gardenashop-xx@husqvarnagroup.com
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of the consumer(s) (only if this form is notified on paper) :
Date :
(*) Delete as appropriate.
6. INSPECTION, INSTALLATION AND USE
6.1 pon receipt of the Product, it is your responsibility to inspect the Product for any damage incurred during transport or any apparent defect. Any damage or defect found must be noted on the delivery note and notified to GARDENA without delay at the email address indicated in Section 1.4, without prejudice to the right of consumers to make a subsequent claim on the conformity of the Product within the period of the legal guarantee of conformity.
6.2 You are responsible for the installation and use of the Products you have purchased from the Online Shop. For proper advice, always read the instructions on the packaging of the Products and the GARDENA user manual and installation guide.
6.3 Spare parts and accessories indicating a warn notice on their product page and purchased by you from the Online Shop must always be installed and used in accordance with the user manual and installation guide of the Product in/for which you wish to install and use such spare parts/accessories.
7. LEGAL RIGHTS OF CONSUMERS AND MANUFACTURER´S WARRANTY
7.1 Statutory rights of consumers
For consumers, it is recalled that under the legal guarantee of conformity:
- You have a period of two years from delivery of the Products to act against GARDENA.
- You can choose between repair or replacement of the Products, subject to the conditions of cost provided by Article L.217-9 of the Consumer Code. If repair and replacement of the Product is not possible, you may return the Product and have the price refunded or keep the Product and have part of the price refunded.
- You are exempted from proving the existence of the defect in conformity of the Products during this period.
The legal guarantee of conformity applies independently of the commercial guarantee that may cover the Products.
You may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, you can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Extracts from the Consumer Code and the Civil Code:
Article L.217-4 of the Consumer Code:
The seller delivers a good in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L.217-5 of the Consumer Code:
The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L.217-12 of the Consumer Code:
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L.217-16 of the Consumer Code:
When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days shall be added to the duration of the guarantee that remained to run.
This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.
Article 1641 of the Civil Code:
The seller is bound by the guarantee for hidden defects of the thing sold which makes it unfit for the use for which it was intended, or which reduce this use so much that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them.
Article 1648 paragraph 1 of the Civil Code:
The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
In case of any questions, you can refer to our customer service team which is trying to support you with any inquiry: gardenashop-xx@husqvarnagroup.com.
7.2 MANUAFCTURER`S WARRANTY
GARDENA grants for all new Original GARDENA products (except of spare parts) a manufacturer`s warranty. Please find our Terms and Conditions for this manufacturer`s warranty Conditions de garantie (master) - GARDENA. In addition to this manufacturer`s warranty, you are entitled to statutory rights in the event of defects. These rights can be exercised free of charge and are not restricted by the manufacturer`s warranty.
8. OUR LIABILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
8.1 GARDENA shall not be liable for damages resulting from (a) improper use or handling of the Product, (b) use and/or installation of the Product in combination with devices/products for which the Product was not designed, or (c) improper installation of the Product. Please note that improper use, installation or maintenance of the Product may result in personal injury and/or property damage.
8.2 The limitations of liability set out in Section 8.1 shall not apply in the event of gross negligence or wilful misconduct and GARDENA shall not limit its liability in any way for personal injury caused by negligence. Furthermore, nothing in the Terms shall limit in any way the rights of consumers under mandatory legal provisions.
8.3 We are not responsible for commercial losses. We supply the Products for domestic and private use only. If you use the Products for commercial, business or resale purposes, we will not be liable for any loss of profit, loss of business, business interruption or loss of business opportunity.
9. PROCESSING OF PERSONAL DATA
GARDENA operates for the management of the Online Shop processing of personal data. For more information on this processing, please see the "Privacy Policy".
10. RETURNS; CUSTOMER SUPPORT
10.1 If you wish to return a Product to GARDENA for repair, replacement or refund (as set out in the Terms), please contact us using the contact details set out in Section 1.4.
10.2 For general questions regarding the use, maintenance or services of the Product, please refer to the user manual or information available on the Online Shop.
11. MISCELLANEOUS
11.1 GARDENA may subcontract and/or transfer its rights and obligations as set out in the Terms without your consent and without prior notice to you (in the event of a transfer of your rights, GARDENA will notify you in writing), but this shall not affect your rights or GARDENA's obligations under the Terms.
11.2 GARDENA may from time to time run campaigns, sales promotions or offer other benefits ("Promotions") in connection with the Products offered on the Online Shop. The validity and terms of any Promotions will be set out in additional terms and conditions and/or documents to which you have access. Unless otherwise provided in such additional documents, the Terms will govern the sale of Products ordered under a Promotion.
11.3 We intend to rely on the Terms and your order. If you require any changes, please ensure that you make your request in writing. This can help avoid any problems with what you expect from us and what we expect from you. If any of the provisions of the Terms are found to be invalid, void, unenforceable or illegal in whole or in part, the remaining provisions and other rights and obligations under the Terms will remain unaffected and in full force and effect.
12. APPLICABLE LAW; SETTLEMENT OF DISPUTES
The present Terms and Conditions are governed by French law, subject to the application of the mandatory national rules of the consumer's country of habitual residence.
You may take legal action concerning the Products by bringing the matter before one of the courts having territorial jurisdiction under the Code of Civil Procedure, or before the court of the place where you resided at the time of the conclusion of the contract or of the occurrence of the harmful event.
You may also have recourse to a consumer mediator, under the conditions defined in Articles L.616-1 et seq. of the Consumer Code and according to the system accessible at www.economie.gouv.fr/mediation-conso. The mediator for GARDENA is Ms. Angela ALBERT, the entity of Mediation of Consumption AME Conso, whose headquarters is located 11, place Dauphine 75001 Paris, telephone: 09.53.01.02.69, website: www.mediationconso-ame.com.
The European Commission provides a platform for online dispute resolution (OS), which you can find here: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute settlement procedure of the consumer arbitration boards.
