1. General information
Welcome to our website: www.plantesetparfums.com
Plantes & Parfums de Provence is a trademark owned by Agape Group.
We take care to check the accuracy and to update all the information published on our website. We reserve the right to correct the content of this information at any time, without notice. Nevertheless, we cannot guarantee the accuracy, precision or exhaustive nature of all the information on our website, which is why we decline any responsibility for any inaccuracy, omission or error in the content of our website.
Lastly, we may not be held liable for any direct or indirect loss, regardless of the cause, origin, nature or consequences thereof, caused by reason of a user’s access or inability to access our website and the use made of the information therein.
The present General Terms and Conditions of Sale only govern the sales of products proposed on our website. All buyers may systematically access them when registering their order. Consequently, by placing an order the buyer implicitly accepts these General Terms and Conditions of Sale, in full, without reservation. Any contrary condition set by the buyer is therefore not binding on the vendor, failing express acceptance, regardless of when the vendor first learned of it. The vendor’s waiver of any provision of the General Terms and Conditions of Sale at a given time may not be deemed a waiver of the vendor’s right to invoke the said provision subsequently.
Prior to placing an order, the buyer must declare that they have full competence to do so by law and to adhere to these General Terms and Conditions of Sale.
Pursuant to the provisions of articles 1316 to 1316-4 of the Civil Code, completed by the Decree no. 2001-272 of 30 March 2001, taken in application of article 1316-4 of the Civil Code relative to electronic signature, we remind you that the confirmation of the order form as stipulated in article 3 below constitutes an electronic signature, which has the same value as a manual signature for the Parties.
AGAPE GROUP reserves the right to modify these General Terms and Conditions of Sale at any time. In that case, the applicable terms and conditions are those in force on the date of the buyer’s order.
2. Products and prices
Pursuant to article L. 111-1 of the Consumer Code, the website user may consult the Plantes & Parfums website to find out the key characteristics or the product(s) they wish to order on before placing an order.
The published offers only apply within the limit of available stocks. The photographs, artwork and descriptions of the products for sale are strictly for information only, and the vendor bears no liability in this respect.
The sales prices for the online products on our website, listed in euros including tax, are those applicable at the time the buyer confirms the order.
They do not include shipping and handling costs charged on top of the price of the products purchased depending on the total order amount. The shipping costs will be indicated before the buyer confirms the order.
AGAPE GROUP may change the sales prices of the products at any time. The buyer will be informed of such changes before any order.
AGAPE GROUP retains full ownership of the products until it receives full payment of the price.
3. Order confirmation and acceptance
Users may learn about the various products for sale by AGAPE GROUP on this website. They may freely browse the various pages of the website with no obligation to place an order.
Users are liable for any telecommunication expenses incurred to logon to the Internet and use the website.
Any order placed entails acceptance of these General Terms and Conditions of Sale without reservation or restriction.
From the moment the buyer registers the order by clicking the “Confirm my order” icon, he or she is deemed to have unreservedly accepted, in full knowledge of the facts, these General Terms and Conditions of Sale, the prices, volumes and the quantities of the products for sale and ordered.
If Users wish to place an order, they must choose the various products that interest them and then click the “Add to shopping basket” box.
The buyer may at any time:
– consult the list of products they have selected or modify their order by clicking “My shopping basket” at the top right hand corner of each page;
– continue selecting products by clicking the “Continue shopping” icon;
– stop selecting products and order them by clicking “Confirm my order”.
To order the products chosen in this way, the buyer must click “Confirm my order”. A summary of the order then appears on the screen. If the list displayed corresponds to the products chosen, the buyer must then validate the list by clicking “Confirm my order”.
The buyer must then enter his or her details, either by entering an e-mail address and password if already a customer, or by correctly completing the form provided for the purpose, which notably features the information required to identify the buyer (first and last names, postal address and e-mail).
The buyer is informed, and accepts, that the entry of an identifier is deemed proof of the buyer’s identity and consent.
Once identified, an order form appears on the screen, summarizing the details of the order: the description, quantity and price of the products selected by the buyer and the total amount of the order, the buyer’s details and the delivery address for the products.
After taking cognizance of the order form and filling in all the information requested, the buyer must click “Confirm my order” to pay for the order. The buyer must select how he or she wishes to pay for the order, on the understanding that the buyer must have the means of payment defined in article 4 below. The buyer must click the button corresponding to the selected payment method.
The sale is only deemed final when AGAPE GROUP sends the buyer the order confirmation and receives payment in full.
The buyer must pay on order. At no time may the sums paid be considered as a deposit or down payment.
All orders are payable in euros. The buyer guarantees to AGAPE GROUP that he or she has the necessary authorization to use the payment means selected upon confirming the order form.
AGAPE GROUP reserves the right to suspend or cancel any order and/or delivery, regardless of its nature or degree of fulfilment, in case of non payment of any sum due by the buyer, payment default or ongoing dispute with the buyer.
Penalties set at the legal interest rate plus five points are applicable by rights to outstanding amounts ten days after the invoice date or as of notification of payment default for any other payment method. The delivery of any new order may be suspended in case of late payment on a previous order, notwithstanding the provisions contained herein.
In the context of the fight against Internet fraud, the information relative to your order may be forwarded to others for verification.
The buyer may use the following methods to pay for the order: credit card, cheque drawn on a French bank, bank transfer or postal order.
– The website accepts the following credit cards: Carte Bleue, Visa, Master Card.
Payments may be made by credit card; they will be processed under the secured CIC Paiement system (online payment tool supplied by Banque CIC Lyonnaise de Banque). This system uses the SSL (Secure Socket Layer) system so that the data sent is encrypted by a software program that prevents others reading it while it transits on the network.
The buyer’s account will be debited on the day of the order in case of payment by credit card.
– Cheques drawn on a French bank:
When paying by cheque, the buyer must make the cheque out to the order of: AGAPE GROUP, and specify the order number on the back of the cheque. The cheque must be sent by post to the following address:
Service Clients Internet
ZA Le Camp Bernard
AGAPE GROUP will ship the products no less than 5 business days after cashing the cheque for the said order, subject to provisions.
– Bank transfers or postal orders:
When paying by bank transfer or postal order, the buyer must cite the order number concerned.
AGAPE GROUP will ship the order upon receipt of the funds for the said order.
5. Delivery and acceptance
The products will be delivered to the address entered on the order form by the buyer, which must be consistent with the previously agreed geographic area, and departing from SABLET.
By default, invoices are sent to the e-mail address entered by the customer when confirming the order.
No complaint from the buyer will be accepted if the procedures set out below are not respected.
The Post Office assures the delivery by Colissimo. If the buyer or the recipient of the order is absent, the postman leaves an advice slip that can be used to collect the order from the nearest post office within fifteen days.
The buyer must check the condition of the parcel and its contents upon delivery, in the presence of the post office employee or deliveryman.
If the buyer has any doubts whatsoever about the condition or content of the parcel, he or she must:
– follow the Colissimo procedure (notably by reporting the damage incurred, any complaints and reservations) and refuse the goods by immediately lodging an incident report with the Post Office employee (form 170) or with the nearest post office within 48 hours of receiving the parcel.
– report these facts to AGAPE GROUP at email@example.com within 48 hours, specifying the order number.
The Post Office delivery times, after acceptance of your order, by Colissimo are 3 to 5 business days for France, and 5 to 7 business days for the other countries we deliver.
Any order confirmed before 12 noon, Monday to Friday (except public holidays), is usually processed the same day subject to available stocks. Any order confirmed between Friday 12 noon and Sunday evening is usually processed the following Monday (save public holiday).
These delays are provided for information only.
The products are proposed within the limit of available stocks. The buyer will be informed as soon as possible if a product is out of stock.
The buyer may then cancel the order and request reimbursement of the sum paid no later than thirty (30) days after the said sum was debited, by sending an e-mail to firstname.lastname@example.org, or ask to exchange the unavailable products. In the case of an exchange of products, the customer must pay the shipping costs.
6. Product returns
Pursuant to article L. 121-20 of the Consumer Code, the buyer has seven full days from the date of receipt to return the products ordered, at his or her expense, for refund.
The products must be returned to AGAPE GROUP – ZA Le Camp Bernard-84110 SABLET, in perfect condition and duly sealed in their original state (packaging, accessories, instructions, etc.).
When a buyer returns products, he or she is liable for any risk relative to the product return. AGAPE GROUP will not take delivery of parcels sent postage due.
Failing respect of the aforementioned procedure and deadlines, the buyer may not submit a complaint for non-conformity or obvious defect of the products delivered, as the latter are then deemed in conformity and free of any obvious defect.
7. Resale ban
It is forbidden to buy our products for the purpose of resale, particularly on websites.
8. Title retention
AGAPE GROUP retains full title to the products sold until payment in full of the price in principal, including costs and tax.
AGAPE GROUP may not be held liable for breach of contract in case of inventory shortages or product unavailability due to a case of force majeure, disruption or total or partial strike, particularly with regard to postal services and means of transport and/or communications. The products proposed comply with the applicable French legislation.
AGAPE GROUP points out that any creation of a hypertext link to this website is subject to the express prior written agreement AGAPE GROUP.
If one or several stipulations of these General Terms and Conditions of Sale are deemed invalid or declared invalid in application of a law, a regulation or as the result of a firm ruling by a competent court, the other stipulations shall retain their full effect and scope.
A party’s failure to invoke a breach of any of the obligations referred to in these General Terms and Conditions of Sale by the other party, may not be deemed a waiver of the said obligation in future.
Pursuant to the law no. 78-17 of 6 January 1978 relative to computer processing, files and data privacy, the processing of personal data collected on this website has been duly filed with the Commission Nationale de l’Informatique et des Libertés. Users have the right to consult, modify, rectify and delete their personal data. To exercise this right or consult their personal data, users must send a letter to: Customer Service Department, AGAPE GROUP – ZA Le Camp Bernard -84110 SABLET.
10. Intellectual property
All elements of the Plantes & Parfums De Provence website are the exclusive intellectual property of AGAPE GROUP. Nobody is allowed to reproduce, exploit, rebroadcast or use, in any capacity whatsoever, the website elements, whether software, visual or sound elements.
The reproduction or use of all or part of the said elements is only allowed for the sole purpose of information for personal and private use, and any reproduction and use of copies made for other purposes is expressly forbidden. Any other use constitutes a punishable offence under Intellectual Property law, barring prior written authorization from AGAPE GROUP.
11. Applicable law and jurisdiction
Sales of the products of AGAPE GROUP are governed by French law. This language of this agreement is French.
Failing private settlement, the Valence (26) courts shall have sole competence to settle any dispute relative to the interpretation, execution or termination of the agreement made between AGAPE GROUP and the buyer, even in case of multiple defendants.
12. Consumer service
For any information, question or advice, please contact our consumer service:
ZA Le Camp Bernard
+33(0)4 90 10 08 00
+33(0)4 90 12 35 86