EN ▼

Terms and Conditions

INTRODUCTION

 

JardinChic.net is edited by the company Hortorum, SAS with capital of € 25,000, which is headquartered in France, Annecy le Vieux (74940) 28 Chemin des Chapelaines registered under the unique identification number 803 767 821 RCS Annecy..

Hortorum is the offeror for the sale of the products presented on it's website http://www.JardinChic.net

These general conditions of sale apply between the customer of the website Jardinchic.com and Hortorum.

General conditions of sale as well as the purchase and the order confirmation established the sales contract between the customer and Hortorum related to the sale of products ordered.

Without preliminary exemption written by Hortorum, its supplies are, by full right, subject to these terms and conditions which shall prevail over all other conditions of purchase or order.
All information contained in www.JardinChic.com website (hereinafter referred to as the website) are in French.
The customer acknowledges that, prior to placing the order, read all of the above information and terms and conditions. Accordingly, the placing of an order implies full and unreserved acceptance of these Terms customer. These conditions are made available to the customer on the home page of the website of Hortorum.
Hortorum reserves the right to modify at any time without notice the terms and conditions of sales, changes are then applied to all subsequent commands to change.
Any use of this website and any ordering of one or more product (s) via the website implies full acceptance of all the terms and conditions of sale.
General conditions of sale are for consumer customers, excluding any professional.
As a consumer, so the customer has specific rights, which would be compromised in the event that products acquired through the website would actually related to his professional activity.
Only persons legally capable of entering into contracts for the products offered for sale on the website can order on the website. When placing the order, the customer warrants that it has full legal capacity to adhere to the terms and conditions, ordering and close a sale.
For information on the execution of one or more commands, or treatment of a complaint, the customer should contact the Customer Service :
-  By phone :  +33 (0)4 50 01 34 96 Monday to Friday from 9h to 12h30 & from 13h30 to 17h30
-  By post to the following address : Jardinchic - HORTORUM SAS - 13 rue du Pré Paillard - 74940 ANNECY LE VIEUX FRANCE.
-  By email : [email protected]

1-SUBJECT

These terms and conditions are intended to define the rights and obligations of the parties under distance selling of goods on the website or through the customer service site established by Hortorum for.

2-COVERAGE OF THE OFFER

The geographical area covered by the offer of Hortorum's shop is the next :
France, Belgium, Luxembourg, Switzerland, Germany, Netherlands, Great Britain, Italy, Spain, Austria, Portugal, Denmark
Any order from a geographical area other may nevertheless be studied by Hortorum. If accepted, an estimate on the cost of delivery will be sent to the customer prior to the confirmation of the order.

3- CREATING AN ACCOUNT

To order products on the website, the customer must create an account by providing the information requested in the registration form.
To this end, the customer declares providing complete personal information, not erroneous as to enable to make precise identification in any situation. Any fanciful personal information, slanderous may lead to the closure of the account and cancel the order.
When creating an account, the customer chooses a username and password. The customer agrees to keep their username and password confidential.
This account can be accessed at any time by the customer through its identifiers.
The customer is responsible for all actions performed on the website using his login and password. Any user registered on the site will be commited for any order placed with entering their username and password, subject to rights of retraction of the article 16.

4-CONTRACT DOCUMENTS

The contract of sale between the parties is formed, in order of decreasing legal value, with the following documents :
- these general conditions of sale 
- the order sent by the customer
- the order confirmation sent by Hortorum
The photographs illustrating the products on the website does not fall in the contractual field. If errors or alterations resulting from the processing of these photographs were introduced there, the responsibility of Hortorum can in no case be liable for doing so.

5-STOCK AND AVAILABILITY

The products offered on the website are accompanied by an indicative time availability and delivery times. This information is updated regularly. A product mentioned "in stock" is present in Hortorum own stocks. The effective availability of a product can vary rapidly as a function of sales on the website or stock from suppliers (JIT production for some products).
Hortorum can not be held responsible if the indicative availability and delivery time of the products are modified. In the event of unavailability of product after the order placing Hortorum undertakes to contact the customer as soon as possible by phone or email. The customer may choose to keep the order or cancel it.
Hortorum make the refund by crediting the bank account no later than fourteen (14) days from customer payment.

6-ORDERING

The customer can order in English directly on the website after entering his login and password, in accordance with Article 3..

Navigating through the different sections of the website, the customer can place the products of his choice in the shopping cart by clicking the button "Add to cart". At any time and up to confirmation of the global order, the customer can change his mind, change quantities and cancel one or more of selected products.

Each of the steps necessary for the sale are stated on the website.

All product information can be given, and all orders can also be placed by the customer, in English, please contact Customer Service at +33 (0)4 50 01 34 96.

For any requests or orders, the customer continues to cover the cost of telecommunications in internet access and use, or when calling website's customer service.

In compliance with the clauses of Article 1369-5 of the Civil Code, the customer will be able to check the details of the order and its total price and, where necessary, correct or modify before confirming his order for express acceptance.

Hortorum can not be held responsible for mistakes entered by the customer, or potential consequences in terms of delays or misdelivery. In these cases, the costs incurred by any return will be payed by the customer.

Once the contents of his shopping cart validated, the customer confirms his order :
-  completing all of the information requested ;
-  declaring unreservedly accept the full terms and conditions of sale ;
-  validating the payment.
The validation of the order by the "click" of customer brings acceptance of the prices and specifications of products purchased by the customer.

7-ORDER CONFIRMATION

Once the order validated by the customer under the terms of Article 6, an email confirmation acknowledging receipt of the order and containing all of this information is sent by Hortorum to the customer as soon as possible.

The order will be considered final only after the customer's email confirmation being sent by Hortorum referred to in Article 7, and the sale of the product(s) will be recognized only after receiving the effective payment of the price from the customer.
In the event that a product ordered by the customer is unavailable, particularly because of stoppage of production or distribution by a supplier, Hortorum undertakes to inform the customer by e-mail as knowledge of such unavailability.

In that case, Hortorum informs the customer, if necessary, about the new term by which the product will be available and suggest, if it exists, an equivalent product.

If the customer refuses to wait for the availability of the product, or refuses an equivalent product, he will be refunded the price of the product, if his bank account already has been debited, within 14 days of the date of confirmation refusal.

Accordance with the clauses of Article L.122-1 of the Consumer Code, Hortorum is entitled to refuse any order for legitimate reasons, especially in case of payment problem, predictable difficulty under delivery, abnormal control or placed in bad faith. Hortorum also reserves the right to request an e-mail and / or telephone of documents of identity, in which case the customer will have the option to cancel the order.

Likewise, upon receipt of the order, Hortorum is entitled to refuse the order in the event that prices displayed online or as they appear from the order are not the actual selling prices, resulting for instance of consistent error or technical malfunction, computer bug, ridiculous or not.

8-DURATION OF THE OFFER

Product offerings and prices are valid until they appear on the website, provided that the website is updated daily.
Product offerings agree within the limits of available stocks. In the event that a product is unavailable, partly because of a shortage, Hortorum agrees to remove the product from the website as soon as possible.

Commercial or promotional operations are mentioned as such on the website and indicate their validity.

Promotional codes do not apply on the collection of some brands. For these brands, no professional discounts are applied (excluding projects with important quantities, studied upon request)

This doesn't call promotional operations into question like online commercial operations during sales period or good deals on products in stock.

5% discount codes do not apply on products of the brands below:

-Architettura Sonora

-Boqa

-Cesarré

-Conmoto

-Ecosmart Fire

-Eternit

-Grilltech

-Hang-In-Out

-Heatscope

-Heatstrip

-Höfats

-Hotspot

-Jokodomus

-Oxyo

-Pedrali

-Rs Barcelona

-SmartPlayHouse

10% discount codes and more do not apply on products of the brands below:

-Architettura Sonora

-Arkema Design

-Boqa

-Cesarré

-Conmoto

-Ecosmart Fire

-Ego Paris

-Eternit

-Extremis

-Grilltech

-Hang-In-Out

-Heatstrip

-Heatscope

-Höfats

-Hotspot

-HobbyFlower

-Jokodomus

-Oxyo

-Pedrali

-Röshults

-Rs Barcelona

-SmartPlayHouse

-Teracrea

-Vonk

9- PRICE - INVOICE

Product prices indicated on the website are in Euros all taxes included. The amounts expressed in U.S. dollars or in other currencies are indicative only. The guaranteed price to the customer is the one displayed in Euros (€) on Hortorum website at the time of ordering.
The fixed price when buying is firm and final. The prices do not include delivery charges, which will be indicated to the customer either at the time of the order on the website or in its call to customer service, and before he validates his order. These costs are payed by the customer.
For deliveries of products outside the French territory, the provisions of the Tax Code in respect of VAT will apply. Any change in the applicable rate may be reflected in the selling price of products in the catalog.
For deliveries outside of the European Union, the customer must pay customs duties, VAT or other taxes due in connection with the importation of goods into the country of the place of delivery.
Formalities relating thereto are the sole responsibility of the customer, unless otherwise indicated. The customer is solely responsible for the verification of import of products ordered under the law of the territory of the country of delivery.
An invoice will be issued by Hortorum.
Hortorum reserves the right to change prices at any time without notice but the price applicable to the customer's will that stated in the summary of the shopping cart during the validation of the order. The prices displayed online or apparent from the order are guaranteed, unless they prove, mainly because of an error or a technical malfunction, computer bug, derisory or non-conforming to the actual selling price of the product.

10-PAYMENT

Payment of the full price comes upon confirmation of the order by the customer on the website.
The customer agrees to pay the stated price for the product ordered on the website (product prices and transport) and to pay or make appropriate adjust, and the forwarding agent or carrier, rights customs, VAT or other taxes due in connection with the importation of goods into the country of the place of delivery.
The customer can pay his order by:
• Credit card as proposed on the website.
The order of payment by credit card cannot be canceled. Payment of the order by the customer shall be irrevocable, without prejudice to the customer to exercise his right of withdrawal.
For an order via the website or by phone via customer service, the customer confirms and warrants that he is the owner of the credit card and this gives access to sufficient funds to cover the payment of the order.
Payment will be considered effective after confirmation of the agreement of payment centers.

• By Paypal. The customer guarantees to Hortorum that he has the necessary permissions to use this payment method when placing his order.

Hortorum implements all necessary means to ensure the security and confidentiality of the data transmitted on the site (including online payment). For this purpose, the website uses a payment system and remote data encryption using SSL and which pass unencrypted over the network. In addition, the transaction is effected through the banking platform e-transaction Credit Agricole which only has confidential information (card number, expiry date) provided by the customer at time of payment.

11-DEFAULT - RETENTION OF TITLE

Ordered products remain the property of Hortorum until full and final payment of the price under the terms of Law No. 80335 of 12 May 1980. Hortorum reserves the right to reclaim the goods ordered in the event of payment default.
In this case, and on Hortorum's first request, the customer agrees to return any product not paid all at his own expense.

12-TRANSFER OF RISK

The transfer of risk to the customer comes up after pick up of the goods by Hortorum's carrier. Products travel under customer's risk. It is the same when sending or returning goods carriage free.
During the withdrawal period referred to in Article 16 hereafter, the customer is responsible for the goods as a guardian. In case of damage or destruction of the product during the customer's care, he will support the consequences. (see Conditions 13 Delivery hereafter)

13-DELIVERY

In principle, the product delivery will take place after registration of payment of the order to the delivery address specified by the customer during the order placement.

Hortorum agrees to make delivery of the items ordered in the shortest time according to the method of delivery chosen and the availability of items. The delivery times quoted on the website are the usual average times and correspond to the total processing times and routing .
When a customer orders several products at the same time and the shipping time are different, the actual shipping time may be the longest time , the entire order being prepared when all products are receipt to Hortorum's stock excluding items in stock that are shipped as soon as possible. The customer has the option of fact at the time of the order to split shipments , participation in shipping is charged based on the number of sending, or to opt for a group based on shipping time longer.
The geographical area of delivery corresponds to the geographical area covered by the offer .
The delivery will be shown to the customer during the procurement procedure of the order prior to the confirmation of the order and before payment.
The products are delivered to the address specified by the customer when ordering . The information provided by the customer, when making an order commit the customer: if there is mistakes in the delivery address, the seller cannot be held responsible for the impossibility to deliver the product. In this case the costs of re-delivery will be borne by the customer and billed at actual cost.
In case of delayed delivery, the customer may terminate the sale as provided by Article L.114-1 of the Consumer Code , provided that the delay in delivery is not found due to the customer , especially if unavailable to receive delivery.
Delivery shall be deemed made upon delivery of the product to the carrier. The availability of the product is validated by the system control and traceability used by the carrier .

During phone appointment with the carrier, the customer must specifically report any difficulties of access or passage deliverers might encounter. The customer will measure the access passages of his home to confirm to the carrier its accessibility to the ordered product.

The customer agrees to be present on the day of delivery as agreed with the delivery and check the conformity of the order upon receipt.

If undeliverable day appointments because of access difficulties, unreported passages in advance , in the absence of customer appointments agreed with the carrier, additional fees will be charged by Hortorum .

If false, or incorrect measurements taken by the customer , the additional costs associated with the rental of forklifts , storage, returned goods will be exclusively payed for the customer.

All additional costs related to the rental of forklifts, storage or related to the absence of the customer and the risk of damage resulting from these constraints will be invoice to the customer. A service delivery platform by the window can be assessed. This service will result in additional costs that will be billed to the customer; at his request, a quote will be achieved .

The delivery note delivered by the carrier , be dated and signed by the customer upon delivery of the product.
Upon delivery, the customer must verify the content, conformity and condition of the product .
In case of delays, damages, total or partial , or some other problem losses, the customer will have to take action against the carrier without the responsibility of Hortorum can never be questioned .
Hortorum recommends the customer to check on delivery and in the presence of the carrier content and compliance of the goods. In the event that the customer would have any doubt of any kind whatsoever on the state or the contents of the package , it will check the condition of goods received and issue accurate and detailed handwritten reserves, dated and signed by follows: on the delivery note provided by the carrier in the presence of the deliveryman. And in any case, prevent the company Hortorum by letter to his office  Jardinchic - HORTORUM SAS - 13 rue du Pré Paillard - 74940 ANNECY LE VIEUX FRANCE. Verification package are deemed to be made and can no longer be disputed, since the customer or any person authorized to receive the parcel signed the delivery note.
In no way, Hortorum's responsibility may be called into question.
In case of absence at the time of delivery, the carrier will leave a notice at the delivery address specified by the customer . The products must be collected at the address and in the manner specified by the carrier.
If the products are not collected in a the deadline set by the carrier, the products will be returned to Hortorum which reserves the right to refund the product price, transport costs are borne by the customer.

14-MAJOR FORCE

Expressly considered as cases of force majeure, in addition to those usually retained by the jurisprudence of French Courts and Tribunals:
-Total or partial strikes, internal or external to the company, blocking of means of transportation or supplies for any reason whatsoever, legal or governmental restrictions, computer failures, including blocking of telecommunications networks including internet.
The occurrence of a force majeure suspend, at first, by right, the execution of the order.
If after a period of three (3) months, the parties note the persistence of force majeure, the order will be canceled, unless otherwise agreed by both parties.

15-CLAIMS

Claims for non-conformity of the goods with the order must be made in writing directly to Hortorum and immediately upon receipt. The customer must keep the packaging and the delivery.
In case of error on the product, the customer agrees to return the product or products concerned within 7 days of receipt to Hortorum under the condition that they be returned without opening their packaging in their condition and original packaging with accompanying documents.
Upon receiving the product in due form, Hortorum will send, at its expense, the product initially ordered.

16-RIGHT OF WITHDRAWAL

Within 14 working days (from the receipt of the last item ordered in the case of a multiple order), the client has a right of return, at his own expense, from the delivery of his order, for exchange or refund, of products that do not suit him in accordance with Article L 121-16 of the Consumer Code. Except for assumptions of lack of conformity or hidden defects of the product, the costs of return are the responsibility of the customer.

To exercise this right of withdrawal, the customer must send to Jardinchic his withdrawal request via the return form provided or by email to the address [email protected]. The customer must provide all the information necessary to take his request into account: name, first name, order number, product (s) concerned by the withdrawal wish, date of order, date of receipt of the goods.

If the deadline expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.
The returned product must be returned in its original condition and packaging. It must not have been used, nor have it suffered any deterioration so minimal is and be in a state of perfect cleanliness. This right of withdrawal is exercised without penalties, except for the costs of return.
Upon receipt of the product, the customer will be refunded the sums paid, according to the means of payment used during the order.
If the right of withdrawal is used for only part of the order, only the price invoiced for the returned products will be refund.

In the event of a partial withdrawal of the order, the customer who would have benefited from the free delivery at the time of the initial order due to the overshooting of a certain order amount, may be refilled the delivery costs corresponding to his If the latter were to fall below the free delivery threshold.
By way of exception, the right of withdrawal may not be exercised for the contracts listed in Article L.121-20-2 of the Consumer Code, in particular contracts for the supply of goods made according to consumer specifications or clearly personalized or Which, because of their nature, can not be redirected or are liable to deteriorate or to perish rapidly.
Products must be returned to Hortorum at the following address: JardinChic Chez Sport Invest SVT 6 rue des Bouvières Pae Les Glaisins 74940 ANNECY LE VIEUX
The products must be returned in their original packaging, properly protected (the products delivered on pallet must be repackaged as they were at the reception). They must be in a perfect state of resale. Any returned product incomplete, damaged, washed, deteriorated, soiled, even partially will not be refunded or exchanged.

Jardinchic is able to organize the return transport of the products to the customer.

For orders shipped by COLISSIMO, the return costs deducted will be identical to the shipping costs paid by the customer when ordering.

For large orders shipped by carrier, the return costs are calculated on quotation by the carrier of Jardinchic. Indeed, the transport fee applied on customers' orders are calculated from national averages from Jardinchic's warehouse in Annecy-le-Vieux. Each return transport must therefore be studied according to the departure zone of the goods. The real return cost is communicated to the customer at the time of its withdrawal request in a transparent way. Jardinchic undertakes to provide the customer with a quote from his carrier upon request.

The customer can also return the products by his own means provided they are perfectly packed. We recommend that it retain evidence of referral to facilitate procedures in the event of a problem during transportation.

17-WARRANTY

The information and descriptions given for each product , including photographs, technical data and description are provided to Hortorum by product manufacturers .

Pursuant to Article L.111 -1 of the Consumer Code , Hortorum aims to inform the customer and put in a position to know the essential characteristics of the product.

Before dispatching, the products delivered to the customer are checked to ensure they matched with the description which is given on the website .

However, it is clear that, for technical reasons ( photographic and information processing ) , the actual delivered product may sometimes differ slightly from the photographs presented on the site.

Notwithstanding , if applicable , the conditions specific safeguards enjoyed by the customer for the product concerned, the products presented on the website are subject to statutory warranty conditions below.

According to Article L.211 -4 of the Consumer Code :
" The seller must deliver goods in conformity with the contract and liable for defects of conformity existing at the time of delivery. It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or carried out under its responsibility. "

According to Article L.211 -8 of the Consumer Code :
" The buyer is entitled to demand compliance with the contract ."

According to Article L.211 -5 of the Consumer Code :
" To comply with the contract , the property must :

1 - suitable for the purpose usually associated with such a product and , if necessary being:

2 - Match the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model;
3 - Present the qualities that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling (...) " .

Pursuant to Articles L.211 -9 and L.211- 10 of the Consumer Code , that the consequences of non-compliance or hidden defects, duly established and confirmed as such by Hortorum has at customer's choice, except if it involves a manifestly disproportionate desire cost , given the property value or importance of the fault relative to the other modality , the repair or replacement of the product.

If repair and replacement, are impossible , the customer can return the good and get refund of the price or keep the good and be refund of part of the price .

In these cases, the customer should contact customer service and agree on how to return the goods.

Provided it is based , the provisions of Articles L. 211-9 and L. 211-10 of the Consumer Code , takes place at no cost to the customer.

In the specific case of special operations products are not sold new , Hortorum specify any product defects. Account will be taken of these defects in case of implementation of Article L.211 -8 of the Consumer Code .

18- TERMS OF PRODUCTS

Before any order and any use of products, the customer must read all the information provided on the website, learn about the features and components of the products and ensure that they are compatible with the use he wishes to make.

The customer agrees to strictly observe the instructions for use specified by the manufacturer on the packaging and on the instructions for use of products before use. For further information on product features, customer service is available to the customer.

19-PERSONAL INFORMATION

The personal information requested from the customer is essential for processing and delivering orders , preparing invoices and any collateral . For these purposes, this information may be provided to contractors of Hortorum. Furthermore Hortorum may also transfer this information to respond to an order of court or administrative authorities.
The customer may object to such disclosure and in accordance with the law " Informatique et Libertés " (Law of 6 January 1978) , he has a right to access, modify, rectify and delete data which concern in addressing his request to  Jardinchic - HORTORUM SAS - 13 rue du Pré Paillard - 74940 ANNECY LE VIEUX FRANCE or via the "contact form" of the site .
For reasons of limitation fraud, Hortorum may have to ask the customer for proof ( identity, home ... ) . Hortorum thanks the customer for his understanding.
The database consists by this website is subject to CNIL under the number 1343373 , in accordance with the instructions required by the Data Protection Act .
The website is designed to be particularly attentive to the needs of customers. It is thus made use of cookies , the purpose is to signal the passage of the customer on the website under the constitution of the shopping cart .

The customer may object to the registration of these cookies on the hard drive of his computer by configuring his browser .
To meet customer needs and ensure optimal service distance , we have to record certain personal data ( name, address). Jardinchic undertakes to respect the confidentiality of personal information provided by customers on the website and to treat them in accordance with the Data Protection Act of 6 January 1978 , as amended and currently in force

20-SUSPENSION - TERMINATION

The customer may cancel, at any time, his registering on the website and close his account. The customer simply need to send his request to the customer service.

In case of failure of the customer to one of its contractual obligations, particularly in the case of a payment incident, JardinChic reserves the right to suspend access to the JardinChic website's internet and customer services, even to close his account depending on the severity of violations. Jardinchic reserves the right to refuse any order from a customer with whom there is any dispute.

21-ELECTRONIC SIGNATURE

The "approval click" constitutes an electronic signature.
This electronic signature between the parties has the same value that a handwritten signature.

22-PROOF

The records stored in computer systems JardinChic under reasonable security conditions are considered proof of communications, orders and payments between the parties.
The filing of purchase orders and invoices is made on a reliable and durable support which can be produced as evidence.
It is expressly agreed that JardinChic and customer can communicate with each other electronically or by telephone through the customer service website. Technical security measures are in place to ensure the confidentiality of the data exchanged.

Jardinchic and the customer agree that the e-mails exchanged between them validly prove the content of their exchanges and, where applicable, their commitments, particularly with regard to the transmission and acceptance of orders.

23-INTELLECTUAL PROPERTY

Jardinchic holds the intellectual property rights on the website , composed of elements such as sounds , images, pictures, videos, writing, animation , programming, graphic design , commercial databases , software, and other technology under the implicit right to display the items on the catalog website including photographs for which it has obtained the necessary authorizations from the persons concerned.
Consequently, the partial or total reproduction, on any media whatsoever, the components of the site and the catalog , their use and their provision of third parties are strictly prohibited.
Without any solicitation on his part, Jardinchic prohibits affixing a hyperlink to the website link. A customer wishing to place on his personal website a direct link to the home page of the website, must necessarily ask the express prior authorization to Hortorum .

24- ENTIRE AGREEMENT

These terms and conditions constitute the entire obligations of the parties.
Any other general or special conditions mentioned by the customer may be incorporated or waive these terms.

25-NO WAIVER

The fact Hortorum not claim a breach by the customer of any of its obligations not could be interpreted as a waiver of the requirement concerned and to take advantage of this failure later.

26-NULLITY

If one or more provisions of these terms and conditions is held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full scope and effect.

27-RESPONSIBILITIES

The products presented on the website comply with French legislation and standards applicable in France .

Hortorum is committed exclusively to meet the legal requirements applicable in France . No regulations specific to the country of delivery and / or consultation of the website may not be opposed to Hortorum .

The customer is solely responsible for compliance with applicable regulations in his country of residence or in the country of destination of the products. It is his responsibility to check with local authorities for any import , export or use of products which are ordered on the website limitations.

The service provided by Hortorum is limited to the supply of products under the conditions described in the general conditions of sale. In no event shall Hortorum can not be sought under the advice, recommendations and conditions of use of products supplied by manufacturers on the website or use their records .

Responsibility Hortorum is limited to direct and foreseeable damages arising from the use by the customer website and products. Hortorum does not assume liability for damages resulting from a fault of the customer in the use of products.

Responsibility Hortorum can not be held if the failure or improper performance of its obligations is attributable to the customer , to an unforeseeable and insurmountable third party unconnected with the delivery of products, or a force majeure unpredictable irresistible and outside.

Generally , Hortorum not under any circumstances incurliability for indirect or unforeseeable damages in connection with the use of the website and ordering products .

Hortorum's responsibility can in no way be due to the content available on other websites or Internet sources accessible through hypertext links inserted on the website ( including as a result of advertising, products, services or other information) or damage of any kind that may be suffered by the customer the opportunity to visit these sites.

The use of the website implies the knowledge and acceptance by the customer of the characteristics and limitations of the Internet and technologies that are related , the lack of protection of certain data against possible misuse or piracy and risks contamination by viruses circulating on the network .

Hortorum is itself dependent on the quality of the Internet does not guarantee the continuity of the website and does not provide the correction of defects on the Internet . Accordingly, Hortorum can not be considered responsible for any unavailability of the website or any connection problems or interruption of the connection ( server failure , telephone line or any other technical connection ) when using the site internet or , more generally, any disruption of the Internet , affecting the use of the website. In this context, Hortorum is not responsible for sending forms to an incorrect or incomplete address, any computer errors or defects on the site.

Except as otherwise provided , the website is accessible in any place whatsoever, since the minimum technical conditions are met, particularly in terms of access to the Internet , mobile telephony, and technical compatibility of equipment used by the customer. Given the global nature of the Internet , the customer agrees to comply with all rules of public policy relating to the behavior of the users of internet and network applicable in the country for which he uses the website.

28-DISAGREEMENT

General conditions of sale are subject to French law. Only the French version of these terms and conditions of sale shall prevail.
In case of difficulty arising in connection with the order , the delivery of products and more generally the completion of the sale , the customer will have the option, before any legal action to seek an amicable solution , particularly with using a consumer association or any other counsel of his choice.

Any dispute which may arise from the interpretation or execution of the terms of sale and its consequences will be brought before the competent courts.

The terms and conditions also apply in relation to any user of the website even if he have not ordered.
IN THE EVENT OF LITIGATION AND FAILURE OF MUTUAL AGREEMENT BETWEEN THE PARTIES, JURISDICTION IS EXPRESSLY GRANTED TO THE COURT OF THE SPRING OF REGISTERED OFFICE HORTORUM, COMMERCIAL COURT OF ANNECY, NOTWITHSTANDING CALL MULTIPLE DEFENDANTS OR WARRANTY, EVEN FOR EMERGENCY PROCEDURES OR PROTECTIVE PROCEDURES INTERIM OR COMPLAINT.
.