Terms of Sales (T&Cs)
The terms and conditions below define the General Conditions of Sale (GTC) between, on the one hand Paumesdeterre (also called palmsdeterre.fr), whose registered office is at 10 rue Paul Couderc, 92330 Sceaux, France, hereinafter referred to as "Seller", and on the other hand, any natural or legal person, referred to as "Buyer", wishing to make a purchase through the palmsdeterre.fr website, referred to as the "Site".
1. OBJECT
These general conditions of sale detail the rights and obligations of the Seller and the Buyer in connection with the sale of items listed on the Site as well as personalized items sold by the Seller by special order of the Buyer.
Any order placed on the Site implies the Buyer's unreserved acceptance of these GCS. The GCS are accessible on the Site and can be sent by email to the Buyer on request. The Buyer acknowledges having read the GCS by proceeding to payment on the Site and by clicking on the "Pay now" button regardless of the payment method.
- The Seller reserves the right at any time and without notice to modify the GCS. Consequently, the T&Cs applicable at the time of purchase are those published on the Site by the Seller.
- The modifications made are not retroactive except in the event of a written agreement between the Buyer and the Seller; In the event of a dispute or the nullity of a clause, the rest of the GCS remain applicable.
2. PRICE AND ORDER
2.1. PRICE
The prices of the items displayed on the Site are those in effect on the day the order is taken. In accordance with article L.112-1 of the Consumer Code, the sale price is indicated in euros, all taxes included (including VAT), excluding delivery costs mentioned before finalizing the order, and excluding conversion costs. currency or import taxes in the event of sale outside the European Union.
The Seller grants the right to modify the prices and tariffs at any time. However, he undertakes to invoice the items ordered at the prices indicated when the order is registered.
2.2. PAYMENT
Full payment is due after validation of the order. No partial payment will be accepted.
In the event of a personalized order, the Seller will draw up an estimate according to the specifications required by the Buyer. In case of acceptance of the quote by both parties, a deposit of 50% to 100% of the quote will be requested before the start of the execution of the order at the Seller's discretion.
2.3. PAYMENT TERMS
Payment is made online on the Site, except in the case of personalized and made-to-measure orders, in which case another method of payment may be considered and must be accepted by the Seller and the Buyer before the order is placed.
The following payment methods are available on the Site:
- Payment by credit card, through the secure payment method of Shopify Payments .
- Payment by PayPal, provided that the Buyer has a PayPal account and respects the general conditions of use of PayPal .
Bank data (card number, expiry date and other payment information) does not pass through the Site, this information is encrypted and managed exclusively by the payment platforms listed above.
2.4. REDUCTIONS AND DISCOUNT
No reduction will be offered to the Buyer.
In the case of a personalized order, no discount will be granted in the event of advance payment.
2.5. ORDERED
The customer is responsible for the accuracy of the information provided in the order form completed on the Site. An order is complete after validation of all the fields noted as mandatory and after confirmation of automatic payment by the payment platforms listed above.
The validation of the order by the Customer implies acceptance of the conditions of sale, without reservations, and validation of the accuracy of the data provided by the Buyer.
In case of incomplete information, the Seller grants the right to cancel the order and to inform the Buyer within a period less than or equal to five (5) working days after validation of the order on the Site. .
In the event of inability to honor the order, the Seller undertakes to contact the Customer to inform him of the reimbursement options and options of replacement by a similar object within a period less than or equal to five (5) days after validation of the order on the Site.
The Seller grants itself the right, without justification, to refuse or cancel an order in the event of an existing or previous dispute with the Buyer. The responsibility of the Seller can in no case be engaged in this respect.
3. DELIVERY AND SHIPMENTS
3.1. DELIVERY METHODS
Delivery is made:
- either by the withdrawal in person of the goods by the Buyer at the head office of Paumesdeterre;
- either by sending the goods to the address indicated by the Buyer when ordering.
Withdrawals in person at Paumesdeterre Headquarters
In the case of a collection in person on site, the Buyer undertakes to pick up the items ordered at the Paumesdeterre Headquarters at 10 Rue Paul Couderc, 92330 Sceaux, after receipt of confirmation from the Seller. An appointment will be proposed to allow a hand-delivery of the purchased items.
In the event that the Buyer does not take possession of the package within 30 days after validation of the order, the Seller will reimburse the Buyer the price of the order, minus 20% of the value of the items not recovered for costs inventory and labor (packaging, etc.).
Delivery by shipment of goods
After receipt of an order, Seller, except for custom orders, will ship within three (3) to five (5) business days depending on the shipping options selected by Buyer.
Delivery is subject to the terms and conditions of the carrier, delivery locations or destinations, and various weather and environmental conditions. The delivery time therefore depends on multiple factors and the Seller cannot be held responsible in the event of delays or longer than normal delivery times.
3.2. DELIVERY DELAY
Usual delivery times by the carriers and deliverers involved:
As agreed by law, the Seller has a maximum period of 30 days to deliver the Buyer.
Any reasonable delay in the delivery of the products may not give rise to the benefit of the Buyer to:
- the allocation of damages of any kind whatsoever
- the cancellation of the order.
The risk of transport is fully borne by the Buyer.
3.3. TYPE OF SHIPPING
Due to the fragility of the items sent by Paumes de Terre, relay delivery will not be offered. In addition, delivery with delivery and signature by the Buyer will be preferred to ensure verification by the Buyer at the time of delivery.
The Seller will provide the Buyer with the details necessary to track the package (eg carrier name, package number or tracking number).
The Buyer undertakes to follow the instructions provided by the carriers / deliverers to collect the items purchased. Standard delivery operation will be followed. Seller shall not be liable for Buyer's failure to comply with the carrier's terms of sale or for the conduct or actions of the carrier of the goods.
3.4. DAMAGED GOODS ON DELIVERY
As indicated in the "refund policy" section, in the event of damaged goods, the Buyer must refuse to sign the delivery note and refuse the goods.
4. RIGHT OF WITHDRAWAL, RETURNS AND REFUNDS
4.1. WITHDRAWAL
The Buyer has a period to change his mind of five (5) days after ordering and seven (7) days after receipt (the delivery confirmation being taken), the Buyer's right of withdrawal does not exceed fourteen (14 days. This period concerns cases of purchase on the palmsdeterre.fr website.
However, it should be noted that the following exceptions:
4.1.1. Exception to the right of withdrawal – The right of withdrawal does not apply to the following purchases:
- Custom made items at the request of the Buyer (specific adaptations to meet technical and aesthetic requests);
- Articles made at the request of the Buyer (not personalized) using articles from the palmsdeterre.fr site
4.1.2. Deadline for requesting withdrawal - Any request for cancellation of the order must be made exclusively by the palmsdeterre.fr website or by email, BEFORE delivery to the carrier.
- In the event of a request for withdrawal before delivery to the carrier, the Seller will cancel the order and reimburse the Buyer no later than 14 days following the date on which he was informed of your decision to withdraw, except justified delay;
- Beyond this period, no request for withdrawal will be accepted;
- Any request received after delivery to the carrier will be considered a return request. For details, see the Returns section below.
4.2. RETURNS
The Buyer has seven (7) days after receipt of the package to make a standard return request. Beyond this period, no return can be accepted. The Buyer must make a request on palmsdeterre.fr directly, via the "Contact us" form.
4.2.1. Damaged items - Upon receipt of the package, the Buyer must ensure that there are no anomalies during the delivery of his package. In the event of damaged packages, packages whose contents have been stolen or damaged items, the Buyer may refuse the goods on delivery and request that the package be returned to its sender.
In the event that the delivery method selected does not allow verification upon receipt by the delivery person, and subject to proof of the Buyer's inability to receive the goods in person, the Buyer has three ( 3) days following the delivery to make a declaration of damaged article on palmsdeterre.fr by formulating its request via the form "Contact us".
All requests must be accompanied by photos and will be examined by the Seller before reimbursement of the damaged item(s). The Buyer must make a declaration to the carrier to allow the Seller to take out the necessary insurance.
4.2.2. Standard return - in the event of a standard return request (undamaged item), the Buyer will bear the return costs, including insurance by Colissimo or UPS/FedEx type shipments covering the total value of the returned goods according to the price in force at the time of the order.
Seller will confirm receipt of returned item(s) to Buyer upon receipt and inspection. In the event of damage or changes not initially present on the returned items, the Seller will not be able to accept the return and will not be able to validate the refund.
4.3. REFUNDS
The Seller will initiate the refund for the Buyer no later than 14 days after verification of the request for withdrawal or return as defined above.
1. Reimbursement deadlines - The Seller may defer reimbursement until the day of recovery of the goods.
2. Method of refund - refund will be made by the seller using the same method of payment as made when purchasing.
However, the use of gift vouchers makes it impossible to redeem them in cash. In the event of a request for reimbursement for a purchase made by gift vouchers, a credit note on the palmsdeterre.fr site will be issued, valid for a period of one year.
5. RETENTION OF OWNERSHIP, TRANSFER OF OWNERSHIP AND TRANSFER OF RISK
5.1. RETENTION OF OWNERSHIP AND TRANSFER OF OWNERSHIP
The Seller retains ownership of the goods sold until full payment of the price, in principal and in accessories. As such, if the Buyer is subject to receivership or judicial liquidation, the Seller reserves the right to claim, within the framework of the collective proceedings, the goods sold and remained unpaid.
5.2. TRANSFER OF OWNERSHIP
The transfer of ownership is made after full payment by the Buyer.
The Seller coordinates the shipment, transport and delivery of the goods as selected by the Buyer at the time of the order and as indicated in the "DELIVERY" section above. The transport risk is borne by the Buyer.
In the event that the recipient of the order, referenced in the order form, is not the Buyer, the title remains with the Buyer. It is up to the Buyer to notify the transfer of title to the recipient at his convenience. It is also the Buyer's responsibility to check the contents upon delivery.
6. LIMITATIONS OF LIABILITY
The seller declines all responsibility in the following situations
- The Buyer or recipient does not check the condition of the goods and does not identify the transport damage within the times defined by these conditions of sale;
- The Buyer encounters difficulties in navigating the Site or loses connection;
- The Buyer does not find items to his liking or the desired items are no longer available for sale;
- The Buyer damages the goods by accident or due to use that does not correspond to the recommendations indicated on the product sheets on the Site;
- The Buyer or any other person injures himself or another person with the items received;
- The Buyer or any other person develops allergies or suffers from any medical condition in contact with the items;
- The Buyer damages, mocks or deteriorates, by using an article bought on palmsdeterre.fr, another object.
The Seller declines all responsibility in the event of a cyber-attack resulting in the loss of the Buyer's data.
- The security of customer data is ensured by the Shopify site hosting the Site;
- The security of bank data is ensured by the payment platform providers indicated above.
The Seller cannot be held liable in the event
- Slight differences between the objects received and the objects in photos on the Site, in particular the colors of the articles;
- Damage to the package after delivery to the carrier.
The Seller's liability may in no case exceed the price of the order.
7. PRIVACY AND CUSTOMER DATA
The data collected by the Seller on the Site is intended to:
1. Orders and shipments - to enable proper management of orders and shipments, basic information is required (eg names, postal address, telephone, etc.).
2. Customer relations - people who visit the Site have the possibility of subscribing to the Newsletter and sharing their contact details (names, email and country) to receive information on the Seller's creations and events.
In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, as well as processing under the GDPR, the Buyer has, at any time, a right of access , rectification, and opposition to all of his personal data.
To do so, the Buyer is invited to contact the Seller (proving his identity):
- By post, to Paumesdeterre, 10 Rue Paul Couderc, 92330 Sceaux, France
- On palmsdeterre.fr directly, by making your request via the "Contact us" form
Without confirmation of the Buyer's identity, the Seller will not be able to make the necessary corrections or withdrawals.
8. COMPLAINTS
All complaints should be addressed as follows:
- By post to the address: Paumesdeterre, 10 Rue Paul Couderc, 92330 Sceaux, France;
- Via the form on the Site, "Contacts" section.
If the complaints relate to an order, any complaint must be sent less than 48 hours after receipt of the delivery.
The Seller is required to deliver a good that complies with the order form and is liable for any lack of conformity existing at the time of delivery, as required by Article L211-4 of the Consumer Code.
9. FORCE MAJEURE
The Seller and the Buyer shall not be liable for the non-performance of their obligations in the event of the occurrence of a case of force majeure, defined as any unforeseeable, irresistible event resulting from circumstances external to the Seller and the Buyer, making unable to execute the command.
In the event of the occurrence of a case of force majeure, the order awaiting execution will be suspended until the disappearance, extinction or cessation of the case of force majeure. However, if unable to resume execution of the order within thirty (30) days of the occurrence of the case of force majeure, the Seller will cancel the order and approach the carrier to recover the items in transit if applicable. .
10. INTELLECTUAL PROPERTY
All elements of the Site, visual and descriptive, are protected by copyright, trademarks and patents.
The granting of legal protection is therefore conferred on the Seller (who is the creator) by the mere fact of the creation of an original form without the author having to complete any administrative formality of deposit or prior registration. .
The Paumes de Terre, Paumesdeterre, palmsdeterre.fr and palmedeterre.com trademarks are protected by the same law.
By visiting the Site, the Buyer undertakes, whether or not he makes a purchase, not to copy the content, even partially, of the Site, without the prior consent of the Seller.
11. APPLICABLE LAW AND DISPUTES
The attached T&Cs are subject to French law.
In the event of a dispute, the Seller and the Buyer confirm their intention to find an amicable solution and to appeal to the departmental conciliation commission before any legal action.
In the event that no friendly solution can be found, legal action may be taken before the competent legal authorities.