Casey Casey Internet site - caseycasey.eu General terms and conditions of sale
The Site www.prieuredorsan.com (the “ Site ”) is published by LLC Jardins d’Orsan, a LLC company with share capital of €5000, whose registered office is located 225 route d’Orsan 18170 Maisonnais, registered with the Bourges Trade and Companies Register under number 828 048 264, whose intra-community VAT number FR24828048264 (hereinafter “LLC Jardins d’Orsan ”).
1. Purpose of general terms and conditions of sale
The general terms and conditions of sale (the “ GTCS ”) detailed below apply to all orders for products placed via the Site (the “ Products ”) from LLC Jardins d’Orsan by any person (the “ Customer ”).
The GTCS are available on the Site and the Customer must read them prior to any order (the “ Order ”),
LLC Jardins d’Orsan reserves the right to adapt or modify the GTCS at any time. The version of the GTCS applicable to any sale is that shown on-line on the site www.prieuredorsan.com at the time of the Order. Consequently, placing an Order requires full prior and unreserved acceptance of the GTCS by the Customer, by clicking on the tick box “I accept the general terms and conditions of sale” provided for this purpose during the purchase process.
Registration on the site
In order to place an Order, the Customer may first register on the Site by creating an account containing the Customer’s information (the “Account”). The Customer must identify himself/herself accurately by filling in the form made available to him/her, including in particular the information necessary for his/her identification, in particular his/her name, surname, postal address of delivery and invoicing, and telephone. For the following purchases, they will need to enter their email address and password.
The Customer’s registration on the Site is validated by LLC Jardins d’Orsan after verification of the information provided by the Customer. The Customer receives an e-mail confirmation of registration.
When creating an Account, the Customer must ensure the accuracy and completeness of the data he/she provides. The Customer is required to update his/her personal information. In the event of an error in the recipient’s contact details LLC Jardins d’Orsan shall not be liable for any difficulties or inability to deliver Products.
By registering on the Site, the Customer represents and warrants to LLC Jardins d’Orsan that he is of the age and has a legal capacity to contract.
The Customer is only authorised to create one Account.
The Customer is responsible for selecting and maintaining its credentials and must ensure their confidentiality. LLC Jardins d’Orsan shall under no circumstances be held liable for any usurpations of credentials and connections to customer accounts by third parties. LLC Jardins d’Orsan may delete the Customer’s Account at any time, for any reason, at its sole discretion.
The Products offered for sale are those presented on the Site on the day of the Customer’s visit to the Site, within the limit of available stocks. These indications are updated automatically in real time. However, LLC Jardins d’Orsan is no liable for update errors, regardless of their origin.
LLC Jardins d’Orsan takes the utmost care in the presentation and description of its Products to best satisfy the Customer’s information. The Customer is required to consult the descriptive sheet of each Product in order to know its characteristics.
The photographs on the Site are presented for illustrative purposes.
The countries where the Site delivers the products are Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, the United States and the United Kingdom.
3.1. Registration of the Order
Placing an Order on the Site is subject to compliance with the procedure set up by LLC Jardins d’Orsan on the Site including successive steps until the Order is confirmed.
The Customer may select as many Products as they wish to add to the basket (the “Basket”). The Basket summarises the Products chosen by the Customer as well as the prices and costs related thereto. The Customer may freely modify the Basket before validation of its Order.
3.2. Final validation of the Order
After having read the status of his order, and once all the information requested has been completed by the Customer, the latter will click on the “Order” box to pay for his/her order. At this stage, the Customer will access a page specifying the billing address and the delivery address that may be changed if necessary. On the following page, the Customer can see the terms of delivery (Colissimo with signature for a delivery in the EU and in the United Kingdom, and Fedex ECO for a delivery in the United States) and by clicking on “Pay”, the Customer will then access a page allowing him/her to choose the method of payment, it being understood that the Customer must have the means of payment as defined in article 6 “Prices and terms of payment”, below. He/she will click on the corresponding button for the payment method chosen. To do so, the Customer must confirm having read these general terms and conditions of sale by ticking a box “I accept the general terms and conditions of sale” to proceed with the payment.
A confirmation email summarising the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by LLC Jardins d’Orsan. To this end, the Customer formally accepts the use of the email for the confirmation of the content of his Order by LLC Jardins d’Orsan. Invoices are available in “My account/order history” section of the Site.
3.3. Order Follow-up
To follow up on the current Order, the Customer may contact Customer Service by e-mail email@example.com for any information relating to the Order.
4. Refusal to process an order
LLC Jardins d’Orsan reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute regarding payment of a previous order or an objective suspicion of fraud.
LLC Jardins d’Orsan also reserves the right to remove at any time any Product displayed on the Site and to replace or modify any content or information on the Site. Despite LLC Jardins d’Orsan’s best efforts to meet the expectations of its customers, the latter may be required to refuse to process an Order after sending the Customer the confirmation email summarising the Order.
LLC Jardins d’Orsan shall not be liable to the Customer or any third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or for refusing to process an Order after sending the confirmation email summarising the Order.
5. Prices and terms of payment
The prices of the Products are indicated on the Site in euros for Europe (including VAT). All prices displayed are calculated and include value added tax (VAT) applicable in France.
LLC Jardins d’Orsan reserves the right to change its prices at any time but the Products will be charged on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.
The price due by the Customer is the amount indicated on the summary order form, of which the Customer becomes aware before final validation of the Order (with delivery costs which will be added in the delivery part). It is specified that the delivery is free for a basket of more than 500 euros. Free delivery only covers Colissimo with signature for the European Union & the United Kingdom and Fedex Eco for the United States.
The Customer expressly acknowledges that the communication of his/her credit card number to Stripe on behalf of LLC Jardins d’Orsan is equivalent to the authorisation to debit his/her account up to the price of the Products ordered. If applicable, a notice of cancellation of an Order for non-payment shall be sent to the Customer by LLC Jardins d’Orsan at the email address provided by the Customer when registering on the Site.
The final validation of the Order shall constitute proof of the entire order, in accordance with the provisions of Law 2000-230 of 13 March 2000 adapting the right of proof to information technology and relating to the electronic signature reproduced in Articles 1316 et seq. of the French Civil Code. They will also results in the sums incurred by the seizure of the items on the purchase order being due.
The final validation of the bank data recorded by Stripe constitutes proof of any financial transaction between the Customer and LLC Jardins d’Orsan.
Deliveries are provided by Colissimo (for the European Union and the United Kingdom) and Fedex (for the United States only) services from Monday to Saturday. Delivery means the transfer physical possession of the Products to the Customer (the “Delivery”).
When LLC Jardins d’Orsan arranges for the delivery of the Product, the risk of loss or deterioration of the Product passes to the Customer at the time of Delivery.
By way of exception, risk is transferred to the Customer upon delivery of the Product to the carrier when it is in charge of transportation by the Customer and not by LLC Jardins d’Orsan.
Delivery is made to the delivery address indicated by the Customer, it being specified that it must be the address of residence of the Customer, of a natural person of its choice or of a legal entity (delivery to his/her company). Delivery may not be made to hotels or post office boxes. In order for the order to be sent, the Customer must ensure that he/she has communicated accurate and complete information concerning the delivery address (such as, in particular: street, building, staircase, access codes, names and/or intercom numbers, etc.).
Upon receipt of the Products ordered, the Customer must check the conformity of these Products. Any anomaly concerning delivery (missing or broken product, damaged package, etc.) must be reported by the Customer on the receipt presented by the delivery machine at the time of delivery of the package and must be notified, on the same day of receipt or no later than the first working day following receipt, to LLC Jardins d’Orsan customer service by email to firstname.lastname@example.org. Any complaint made after this period will be rejected and Jones LLC Jardins d’Orsan will be released from any liability.
Any non-conforming Product, or Product to exchange or refund shall be returned to LLC Jardins d’Orsan in its original packaging with the labels, together with the invoice, to the following address: LLC Jardins d’Orsan – 225 route d’Orsan 18170 Maisonnais, France. It is specified that the shipping costs are payable by LLC Jardins d’Orsan for the EU, which will then exchange or refund the defective or missing Product(s). The request must be made within 14 days of delivery.
In the event that it is impossible to make the Delivery, due to an incorrect delivery address provided by the Customer or the Customer’s failure to withdraw its Order to the selected pick-up point or Colissimo, no re-shipment can be made and the Customer will be reimbursed within five (5) days of LLC Jardins d’Orsan receipt of the Order by LLC Jardins d’Orsan. LLC Jardins d’Orsan shall not be held liable for any delay in routing, which is not due to it or is justified by a case of force majeure (as defined below).
In the event of a breach by LLC Jardins d’Orsan of its obligation to deliver the goods or provide the service on the date or expiry of thirty (30) days from the conclusion of the contract, the Customer may terminate the contract. This right of termination is exercised in accordance with the provisions of Article L. 216-2 of the French Consumer Code:
- the Customer must first request from LLC Jardins d’Orsan to make the delivery within a reasonable additional period, by registered letter with acknowledgement of receipt sent to the following address: LLC Jardins d’Orsan, 225 route d’Orsan 18170 Maisonnais, France, or by email sent to email@example.com
- if by the end of this new additional period the Products have not been received, the Customer may then terminate the contract by sending a new registered letter with acknowledgement of receipt or a new email.
The contract will be terminated upon LLC Jardins d’Orsan’s receipt of the written notice of such termination, unless LLC Jardins d’Orsan has performed in the meantime. In the event of termination of the contract, LLC Jardins d’Orsan will refund the amounts paid by the Customer for the order, no later than fourteen (14) days from the date, on which the contract was terminated. Notwithstanding the foregoing, LLC Jardins d’Orsan shall not be held liable for any harmful consequences resulting from a delay in routing, only the reimbursement of the Product by LLC Jardins d’Orsan being possible to the exclusion of any other form of compensation.
7. Right of Withdrawal - Refunds and Returns
7.1. Deadline and procedures for exercising the right of withdrawal In accordance with Article L. 221-18 of the Consumer Code, the non-professional Customer has fourteen (14) days from the Delivery of the Order to exercise his/her right of withdrawal to LLC Jardins d’Orsan, without having to justify his decision, if he/she is a UE resident.
It is nevertheless recalled that the Customer does not have the right of withdrawal for the following Products:
- Products that have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection (for example, underwear),
- Products made according to the Customer’s specifications or clearly personalized (for example custom-made or partially customised products, embroidered products).
The right of withdrawal may be exercised by using and sending the model withdrawal form set out in the appendix to the General Terms and Conditions of Sale, by post, to the following address: LLC Jardins d’Orsan y - Returns Department - 225 route d’Orsan 18170 Maisonnais, France, or by email to firstname.lastname@example.org
7.2. Terms of return of the Order as part of the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer returns the Order with the prepaid return order, for EU residents, provided by LLC Jardins d’Orsan, without undue delay and, at the latest, within fourteen (14) days of receiving its decision to withdraw in accordance with Article L. 221-21 of the French Consumer Code. After this fourteen (14) day period, the sale is firm and definitive. The Product must be returned in its original packaging, in its original condition, new, not worn, unwashed. To make a return, the Customer must follow the procedure indicated on the prepaid return slip received by email. The return of the Products is paid for by LLC Jardins d’Orsan, for UE residents only.
7.3. Refund of Products returned under the right of withdrawal
If the above-mentioned conditions are met, LLC Jardins d’Orsan shall reimburse the Customer within fourteen (14) days of the date on which it is informed of the Customer’s decision to withdraw the amounts corresponding to the Products acquired by him/her and the standard delivery charges (this does not include any additional costs resulting from the Customer’s choice, if any, of a method of delivery other than the least costly mode of “standard delivery” offered.
However, the refund is made provided that LLC Jardins d’Orsan has been able to recover the Products that are returned in their original packaging and tags, and the refund request.
LLC Jardins d’Orsan makes the refund using the same means of payment as that used for the payment of the Order, unless expressly agreed by the Customer to use another. If this means of payment has expired, the Customer must contact Customer Service to change the method of refund. LLC Jardins d’Orsan
The refund of an order paid with a gift card or a credit note will be refunded automatically.
If the Customer fails to comply with the GTCS, LLC Jardins d’Orsan may not refund the Products concerned.
In any event, the return costs shall be borne by LLC Jardins d’Orsan if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
8. Warranties - limitation of liability
8.1 Terms and conditions for the implementation of the guarantees In addition LLC Jardins d’Orsan guarantees consumers against defects of conformity and hidden defects for Products sold on the Site under the following conditions:
8.2 Legal warranties
All Products for sale on the Site benefit from the legal guarantee of conformity (as defined in articles L. 217-4 et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in articles 1641 et seq. of the French Civil Code), allowing the Customer to return the defective or non-compliant Products delivered free of charge.
a) Legal guarantee of conformity When acting on the basis of the legal guarantee of conformity, the Customer: has a period of two years from the delivery of the product to act; may choose between repair or replacement of the goods, provided that the Customer’s choice does not result in a clearly disproportionate cost with regard to the other term, taking into account the value of the goods or the extent of the defect; is exempt from providing proof of the existence of the lack of conformity of the property during the twenty-four (24) months following the delivery of the property. The legal guarantee of conformity applies irrespective of any commercial guarantee granted. The Customer may decide to implement the warranty against hidden defects of the item sold within the meaning of article 1641 of the French Civil Code and in this case, may choose between the cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
Articles L. 217-4, L. 217-5 and L. 217-12 of the Consumer Code and Articles 1641 and 1648, first paragraph of the French Civil Code, which the Customer may invoke, are reproduced in full below: Article L. 217-4 of the Consumer Code: ‘The seller shall be obliged to deliver goods in accordance with the contract and shall be liable for defects of conformity existing at the time of delivery. The vendor shall also have liability for any compliance defects resulting from the packaging or assembly or installation instructions if so stipulated in the agreement or if the contract is performed under its responsibility. ” Article L. 211-5 of the Consumer Code: “In order to comply with the contract, the goods must:
- be suitable for the use usually expected of a similar good and, where applicable:
- match the description given by the seller and have the qualities that it presented to the buyer in the form of a sample or model;
- present the qualities that a buyer may legitimately expect with regard to public representations made by the seller, the producer or by its representative, especially in advertising or labelling;
Or present the characteristics mutually defined by the parties or be appropriate for any special use required by the buyer, made known to the seller and which the latter has accepted. “ Article L. 211-12 of the Consumer Code: “Legal action on the basis of a compliance defect is time-barred two years from the delivery of the item. “
b) Warranty against hidden defects
Article 1641 of the French Civil Code: “The vendor is bound by the guarantee covering concealed defects in the item sold which is therefore rendered unfit for its intended use, or which reduce its use to such an extent that the purchaser would not have completed the purchase or would have paid a lower price, had these concealed defects been known to him/her. “ Article 1648 of the French Civil Code: “Legal action resulting from latent defects must be launched by the purchaser within two years following the discovery of the defect. In the case described by article 1642-1, the legal action must (subject otherwise to foreclosure) be launched within the year following the date on which the vendor may be granted discharged any apparent defects or vitiation. ”
For any request regarding legal guarantees, the Customer must then contact Customer Service at email@example.com. These provisions are not exclusive of the right of withdrawal defined in Article 9 above.
8.3 Consequences of the implementation of legal guarantees
As part of the legal guarantee of compliance, LLC Jardins d’Orsan agrees to the Customer’s choice:
- either to replace the Product with an identical product according to available stocks,
- or to reimburse the price of the Product if the replacement of a Product proves impossible.
Within the framework of the legal warranty against hidden defects, LLC Jardins d’Orsan, according to the Customer’s choice, undertakes, after assessment of the defect:
- either refund the full price of the returned Product,
- or refund part of the price of the Product if the Customer decides to keep the Product
8.4 Exclusion of warranties
Products modified, repaired, integrated or added by the Customer are excluded from warranty. The warranty will not apply for visible defects. The warranty will not cover Products damaged during transport after Delivery or due to misuse.
8.5 Force Majeure
In the event of the occurrence of an event of force majeure leading to the total or partial non-performance of its obligations under these GTCS, Jones Smith + Casey shall inform the Customer of this within fifteen (15) days of the occurrence of such event, by email or by registered letter with acknowledgement of receipt.
Expressly, cases of force majeure or fortuitous events, in addition to those usually upheld by the case law of the French courts and tribunals, are considered total or partial strikes, lockouts, riots, boycotts or other industrial or commercial actions, civil disturbance, insurrection, war, act of terrorism, adverse weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer breakdown, blocking of telecommunications, including wired or radio networks, and any other cases beyond the control of the parties preventing the normal performance of the contractual relationship.
All the obligations of the parties shall be suspended for the entire duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the relevant transaction may be terminated at the request of LLC Jardins d’Orsan or the Customer without indemnity on either side.
9. Intellectual property
Orsan brand and all trademarks, signs and logos appearing on the Products, their accessories or their packaging, whether registered or not, shall remain the exclusive property of LLC Jardins d’Orsan.
The content of the Internet site www.prieuredorsan.com, including text, visual, graphic elements, including graphics, images, characters and any other element of the Site (hereinafter the “Content”), is the property of LLC Jardins d’Orsan and its partners and is protected by French and international intellectual property laws.
The Brand, the Internet site www.caseycasey.eu and its Content may under no circumstances be modified, reproduced, represented, integrated into a derivative work or otherwise, on any medium whatsoever. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offence.
No provision of the GTCS grants the Customer any rights on the Site, except those necessary for browsing the Customer on the Site, and for placing an Order.
Similarly, all copyrights, designs and models, sui generis rights of the producer of databases to the Products, their accessories or packaging, whether filed or not, are and shall remain the sole and exclusive property of LLC Jardins d’Orsan, and the Customer may not make any claim of any kind whatsoever on such rights.
10. Personal data
11. Evidence, retention and archiving of transactions.
LLC Jardins d’Orsan recommends that the Customer keep a paper trace or on a durable computer medium with all data relating to his/her order.
Computerized records, stored in LLC Jardins d’Orsan computer systems under reasonable security conditions, shall be considered as evidence of communications, orders and payments made between the Parties.
Invoices are archived on a reliable and durable medium so as to correspond to a faithful and durable copy.
In addition, and in accordance with article L. 213-1 of the French Consumer Code, LLC Jardins d’Orsan undertakes to keep and archive on all media, for ten years, the contracts entered into between the Customer and LLC Jardins d’Orsan of a value equal to or greater than €120 and to guarantee access by the Customer at all times.
This right of access may be exercised by contacting the following address: LLC Jardins d’Orsan – 225 route d’Orsan 18170 Maisonnais, France -
12. Retention of title
LLC Jardins d’Orsan retains full ownership of the Products sold until Delivery of the Product.
13. Applicable law - Mediation - Jurisdiction
These GTCS are subject to French law.
In accordance with Articles L. 616-1 and R. 616-1 of the Consumer Code, we propose a consumer mediation system. The mediation entity selected is: CNPM - CONSUMER MEDIATION. In the event of a dispute, you can file your complaint on its site: LLC Jardins d’Orsan https://cnpm-mediation-consommation.eu or by post, writing to CNPM - MEDIATION - CONSOMMATION - 27 avenue de la libération - 42400 Saint-Chamond”
After prior written action by consumers to LLC Jardins d’OrsanAl, the Mediator’s Service may be referred to for any consumer dispute that has not been resolved.
On-line Dispute Resolution Platform: the European Commission has established an on-line Dispute Resolution platform to facilitate the out-of-court settlement of on-line disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/ All disputes pursuant to the General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, performance, termination, consequences and consequences and which could not have been resolved between LLC Jardins d’Orsan and the Customer shall be subject to the jurisdiction of the French courts, which shall have non-exclusive jurisdiction. The Customer residing in another Member State of the European Union may also take legal action before the courts of the Member State in which he/she resides.
Appendix - Template of Withdrawal Form (Please complete and return this form only if you wish to exercise your right of withdrawal) For the attention of LLC Jardins d’Orsan , 225 route d’Orsan 18170 Maisonnais, France:
Or to the following email address: firstname.lastname@example.org I notify you hereby of my withdrawal from the contract relating to the sale of the property below: Ordered on [……………..] received on [……………..] Name/first name of the Customer(s): Address of the consumer(s): Signature of the Customer(s) (only if this form is notified on paper) Date: