T E R M S A N D C O N D I T I O N S O F S A L E
Preliminary article
Arbria® markets arbria products in France and overseas.
Article 1 – Application of general terms and conditions of sale.
arbria® reserves the right to modify these general terms and conditions in full or in part at any time.
Placing an order implies the buyer’s full and unreserved adherence to these general terms and conditions. Any terms and conditions to the contrary laid down by the buyer shall be void in the absence of express acceptance by the arbria company.
Article 2 – Purchase and order taking
Orders are taken on arbria within the e.boutique section.
Your order is permanently saved once you have made a valid payment.
The conclusion of the contract of sale shall only take place where we accept an order. Indeed, we reserve the right to not accept a payment and therefore not to confirm an order, particularly for the following reasons: a problem concerning the order received (e.g. where it is abnormal or illegible) or where delivery is requested outside the normal area or where the species of tree is unavailable.
Once your payment is validated, you will receive an email confirmation or refusal of your order from us.
You are held responsible for your order. Indeed, you are committed to any data that you provide once the order has been given. In the event of any error in the wording of the recipient’s address details, we are release from any liability for being unable to fulfil the order.
Article 3 – Characteristics of our products
The characteristics of arbria® are described in the response forms which indicate their details. Photographs do not have contractual power, with arbria® undertaking only to deliver products similar to the ones which have been ordered.
Product offers are valid within the constraint of the stocks available. If an order has been confirmed and paid for and in the event of breakage of stocks, arbria reserves the right to deliver products offering identical characteristics in terms of size and quality, having previously warned the customer of this by phone or by mail.
Refund guarantee : arbria does not ever provide a guarantee for the return of plants which depend on care given on soil preparation, or planting, as well as many other factors beyond our control. However, we always give consideration to relevant complaints which are sent to us.
Article 4 – Prices
Arbria collections are supplied at the prices in force at the time the order is received.
Article 5 – Payment
Settlement is carried out when an order is taken, by credit card through the secure payment site paypal. (We will never be privy to your bank card information)
Settlement can also be carried out by bank transfer or cheque payable to arbria.
Article 6 – Delivery
Arbria collections on sale are deliverable in Metropolitan France and Europe (on request), at the address you provided at the time of your order.
Given the nature of the product and in order to assure you of impeccable freshness, shipments for France and Europe shall only occur from Monday to Wednesday. (no delivery on weekends and public holidays)
Delivery method and timeframes
Based on the type of collection ordered, the desired delivery area and the mode of transport, one should allow an average period of 2 to 5 working days from shipment of your package. This delivery timeframe is indicated for information purposes only and is not a contractual commitment.
Delivery deadlines are observed as punctually as possible. In the event of a delay in delivery due to breakage of stock or at the carrier, this may not give rise to damages or interest.
In the event of error or omission in the wording of the delivery address preventing its execution as well as of the recipient’s rejection of the package, delivery shall not be considered incomplete as a result of this.
Arbria may be encouraged to provide a goodwill gesture to remedy such a situation.
You must ensure that the recipient is available at the scheduled delivery time and not hesitate to provide us with maximum information which may facilitate the shipper’s task. (Floor, door code, guard, access arrangements, etc.)
Delivery : in the event of the recipient being absent, the shipper shall leave a visit note in the recipient’s letterbox, provided that it is accessible and identifiable. The recipient should then come to pick up the product at the address specified on the visit note within the next working 24 hours due to the perishable nature of the product.
In the event of the recipient being absent, arbria ® may not be held responsible for the final quality of delivery.
Article 7 – Complaints
You have three days following the indicative scheduled delivery date to make any complaints about the product delivered.
Such complaints must initially be subject to an attempt at amicable resolution. In this regard, we certainly undertake to do our best to satisfy you. Under no circumstances may interest or damages exceed the amount of the order.
All refunds occur within a maximum of 21 days if you settled your order by bank card and 60 days if you settled your order by cheque. An email is then sent to you to notify you that this has taken place.
The carrier : it is purchaser’s responsibility to make all observations necessary to identify damage by expressing reservations on the carrier’s freight note on delivery and then confirming this within three days by registered letter with acknowledgement of receipt, a copy of which must be sent to arbria within the same timeframe.
Returns : For cases where a purchaser may have cause for complaint about a delivery, any return of plants shall be subject to a formal agreement reached between arbria and the purchaser. Any expense and risk incurred in returning goods are always borne by the purchaser.
Article 8 – Cancellation period
Since arbria collections are custom made, they cannot be taken back or exchanged nor be subject to a refund. The client does benefit from a cancellation right on these products.
Article 9 – Force majeure
The company arbria cannot be held liable if non-performance of the contract is delayed or prevented due to force majeure.
The following are regarded as being in this category, with this list not seen as exhaustive: war, riots, insurrection, fires, social unrest, strikes of all kinds, supply problems, traffic restrictions, weather conditions (frost, snow, etc...).
Similarly, arbria cannot be held liable for outages or intrusion by third parties on the website, considered as technical events that are independent of the company’s will and control.
Article 10 – Modification and interruption of the service
arbria reserves the right to modify or temporarily suspend all or part of its services for technical or compliance reasons and to do so without giving the consumer prior notice.
Article 11 – Intellectual property rights
The arbria ® brand, as well as the illustrations, images and logos appearing on arbria, accessories or their packaging, whether they are filed or not, are and shall remain the exclusive property of the arbria company. Any total or partial reproduction, modification or use of the trademark, artwork, images and logos, for any reason and on any medium whatsoever without the express and prior agreement of the company arbria, is strictly prohibited. The same shall apply to all copyright, designs and blueprints which are the property of the company arbria.
Article 12 – Disputes- Applicable law
These terms and conditions of sale are subject to French law.
In the event of a dispute, we suggest that you contact us, as a matter of urgency, in order to agree on an amicable solution.
By default it is the French courts which are solely competent.
Arbria customer service : contact@arbria.com |