Date of last update: March 28, 2022
These General Conditions of Sale (“GCS”) established by the company Draw Me A Garden, a simplified joint stock company with share capital of €28,925, registered under number 828 223 214 RCS Blois and whose head office is located at 21 rue Franciade, 41000 Blois (“DMAG”), define the rights and obligations of the parties in the context of the sale of products and/or services to consumers (the “Customers”) who place an order on the website www.dmag.fr (the "Website").
The Website is aimed at individual Customers, namely any natural person aged 18 or over, acting as a consumer, having full legal capacity and acting within the framework of an order that they place for their own needs, for the needs of a minor, or as a legal guardian, as well as to professional Clients, for the needs of their professional activities (in the field of landscaping).
The Customer declares to have read and accepted without reservation the General Terms and Conditions in their version in force at the time of placing the order. As a sign of his agreement, the Customer will check the box provided for this purpose when placing the order.
DMAG may occasionally be required to modify certain provisions of the General Terms and Conditions. Consequently, it is up to the Customer to reread them before each order. The General Terms and Conditions are accessible at any time on the Website and take precedence, where applicable, over any other version or any other contradictory document. These modifications are enforceable as soon as they are posted online and cannot apply to contracts concluded previously. Each purchase on the Website is governed by the General Terms and Conditions applicable on the date the order is placed.
The fact that DMAG does not rely, at a given moment, on any of the clauses of the General Conditions of Sale cannot be interpreted as a general waiver of its right to do so.
DMAG offers an online solution to easily create a “ready to plant” landscaped garden.
DMAG offers the following products and services:
- Garden project
- Landscape Project Box
- “Ready to plant” kits
- Personalized advice
The products and services are described and presented with the greatest possible precision on the Website. DMAG, however, draws the Customer's attention to the fact that the visuals cannot ensure perfect similarity with the product offered for sale and therefore have no contractual value. DMAG cannot be held responsible for differences (size, aesthetics, etc.) between the visual of the product on the Website or in the proposal sent to the Customer and the product. Each plant is unique and evolves with the seasons.
In accordance with article L. 1338-3 of the Public Health Code, any distributor or seller of plants likely to harm human health is required to inform, prior to the conclusion of the sale, the purchaser of the risks. for human health and, where applicable, means to protect against it. Certain plants, exhaustively listed in the annex to the decree of September 4, 2020, can potentially present poisoning by ingestion, respiratory allergies, mucocutaneous reactions or abnormal skin reactions in the event of exposure to the sun. These risks, precautions and/or actions to be taken where applicable are presented in the following document: www.legifrance.gouv.fr
In the event of ingestion, contact or respiratory allergy linked to these plants, you can also consult the plantes-risque.info website. This Website allows you to search by name or visually search the plant. It also allows you to know the ways to protect yourself from risks, the right reflexes to have in the event of symptoms and gives information on the presence of the plant in the natural environment.
If you experience symptoms after ingesting a toxic plant, it is recommended to contact the nearest poison control center, 15 or 112. It is also advisable to keep the label or a photograph of the plant to facilitate its identification.
By accepting the General Terms and Conditions, the Customer acknowledges having been duly informed, prior to the sale, of the risks to human health potentially linked to the acquisition of said plants.
The applicable prices are those in effect at the time the order is placed. The price of products and services appearing on the Website may be modified by DMAG at any time with effect for the future.
Prices are expressed in euros (€) and all taxes included. Any delivery costs are invoiced in addition and will be indicated before final validation of the order.
The final amount that must be paid by the Customer, including delivery costs, is indicated in the order summary, before validation and payment thereof by the Customer.
For fixed-term subscriptions, the price of the subscriptions may be increased only at the end of the commitment period, in the event of subscription renewal.
Customers have the possibility of ordering products and/or services on the Website. To do this, the Customer must first create an account or identify themselves if their account has already been created. In this context, the Customer must notably provide their email address, telephone number and user name. DMAG cannot be held responsible for the inaccuracy of the information communicated by the Customer. The customer account will provide access to a personal space where the Customer can track their orders and access invoices.
Once connected to his account, the Customer must follow the different steps on the Website in order to create his landscaped garden.
At any time before final validation of the order, the Customer will be able to check and modify the content of their order.
After confirming the content of his order, the Customer will definitively validate it by payment. The order will only be final upon payment of the corresponding price.
DMAG will systematically confirm each Customer's order by email.
In order to allow the order to be processed, the Customer must provide a certain amount of information relating to their contact details and means of payment. This information must be complete and accurate. Otherwise, DMAG will not be able to process the order.
DMAG reserves the right to cancel or refuse the order of a Customer with whom there is a dispute for a previous order.
The service and product offers are available throughout mainland France (excluding Corsica), Belgium, Luxembourg and Switzerland.
The offers present on the Website are valid, in the absence of indication of a particular duration, only for the duration of presence on the Website, and while stocks last.
In the event of total or partial unavailability of a product or service after placing the order, the Customer will be informed by email of the delivery of a partial order or of the cancellation of their order.
In accordance with the provisions of articles L. 216-6 and L. 216-7 of the Consumer Code, in the event of unavailability of the product or service, the Customer then has the option of terminating the contract and being reimbursed of the price of the product or service ordered within 14 days of its request.
The authorized payment methods are as follows:
- Payment by bank card via the Mercanet system, operated by the BNP Paribas bank
- Wire Transfer
It is up to the Customer to save and print their payment certificate if they wish to keep their banking and transaction details. The corresponding invoice will be sent to the Customer by email and accessible from the Customer's account on the Website.
The Customer guarantees that he is fully authorized to use the payment method to pay for his order and that these payment methods provide access to sufficient funds to cover all costs resulting from the order.
Garden Projects are sent directly to the email address provided by the Customer in their customer account. The Customer will also be able to find their garden Project in their customer account on the Website.
The products will be sent to the delivery address that the Customer indicated during the ordering process. This address must allow delivery under normal conditions, that is to say in particular under conditions allowing access to a large vehicle or, when the size of the Product ordered requires it, access to a semi-truck. -trailer. Failing this, the Customer and Draw Me A Garden will agree on another delivery address to ensure delivery under normal conditions.
The maximum delivery time is 30 days from the order. The delivery date is agreed in advance between Draw Me A Garden and the Customer, by email or telephone.
If the Customer should be absent at the agreed time slot, thus preventing delivery of the order, DMAG may either proceed automatically to cancel the order or offer to agree on a new appointment for which DMAG reserves the right to invoice the Customer for additional costs upon prior information from the Customer.
In addition, DMAG draws the Customer's particular attention to the nature of the products sold, particularly plants with low resistance to transport (need for light, water and a suitable temperature) and wishes to raise awareness among the Customer on the fact that not honoring an appointment made for a delivery can contribute to the alteration and necessarily to the waste of products.
Upon delivery, the Customer must check the conformity and condition of his order and, if necessary, express any useful reservations concerning apparent defects (missing, incomplete product or damaged package). In the event of an apparent defect or complaint, the Customer is invited to contact DMAG according to the procedures indicated in article 15 below.
Pursuant to the provisions of articles L. 216-6 and L. 216-7 of the Consumer Code, in the event of late delivery, the Customer may terminate the contract by registered letter with acknowledgment of receipt or by a written on another durable medium, if, after having ordered, according to the same terms, DMAG to make the delivery or to provide the service within a reasonable additional period, the latter has not executed within this period, unless this late delivery is due to a case of force majeure within the meaning of the case law of the French courts. In this case, DMAG reimburses the Customer for the totality of the sums paid, at the latest within fourteen days following the date on which the contract was terminated.
In the event of a subscription, the Customer will receive personalized advice in their customer account on the Website, according to the frequency they have defined.
The Customer has the right to withdraw from the contract without giving any reason within 14 days. The withdrawal period expires 14 days after the day:
I - the conclusion of the contract, in the event of the provision of a service;
II - where the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the product ordered, in the event of sale of products.
To exercise the right of withdrawal, the Customer must notify DMAG (at the contact details indicated in article 15 of the General Terms and Conditions) of his decision to withdraw from the contract by means of an unambiguous declaration (for example, letter sent by post). or email). The Customer can use the model withdrawal form in the appendix to the General Terms and Conditions, but this is not obligatory. For the withdrawal period to be respected, it is sufficient for the Customer to transmit his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
In the event of the Customer's withdrawal from the contract, DMAG will reimburse the Customer for all payments received from the Customer, including delivery costs (with the exception of additional costs arising from the fact that the Customer has chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by DMAG) without undue delay and, in any event, no later than 14 days from the day on which DMAG is informed of the Customer's decision to withdraw. DMAG will make the reimbursement using the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to a different means; in any event, this reimbursement will not incur any costs for the Customer.
In the event of the provision of a service:
If the Client has requested to begin the provision of services during the withdrawal period, the Client must pay DMAG an amount proportional to what was provided to him up to the moment he informed DMAG of his withdrawal, in relation to the all the services provided for in the contract.
In case of sale of products:
DMAG will collect the products and the Customer will have to cover the direct costs of returning the products. These costs are estimated at a maximum of around 400 euros (for two pallets).
The Customer's liability is only incurred with regard to the depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this product.
The right of withdrawal cannot be exercised in the event of:
- provision of services fully executed before the end of the withdrawal period and the execution of which began after express prior agreement of the Customer and express waiver of his right of withdrawal;
- supply of goods made to the consumer's specifications or clearly personalized;
- supply of goods likely to deteriorate or expire quickly.
DMAG draws the Customer's attention to the nature of certain products sold on the Website, particularly plants subject to maintenance requirements as well as specific transport conditions with regard to the fragility of the products, their need in supply of water and light, etc. thus falling, with regard to these particular constraints, necessarily into the category of perishable products excluded from the scope of the right of withdrawal.
With any purchase of a “Ready to Plant” Kit, one year of personalized advice is included.
At the end of this period, the Customer has the option of extending their subscription with a commitment period of one year. There is no automatic renewal of the subscription upon expiry. The subscription will be renewable upon expiry if the Customer expresses their request for renewal, for example by accepting a resubscription offer.
No early termination, that is to say before the end of the subscribed commitment period, is possible except for legitimate reasons.
In the event of failure to pay a monthly payment, the subscription will be suspended. The Customer will be informed by email and/or telephone of the rejection of said payment and consequently of the suspension of their Subscription. If necessary, the Customer is invited to regularize his situation as quickly as possible. If within 10 calendar days following the notification of the rejection of the payment no action on the part of the Customer has been taken to regularize his situation, DMAG will proceed to the termination of his subscription after having informed the Customer by email . Therefore, in order to be able to benefit from their subscription again, the Customer will have to take out a new subscription.
A subscription may be terminated at any time by DMAG and without notice due to fraudulent or illicit use of the Website's contents and services. The Customer will be informed of this termination and its reasons by email.
DMAG is liable for defects in conformity of the products with the contract under the conditions of Article L. 217-4 et seq. of the Consumer Code and for hidden defects in the item sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.
When acting as a legal guarantee of conformity, the Customer:
- has a period of two years from delivery of the product to act;
- can choose between repairing or replacing the product, subject to the cost conditions provided for by article L. 217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the product during the 24 months following delivery of the good.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
DMAG undertakes to implement all means likely to respond to the Customer's request and satisfy the latter.
However, taking into account the state of the art and the partly subjective dimension of the services, particularly on the aesthetic or functional aspect, DMAG cannot guarantee the perfect satisfaction of the Customer and the adequacy of the proposal to the latter's wishes, which he expressly recognizes.
For the provision of services, Draw Me A Garden's obligation can only be one of means. DMAG only providing a design support tool, based on data provided by the Client, under the responsibility of the latter, it cannot be considered as intervening in any way in the choice of the solutions retained, or their implementation by the Client, who expressly acknowledges that the products and services offered by DMAG do not include the technical feasibility of the project.
DMAG cannot in this context incur any liability towards the Customer. The Client wishing to implement the proposal resulting from DMAG's services, undertakes to carry out all necessary technical studies, and is personally responsible for all legal, regulatory and administrative obligations without possible recourse against DMAG.
The Customer must scrupulously respect the prescriptions, instructions for use and any restrictions on the use of the product indicated to him. DMAG cannot be held responsible in the event that the Customer suffers damage in the event of a breach.
Under no circumstances can DMAG be held liable for any damage that does not result from a failure by DMAG to fulfill one of its obligations.
DMAG cannot be held liable if, in a case of force majeure as defined by case law, or beyond its control, DMAG is unable to perform its obligations.
The information collected when placing an order is subject to computer processing by DMAG.
The Customer is informed of his right to register free of charge on the list opposing telephone canvassing on the website www.bloctel.gouv.fr.
In accordance with article L. 213-1 of the Consumer Code, DMAG retains for 10 years any contract concluded with the Customer and relating to a sum equal to or greater than 120 euros, and guarantees access to the Customer if they request it.
The Customer may exercise his right of access by contacting DMAG using the contact details indicated in article 15 below.
For any questions or complaints, you can contact us on 02 38 69 70 58 Monday to Friday from 8 a.m. to 7 p.m. and Saturday from 9 a.m. to 5 p.m. (excluding public holidays) or write to us via our online contact form.
These General Terms and Conditions in French will be executed and interpreted in accordance with French law.
In the event of a dispute, the Customer must first contact DMAG to obtain an amicable solution by contacting them using the contact details indicated in article 15.
If the Customer is unable to resolve his dispute directly with DMAG, after having sent him a written complaint, any dispute relating to these General Terms and Conditions will be submitted to the competent French courts. We inform you, however, that you have the possibility of resorting to a conventional mediation procedure or any other alternative method of dispute resolution, prior to any legal action.
The Customer can also present any complaints on the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. The European Commission will transfer the Customer's complaint to the notified competent national mediators.
Failing this, the French courts will have jurisdiction.