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Terms of Sales

Terms & conditions

The present general conditions of sale are concluded between:

The Company Le Potager Fleuri, SCEA with a capital of 1.000 euros, registered with the RCS of Compiègne under number 829 261 387, having its head office at 4 route de la foret, 60810 Ognon, whose main activities are the development of agricultural activities ”, here - after called "Le Potager Fleuri" 

Et

Any natural person visiting and / or wishing to make a purchase via the website www.ognon.org accessible via the url www.ognon.org.

The present conditions aim to define the terms of distance sales between Ognon | The Vegetable Garden and the user, from order to payment and delivery. They regulate all the steps necessary for the placing of the order and ensure the follow-up of this order between the contracting parties.

TERMS OF SALES

The order implies full, entire and irrevocable acceptance of these general conditions of sale.

The terms and conditions may be subject to change at the initiative of Ognon | The Vegetable Garden, at any time and without notice.

The general conditions of sale applicable are those in force on the day of the order.

You have the option to save or edit these terms and conditions using the standard features of your browser or computer. This backup or edition of the general conditions of sale and services is your sole responsibility.

The consumer declares to have the full legal capacity allowing him to engage under this contract and not to purchase products with the aim of reselling them.

It is recalled that the sale of alcohol to minors is prohibited (article L. 3342-1 of the Public Health Code).

 

ARTICLE 1 - OBJECT

The purpose of these general conditions of sale is to define your rights and obligations and those of the Company Ognon | Le Potager Fleuri, from the order taking, on its Website or by telephone, to the delivery of this order to the address indicated by you when ordering.

These General Conditions of Sale are applicable to all sales concluded through the Site www.ognon.me.

 

ARTICLE 2 - ACCESSIBILITY OF THE SITE

The site is in principle accessible 24 / 24h, 7 / 7j, except interruption, programmed or not, for the purposes of its maintenance, a suspension of activity or case of force majeure.

Being in fact subject to an obligation of means, Ognon | Le Potager Fleuri cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the site.

ARTICLE 3 - REGISTRATION TO THE OGNON.ME SITE

Order taking on the Ognon website | Le Potager Fleuri requires your prior registration in order to create a customer account.

When registering for the Ognon Website | The Vegetable Garden, you must choose an identifier associated with a valid email address and a password.

It is your responsibility to keep this information strictly confidential and not to communicate it to third parties, in order to avoid as much as possible any risk of intrusion into your customer account and the placing of an order without your knowledge by unauthorized persons.

You agree to take all necessary measures to ensure this perfect confidentiality.

Access to your account is under your sole control and under your responsibility.

You guarantee Ognon | The Vegetable Garden is against any recourse or claim by a third party for an illegal registration under the terms of these terms and conditions.

If you notice or suspect any unauthorized or fraudulent use of your personal account or notice any other malfunction, you must immediately alert the Ognon | The Vegetable Garden at the following address: contact@ognon.me or by phone to 0365655303, and change your password immediately, if necessary.

Ognon | The Potager Fleuri can not be responsible for any use of your account by a third party who would have had access to your username and password, either at your initiative or by your negligence.

ARTICLE 4 - ORDERING AND DELIVERY DAYS

The particular customer can place his order with Ognon | The Vegetable Garden is via the Internet on the Ognon Site | The Vegetable Garden, by phone.

The order placed by mail can also be accepted subject to confirmation by Ognon | The Vegetable Garden. Any order placed only by mail and not having received a confirmation is not considered validated.

In all cases, the identification of the Customer allowing the recording of the order must contain at least the following information: name, first name, address, product (s) ordered.

The fields filled must contain exact and up-to-date information.

The Customer must

  • clearly identify the selected products with the references indicated on the Ognon Site | The Vegetable Garden. In the case of Products with options, these precise references appear when the right options are selected.

  • indicate the quantities requested.

  • fill in the chosen delivery method and method of payment

  • clearly specify the information needed for delivery.

This concerns in particular the precise delivery address as well as any restrictions on accessibility of the place of delivery (digital code, name of the intercom if it does not correspond to that of the customer, etc.)

The delivery address that you indicate when ordering must be as precise as possible (building number, floor, location of the apartment, etc.), in order to allow the delivery of your order in the best conditions and as fast as we can.

Ognon | Le Potager Fleuri cannot be held responsible in the event that delivery is not possible due to incorrect or incomplete information.

All orders must be placed in sufficient time for processing.

Any order can be modified or completed up to 22h, the day before the day scheduled for delivery.

Some recipes remain available for an order the same day before noon. These commands can not be modified.

To guarantee the freshness of our products, the preparation of each order (namely the preparation of the Products, the packaging and the invoicing) is generally carried out the same day of its delivery.

Ognon | The Vegetable Garden informs its customers that no delivery is currently possible on Sundays, Mondays and holidays.

ARTICLE 5 - ORDER CONFIRMATION

After placing your order, we will send you an email confirming the elements of your order, including

  • the essential characteristics of the basket ordered;

  • the price of the basket;

  • the date of availability or delivery of the basket;

  • information that you do not have the right of withdrawal on perishable products;

  • the identification of the transaction / order number;

  • the total amount of the order (price excluding VAT, price including taxes, shipping costs)

  • the support by you care expenses of returns non-perishable products in case of exercise of your right of retraction.

This email, whereby we accept your order, forms the sales contract.

The identity of the user can be checked by the commercial department of Ognon | Le Potager Fleuri according to the procedure referred to in article 18 of these general conditions of sale. The consumer is, in this case, warned by email, or telephone, of the supporting documents to be returned in order to obtain the final validation of his order. Ognon | Le Potager Fleuri reserves the right to cancel the order in the event of non-receipt of these supporting documents or receipt of supporting documents deemed non-compliant within a maximum period of 3 working days after the inspection.

Ognon | Le Potager Fleuri reserves the right to refuse an order from a consumer who has not fully or partially paid for a previous order, or with whom a payment dispute remains or for which the delivery constraints do not allow Ognon | Le Potager Fleuri to fulfill the order in good conditions.

ARTICLE 6 - DATE OF THE ORDER

The date of the order is deemed to be that of the date of validation of the order by the Customer in case of payment by credit card online or by phone;

However, this validation date is subject to the conditions linked to the anti-fraud controls put in place by Ognon | Le Potager Fleuri, if additional administrative documents are requested to ensure the identity of the author of the order. In this case, the Order Date will be either that above or that of receipt of the requested documents. Delivery times indicated on the Ognon | Le Potager Fleuri does not run until the Order Date as defined above.

 

ARTICLE 7 - SUBSCRIPTION OF A SUBSCRIPTION

Ognon company | The Vegetable Garden offers on its site ognon.me the subscription to a subscription, resulting in delivery each week on a specific day, according to a formula 2, 4 for a fixed price inclusive of VAT displayed on the site.

The subscription is subscribed via the website ognon.me for a period of one week, renewable by tacit renewal from week to week.

A subscription confirmation email, containing the essential features, is sent to the customer. He forms the contract binding the parties.

The customer can put an end to it at any time from his customer space, at the latest on Wednesday before midnight, for the following week.

He can activate this service again as soon as he wants from his client area.

The subscriber also has the option of suspending the service, for one or more weeks, at the end of which the subscription resumes its course.

The suspension is effective from the following week if it was requested by the Wednesday before midnight.

Each week will be charged the fixed cost of the subscription.

The subscribed user can at any time modify his subscription from his account. The changes will be taken into account for the following week.

He can modify:

  • The formula, that is the number of people

  • The day and the delivery schedule

  • The delivery adress

  • The bank card debited

  • Ognon company | The Vegetable Garden reserves the right to change the price of subscriptions.

The subscriber will be informed by email at least two weeks before the price change becomes effective. He will then be reminded that he has the possibility to put an end to the subscription via his client area.

Subscriptions that have not been terminated as a result of this email will continue at the new rate in effect.

In the event that, as part of a promotional offer, the customer has the opportunity to benefit from a free trial offer, for a specified number of weeks, he must subscribe to the subscription in the form provided for in this effect, and fill in all related fields, including its bank details.

However, debits will begin at the end of the free period if the customer has not canceled his subscription during the last week during which he benefits from the promotional offer before midnight Wednesday.

Ognon company | The Vegetable Garden reserves the right to terminate the subscription at any time in the event that a weekly flow can not be made or to suspend until the payment incident is regularized.

Ognon company | The Vegetable Garden reserves the right to modify exceptionally the day of delivery selected by the subscriber or to pause the subscription of the subscriber during a determined period, at any time. In particular in the case of holidays or exceptional closures. The subscriber will be notified at least the week before the suspension or modification of his subscription to be able to cancel or suspend his subscription if he wishes. In the case of a suspension of subscription, the subscriber will not be debited the week of the suspension.

ARTICLE 8 - VALIDITY OF THE ELECTRONIC SIGNATURE

In accordance with the law of March 13, 2000 on the adaptation of the law of evidence to information technologies and relating to the electronic signature, any order form signed by the consumer by "double click" constitutes an irrevocable acceptance which cannot be challenged only in the cases exhaustively provided for in these general conditions of sale.

The "double click" associated with the authentication, non-repudiation and protection of the integrity of messages procedure constitutes an electronic signature.

This electronic signature therefore has the value of a handwritten signature between the parties.

ARTICLE 9 - POSSIBLE AVAILABILITY OF PRODUCTS

Ognon | The Potager Fleuri regularly updates the products offered on the website " www.ognon.me To offer only products available.

However, the baskets proposed by Ognon | The Vegetable Garden are largely composed of fresh ingredients. Moreover, Ognon | The Vegetable Garden prepares orders on the day of delivery.

As a result, certain products ordered by the Customer may no longer be available on the scheduled delivery day due to weather conditions or any other reason.

In such a case, Ognon | The Potager Fleuri undertakes to keep the Customer informed as soon as possible by email or telephone and to propose an alternative solution or a refund of his order.

No cancellation penalty will be applied in case of cancellation of the order for unavailability and Ognon | The Potager Fleuri can not be held responsible for the unavailability of a product taking into account the hazards related to the nature of its activity.

In case of replacement by a new order, a formal validation will be requested from the Customer.

 

ARTICLE 10 - PRODUCT INFORMATION AND COMPLIANCE OF OFFERS

All Products sold by Ognon | The Vegetable Garden complies with the legislation of the European community in force and the standards applicable in France.

Ognon | Le Potager Fleuri presents on its website the products for sale as well as their detailed descriptions allowing the consumer to know before the final order is taken the essential characteristics of the products he wishes to buy, in accordance with the provisions of article L 111-1. of the consumer code,

Certain information and characteristics concerning the products are transmitted to us by our suppliers.

Accordingly, the liability of Ognon | Le Potager Fleuri cannot be held liable in the event of an error or omission, or in the event of modification of said elements by the suppliers. The photographs and illustrations are only indicative and are not contractual.

ARTICLE 11 - DELIVERY AREAS

The Services subscribed to by the buyer on the site are accessible only in the areas of the Paris region expressly referred to on the site " www.ognon.me ».

ARTICLE 12 - CUSTOMER SERVICE

To help you choose the most suitable products for your needs and expectations, and generally for any request for information, questions or order follow-up, our Customer Service is at your disposal:

By email: contact@ognon.me

By phone: 03 65 65 53 03.

We remind you that you can also access your order online on "My account". By going through this link, you can also have access to an online tracking of all your orders.

ARTICLE 13- PRICES INCLUDED

The prices of the site are indicated in euros all taxes included (TTC).

They are applicable during the validation of the order by the consumer.

Prices are subject to French VAT, i.e. 5,5%, 7% or 20% depending on the product categories. Any change in the legal rate of this VAT will be reflected in the price of the products presented on the Ognon site | Le Potager Fleuri, on the date stipulated by the relevant application decree.

ARTICLE 14 - SHIPPING OR DELIVERY COSTS

Shipping or delivery costs may be invoiced to the Customer according to the price indicated to the Customer before the final registration of the order.

Shipping costs can be offered free of charge on an ad hoc basis as part of Ognon's promotional operations | The Flower Garden.

ARTICLE 15 - DELIVERY

The products are generally made available on the farm or in a relay point. Exceptionally, delivery can be made by a delivery person to an address indicated by the Customer at the time of his order, and according to the terms specified by the customer (delivery to the home, to the caretaker, to a neighbor, etc. ) and formally approved by Ognon | The Flower Garden.

If the products are not delivered to your home, it is your responsibility to check that the envisaged delivery methods guarantee the respect of the cold chain.

In the event that the filled-in address is inaccurate causing a delay or impossibility of delivery of the order, nor the eventual provider responsible for the delivery, nor Ognon | The Potager Fleuri can not be held responsible.

We therefore recommend that you accurately enter your exact coordinates.

Ognon | The Vegetable Garden can not be held responsible for the delay or absence of delivery of the order if access to the premises is impossible for the deliveryman.

Ognon | The Vegetable Garden is committed to a delivery schedule.

However, with regard to the traffic conditions in Paris and the Paris region, 30's delivery time is exceeded after the delivery window considered compliant, and the Customer will not be able to claim any reimbursement or indemnity whatever its form. .

In the event of absence of the customer, or of any person likely to receive the order according to the delivery modalities informed by the customer, Ognon | The Potager Fleuri can not be held responsible for the non-receipt by the customer of the order. It can not be refunded and the Customer can claim no compensation.

 

ARTICLE 16 - NON COMPLIANCE

In the event that the customer considers that the delivered products are not in conformity with his order, and in particular in case of error in the composition of the cart delivered, it is his responsibility to immediately contact the Customer service in order to inform and that a solution is found.

ARTICLE 17 - MEANS OF PAYMENT

The regulations are made by credit card. They are cashed as soon as the order is validated by the consumer.

To use another payment method, please contact us by phone or email (see "Contact" page).

In the case of payment by credit card, the Customer's account will be debited at once for the amount of his purchases at the time of validation of his payment.

The consumer is notified by email of information concerning his order.

Full payment must be made when ordering, except for a specific offer indicated on the site.

At no time, except specific offer indicated on the site, the collected sums can not be regarded as down payments or installments.

The consumer must guarantee Ognon | Le Potager Fleuri that he has the necessary authorizations to use the payment method he chooses when validating the order form.

Ognon | Le Potager Fleuri reserves the right to suspend any order management in the event of refusal of payment authorization by financial organizations. Ognon | Le Potager Fleuri has set up an order verification procedure to ensure that no one is using the bank details of a third party without their knowledge. However, the consumer remains aware that Ognon | Le Potager Fleuri cannot be held responsible for any fraudulent use of any means of payment that has not been detected by the verification procedure.

Ognon | Le Potager Fleuri recommends that consumers ensure the solvency of their payment before validating their order on the site or through a commercial operator. Ognon | Le Potager Fleuri reminds consumers that any payment by credit card passes through a secure system and that no credit card number is kept in its files.

ARTICLE 18 - ORDER VERIFICATION PROCEDURE

In order to prevent fraudulent use of means of payment, customer accounts, delivery addresses, and in order to further secure customer transactions, Ognon | Le Potager Fleuri carries out checks on the orders placed by its Customers.

As part of these checks, the Customer may be asked to send us administrative documents such as: Proof of identity and / or proof of address (fixed telephone bill, receipt for electricity, gas, water) , and for companies: extract from KBIS less than 3 (three) months old.

As part of these checks, if the supporting documents were not sent to us or if the documents sent did not allow us to establish with certainty the identity of the author of the order and the reality of the direct debit, we could not validate the order and it would then be canceled.

Refunds of these orders could then be made only after identification of the payer of the order. A credit card payment will only be refunded directly to the account to which the credit card used for payment is linked.

ARTICLE 19 - NON-EXECUTION OF THE ORDER

Ognon | Le Potager Fleuri cannot be held responsible for non-performance of the contract in the event of a shortage of the product chosen, given the nature of its activity subject to climatic or supply hazards, or in the event of force majeure, disruption. , total or partial strike (including postal services and means of transport or communications), flood, or fire.

The order will then be refunded to the customer.

Ognon | On the other hand, Le Potager Fleuri will not incur any liability for any indirect damage due to possible operating losses, loss of profit, or costs which may result therefrom within the framework of a company.

In the absence of conformity of the information provided by the consumer when ordering, Ognon | Le Potager Fleuri cannot be held responsible for any data entry errors and the resulting consequences, particularly in terms of delay or impossibility of delivery. In this context, all costs incurred by Ognon | The Flower Garden to ensure the delivery of the order will be the responsibility of the consumer.

ARTICLE 20 - RIGHT OF WITHDRAWAL OR CANCELLATION

The consumer has in principle, in application of the provisions of article L 121-21 of the Consumer Code relating to contracts concluded at a distance, a period of fourteen days from the date of delivery of the product (s). ) ordered on the internet, to exercise the right of withdrawal.

However, by virtue of Article L 121-21-8 of the same code, goods which, by their nature, may deteriorate or expire rapidly, are not affected.

This is the case of fresh food products.

Consequently the right of retraction or cancellation is not applicable to all the food products ordered on the site Ognon | The Vegetable Garden.

The right of withdrawal introduced by the Consumer Code can therefore only apply to non-perishable products sold on our site, such as jams or soups.

The exercise of the right of retraction is done by the use of the standard form accessible on request by return of mail.

The return of items must be subject to prior approval by Ognon Customer Service | The Vegetable Garden (see page "Contact Us").

Delivery costs as well as return costs will remain the responsibility of the customer.

In case of exercise of this right of withdrawal, Ognon | Le Potager Fleuri will make every effort to reimburse the consumer within a reasonable maximum period of one month, following the confirmation of the cancellation and the return of the products.

The consumer will then be refunded by a system of re-credit (secure transaction) in case of payment by credit card, or by check in other cases.

ARTICLE 21 - INTELLECTUAL PROPERTY

The components of the Site such as trademarks, drawings, models, images, texts, photos, logos, graphics, software, search engines, databases, without this list does not be exhaustive, are the exclusive property of Ognon | The Vegetable Garden or third.

Any reproduction and / or representation, total or partial of one of these elements, without the express authorization of Ognon | The Vegetable Garden or the third owner, is prohibited and constitutes an infringement punishable by articles L. 335-2 and following of the Code of intellectual property.

Consequently, you prohibit any act and any action that may directly or indirectly infringe the intellectual property rights of Ognon | The Vegetable Garden or third.

ARTICLE 22 - PERSONAL DATA

The website accessible via the url www.ognon.me was the subject of a declaration to the CNIL.

The information you are requested is necessary to allow you to benefit from a customer area and to process your orders. As such, certain information may be communicated to our partners to ensure the effectiveness of delivery.

You are informed that all personal data collected will be subject to an automated treatment whose controller is Ognon | The Vegetable Garden.

This information is for the company Ognon | The Vegetable Garden, responsible for the treatment. So, Ognon | The Vegetable Garden does not communicate your personal data to third parties unless it exists for the company Ognon | The Vegetable Garden has a legal obligation to disseminate these data.

It may, however, provide your personally identifiable information, data generated by cookies and aggregated information to suppliers and service agencies that Ognon | The Vegetable Garden can hire to help you provide its services. These third parties will be required to use your personally identifiable information only as part of the services they provide to Ognon | The Vegetable Garden.

Finally, in case of merger or redemption of the Site, personal data may be transmitted to the buyer or the merging company after you have been informed by mail and clear warning on the Site.

The personally identifiable information collected as part of your use of the Site may be stored in France or in any country providing an adequate or sufficient level of protection of privacy and the fundamental rights and freedoms of individuals. By using the Site, you expressly agree to the transfer to France and elsewhere of personally identifiable information that you provide to Ognon | The Vegetable Garden.

In accordance with the law 78-17 6 January 1978, you have a right to access, query, modify, rectify and delete data concerning you and a right of opposition to legitimate motive and commercial prospecting.

You have the possibility to receive, on request, information on the processing of data concerning you on written request to which is attached a photocopy of an identity document:

  • by post to the address of the company

  • by email

If the information processed is incorrect or incomplete, you can request that it be corrected, detailed or deleted by contacting the personal data service at the address above.

ARTICLE 23 COOKIES

Cookies record certain information that is stored in the consumer's disk memory.

In no case cookies contain confidential information, such as the name or credit card number, but allow to store information about your browsing on the Site, such as items selected during previous visits as well as the pages on which you surfed

You are informed that during your visits to the Site, a cookie may be installed automatically on your browser. As such, you declare to accept the possibility for the company Ognon | The Vegetable Garden to use the technique of cookies or any other assimilated technique or similar to trace your navigation.

The setting of the browser software can be used to be informed of the presence of a cookie and possibly to refuse it in the manner described at the following address: http://www.cnil.fr. You can, if you wish, enable or disable the use of cookies by selecting the appropriate settings of your browser software. Generally, these parameters are found in the "tools" or "parameters" tabs.

You are informed that such deactivation could prevent the use of certain features of the Site.

You have a right of access, withdrawal and modification of personal data communicated through cookies in the conditions indicated above.

ARTICLE 24 - INTEGRITY OF THE CONTRACT

The fact that one of the parties does not invoke a breach by the other party of one of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in cause.

In the event that one of these provisions should be declared null or deemed unwritten, the validity of the other provisions of the General Conditions of Sale will not be called into question.

ARTICLE 25: APPLICABLE LAW AND COMPETENT JURISDICTION

These general conditions of sale are subject to French law. All disputes relating to the commercial relationship between Ognon | The Vegetable Garden and the consumer are subject to the exclusive jurisdiction of the French courts and in particular the Courts of Compiegne.

However, in the event of a dispute or complaint, the consumer will first contact Ognon | Le Potager Fleuri to find an amicable solution.

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