Terms of Sales
The present general conditions of sale are concluded between:
The company Le Potager Fleuri, SCEA with the capital of 1.000 euros, registered with the RCS of Compiègne under the number 829 261 387, having its registered office 4 road of the forest, 60810 Ognon having for main activities the development of agricultural activities ", ci -after named "The Vegetable Garden"
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 adhesion to 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 full legal capacity to engage under this contract and not to make purchases of products in order to resell them
It is recalled that the sale of alcohol to minors is prohibited (article L. 3342-1 of the Code of Public Health).
ARTICLE 1 - OBJECT
These general conditions of sale are intended to define your rights and obligations and those of the Company Ognon | The Vegetable Garden, from taking the order, on its Website or by phone, to the delivery of this order to the address indicated by you during this order.
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 can not be held responsible for any damage, whatever its nature, resulting from unavailability of the site.
ARTICLE 3 - REGISTRATION TO THE OGNON.ME SITE
Order taking on the Ognon Website | The Vegetable Garden supposes your preliminary registration for the creation of 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, to avoid as much as possible any risk of intrusion into your customer account and placing 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: 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 registration of the order must contain at least the following information: surname, first name, address, product (s) ordered (s).
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 address of delivery as well as any restrictions of accessibility of the place of delivery (digicode, name of the interphone if it does not correspond to that of the customer, etc.)
The delivery address that you indicate during your order must be as precise as possible (building number, floor number, situation of the apartment etc.), in order to allow the delivery of your order under the best conditions and as fast as we can.
Ognon | The Potager Fleuri can not be held responsible in case of impossibility of delivery due to erroneous 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, (ie the preparation of the Products, the packaging and the invoicing) is generally carried out the day of its delivery.
Ognon | The Vegetable Garden informs its customers that no delivery is currently possible on Sundays, Mondays and holidays.
ARTICLE 5 - CONFIRMATION OF ORDER
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 controlled by the commercial department of Ognon | The Vegetable Garden in accordance with the procedure referred to in Article 18 of these general conditions of sale. The consumer is, in this case, notified by email, or phone, supporting documents to return in order to obtain the final validation of his order. Ognon | The Vegetable Garden reserves the right to cancel the order in case of non receipt of these documents or receipt of evidence deemed non-compliant within a maximum period of 3 working days after the inspection.
Ognon | The Vegetable Garden reserves the right to refuse an order from a consumer who has not fully or partially paid a previous order, or with whom a payment dispute remains or for which the delivery constraints do not allow Ognon | The Vegetable Garden to honor the order in good conditions.
ARTICLE 6 - DATE OF 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;
Nevertheless, this validation date is subject to the conditions related to the anti-fraud controls set up by Ognon | The Vegetable Garden, 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 the one above or that of the receipt of the requested documents. The delivery times indicated on the site of Ognon | The Vegetable Garden run only from 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 ELECTRONIC SIGNATURE
In accordance with the law of 13 March 2000 on the adaptation of the law of evidence to the information technologies and relating to the electronic signature, any order form signed by the consumer by "double click" constitutes an irrevocable acceptance that can not to be called into question only in the limited cases provided for in these general conditions of sale.
The "double click" associated with the authentication, non-repudiation and message integrity protection 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 " 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 | The Vegetable Garden has on its website the products to sell and their detailed descriptions allowing the consumer to know before the final ordering the essential characteristics of the products he wants to buy, in accordance with the provisions of Article L 111-1 of the code of consumption,
Certain information and characteristics concerning the products are transmitted to us by our suppliers.
As a result, the responsibility of Ognon | The Vegetable Garden can not be engaged in case of error or omission, or in case of modification of the said elements by the suppliers. The photographs and illustrations are only indicative and are not contractual.
ARTICLE 11 - DELIVERY AREAS
The Services subscribed by the purchaser on the site are accessible only in the zones of the Paris region expressly referred to on the site « ».
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 phone: 03 65 65 53 03.
We remind you that you can also access your order online on "My Account". Through this link, you can also access 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, either 5,5%, 7% or 20% depending on the product categories. Any change of the legal rate of this VAT will be reflected on the price of the products presented on the site of Ognon | The Vegetable Garden, on the date stipulated by the decree of application referring to it.
ARTICLE 14 - SHIPPING OR DELIVERY COSTS
Shipping or delivery charges may be billed to the Customer at the price indicated to the Customer before the final registration of the order.
Shipping costs may be offered free of charge on an ad hoc basis as part of Ognon's promotional activities | The Vegetable Garden.
ARTICLE 15 - DELIVERY
The products are generally available on the farm or at a relay point. Exceptionally, the delivery can be made by a deliveryman to an address indicated by the Customer at the time of his order, and according to the terms and conditions that have been specified by the customer (delivery to the home, to the caretaker, to a neighbor, etc.). ) and formally approved by Ognon | The Vegetable 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 a payment by credit card, the account of the Customer will be debited in one time of the amount of its purchases at the time of the validation of its payment.
The consumer is notified by email of information concerning his order.
The full payment must be made when ordering, unless 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 to Ognon | The Vegetable Garden has the necessary permissions to use the payment method it chooses during the validation of the order form.
Ognon | The Potager Fleuri reserves the right to suspend any order management in case of refusal of payment authorization by the financial organizations. Ognon | The Vegetable Garden has implemented an order verification procedure to ensure that no one uses the bank details of a third party without his knowledge. However, the consumer remains advised that Ognon | The Vegetable Garden can not be held responsible for any fraudulent use of any means of payment that would not have been detected by the verification procedure.
Ognon | The Vegetable Garden recommends to the consumer to ensure the solvency of his payment before validation of his order on the site or through a commercial operator. Ognon | The Vegetable Garden reminds the consumer that any payment by credit card passes through a secure system and no credit card number is kept in his files.
ARTICLE 18 - ORDER VERIFICATION PROCEDURE
In order to prevent the fraudulent use of means of payment, customer accounts, delivery addresses, and to further secure the transactions of Customers, Ognon | The Vegetable Garden carries out checks on orders placed by its Customers.
As part of these checks, the Customer may be asked to send us administrative documents of the type: Proof of identity and / or proof of address (fixed telephone bill, receipt of electricity, gas, water) , and for companies: KBIS extract of less than 3 (three) months.
In the context of these checks, if the supporting documents were not addressed to us or if the addressed documents did not make it possible to establish with certainty the identity of the author of the order and the reality of the domiciliation, we could not validate the order and it would 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 - INEXECUTION OF THE ORDER
Ognon | The Potager Fleuri can not be held responsible for the non-performance of the contract in case of stock shortage of the chosen product, given the nature of its activity subject to weather hazards or supply, or in case 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 incur no liability for any consequential damages due to possible operating losses, loss of profits, or expenses that could result, within the framework of a company.
In the absence of conformity of the information provided by the consumer when ordering, Ognon | The Vegetable Garden can not be held responsible for any errors of seizure and the consequences that would result, in particular in terms of delay or impossibility of delivery. In this context, all expenses incurred by Ognon | The Vegetable 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, pursuant to 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 | The Vegetable Garden will make every effort to reimburse the consumer within a reasonable maximum 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 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
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.
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 for one of the parties not to claim a breach by the other party to one of the obligations referred to in these terms and conditions can not be interpreted for the future as a waiver of the obligation in cause.
In the event that one of these provisions should be declared void 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 case of dispute or claim, the consumer will first contact Ognon | The Vegetable Garden to get an amicable solution.