These conditions aim to define the terms of sale between the Akou company and the user, from ordering the products, through payment and delivery.

They regulate all the steps necessary for placing the order and ensure the monitoring of this order between the contracting parties.

The acquisition of a product through the site www.jardineireakou.com implies unreserved acceptance by the user of these conditions of sale. The Akou company reserves the right to modify its conditions of sale at any time.

Article 1 - PREAMBLE

These conditions are concluded between, on the one hand, the company Akou SARL, domiciled at 56 rue de bruys 13005 Marseille, and, on the other hand, people wishing to make a purchase via the website www.jardineieakou.com, hereinafter referred to as “the User”.

The parties agree that their relations will be governed exclusively by these general conditions of online sale.

If a condition were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

The user declares to have read the following provisions before placing an order. By choosing to acquire a product via the website, you expressly and irrevocably accept the terms set out below.

The User declares to have the capacity to enter into this contract, that is to say the legal majority and not to be under guardianship or curatorship.

Article 2 – CHARACTERISTICS OF THE PRODUCTS SOLD

The Akou company offers for sale on the site all or part of its product catalog.

The descriptions, possible sheets presenting the products, displayed on the website do not fall within the contractual scope. They are only a presentation of the products actually sold. If errors are introduced, under no circumstances can the Akou company be held liable. Only the property sold falls within the contractual scope.

The size of the plants communicated on the site is given for information only and is not contractual.

Generally speaking, we recommend not consuming plants unless you have clearly informed yourself about their possible method of consumption. The Akou SARL company cannot be held responsible for any use of plants sold on the site www.jardinerieakou.com .

Prior information on the potential risks of certain plants for human health

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 if necessary are presented in the following document: https://www.legifrance.gouv.fr/jorf/id/ JORFTEXT000042325453. By accepting these general conditions of sale, the purchaser acknowledges having been duly informed, prior to the sale, of the risks to human health potentially linked to the acquisition of said plants.

we guarantee the good condition of the plants upon their arrival; we do not control the growing, watering or exposure conditions, and therefore cannot provide you with any guarantee on the plants. However, do not hesitate to contact us if you have any problems.

The characteristics and descriptions of the products sold may be modified as part of the update.

Article 3 – ORDER AND ACCEPTANCE OF AN ORDER

The user has the option of placing their order online. The order can only be registered on the website if the user has clearly identified himself.

In order to allow the User to return to their order before definitively validating it, the Akou company has created an order validation system in several stages allowing them to check that the products and contact details entered are compliant and that he agrees to these general conditions of sale.

At the end of these steps, the Akou company will communicate by email confirmation of the registered order.

The order is considered firm upon receipt by the User of the email from the Akou company confirming the final registration of said order. This confirmation constitutes the date of conclusion of the sales contract and acceptance by the User of these general conditions of sale. For the establishment of useful evidence, the Akou company will keep the user's full contact details.

The online provision of the bank card number and the final validation of the order will constitute proof of the entirety of said order in accordance with the provisions of Law No. 2000-230 of March 13, 2000 on the adaptation of the law of proof to computer technologies and relating to electronic signature, and will be worth the sums incurred by entering the products appearing on the order form.

This validation constitutes signature and express acceptance of all operations carried out on the site.

Article 4 – PRICE

Prices are indicated in euros, all taxes included (TTC). They are subject to change at any time.

European VAT rates are applied according to the VAT of the country of delivery

Article 5 – PAYMENT AND SECURITY OF TRANSACTIONS

The User can pay for their online purchases when ordering by credit card (CB, VISA, MASTERCARD, Blue E-card) or by any other means of payment made available by the Akou company on the website www.jardinerieakou.com .

SSL payment

The price is payable in euros and due when ordering.

The User's account will only be debited upon validation of the order for the amount of the products purchased.

Article 6 – DELAY PENALTIES

Any delay in payment of the invoice or failure in the credit of the bank account used by the User to pay the price of the order entails, automatically and without formal notice, the application of a late payment penalty of three times the legal interest rate. This penalty, calculated on the entire amount remaining due, runs from the day following the due date until the day of payment of the entire amount.

Article 7 – DELIVERY

Once registered, the order is delivered to the address indicated by the user as soon as possible. Delivery of the order can only be postponed after prior acceptance by Akou.

The Akou company undertakes to make deliveries of the products ordered as quickly as possible. The average delivery times observed are 4 to 7 days for home delivery. Delivery times are given for information purposes only; if these exceed thirty days from the order, the sales contract may be terminated and the User reimbursed.

For the delivery of its deliveries, the Akou company cannot be held responsible for the loss, misplacement or theft of an order. The risks are borne by the user from the moment the products have left the shipping premises. In the event of damage during transport, the reasoned protest must be sent to the carrier within three days (for information only) from delivery.

To monitor the order in progress, the User can consult their email inbox, an email being sent to them automatically at each stage of the processing of their order, or consult their user account, in the “my account” section and follow these same instructions. He can also contact the Akou company directly using the contact details provided in the “contact” section.

Non-compliant order: any non-compliant order must be returned to the Akou company in its original packaging, and accompanied, if applicable, by the delivery note, to the following address:

Jardinerie Akou SARL, 56 rue de bruys, 13005 Marseille France

Upon receipt, the Akou company examines the order and its non-compliance with the order form. If the non-compliant nature is confirmed by the Akou company, the user is either reimbursed the sums corresponding to the price(s) of the product(s) acquired by him, or compensated by the exchange of the non-compliant products in a period of thirty days.

The costs of returning and resending an exchange are the responsibility of the Akou company if the non-compliance is the consequence of an error emanating from the Akou company.

In order to ensure the smooth progress of the product(s) purchased on www.jardinerieakou.com , the user undertakes to provide their complete and accurate contact details. The company Akou SARL cannot be held responsible for an error in information. If an error is noticed by the user, we invite the user to contact customer service at contact@jardinerieakou.com or at 04 91 81 39 31 .

Article 8 – RIGHT OF WITHDRAWAL

In accordance with the Châtel law, applicable since June 1, 2008, plant products sold on the website www.jardinerieakou.com are not subject to the right of withdrawal and cannot be refunded, as they are considered perishable products.

Article 9 – LIABILITY

The Akou company only has an obligation of means for all stages of access to the site (ordering process, deliveries or subsequent services). It cannot be held liable for any inconveniences or damages inherent to the use of the Internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with case law. .

The products offered on the website www.jardinerieakou.com are described with the greatest accuracy. If, despite all these precautions, errors were produced, the Akou company could under no circumstances be held responsible for this fact.

Article 10 – COMPUTER AND FREEDOM LAW – CONFIDENTIALITY – PERSONAL DATA

The information requested from the user is necessary for the Akou company to process their order.

The Akou company therefore reserves the right to collect data on the user, in particular through the use of cookies. The Internet user has the possibility to refuse these cookies by activating this option on his browser, or to delete them knowing that the use of the site may be limited.

Subject to the user's express agreement, the Akou company may use their personal data to better inform them about the Akou company's commercial offers or any operation linked to competitions in particular.

The Akou company undertakes not to transmit the identity and contact details of Users to a third party for commercial purposes.

The user is informed that he can choose at any time to no longer receive commercial messages by deactivating the box corresponding to the “My account – My preferences” section in his profile.

In accordance with article 27 of the French law on information technology, files and freedom of January 6, 1978, the User has a right of access and rectification relating to data concerning him, a right which he can exercise by writing to:

Akou garden center, 56 rue de bruys, 13005 Marseille France

Article n°11 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES

The special conditions and general conditions of the order are interpreted in accordance with French law.

In the absence of an amicable settlement, the dispute will be brought before the competent courts and, if the law permits, before the courts within the jurisdiction of Marseille.

Whatever your possible problems, your questions, your advice needs before or after the sale, contact us by email (contact@jardinerieakou.com) or on 04 91 81 39 31 . We will answer you and offer you solutions to satisfy you as best as possible.