Terms of sale

PREAMBLE
The website https://www.bycharlot.live (hereinafter the "Website") is operated and published by the company BYCHARLOT, a SAS with share capital of 6,270 euros, registered with the Paris Trade and Companies Register (Registre du commerce et des sociétés) under number 834 642 530, with its registered office at 24 rue de Richelieu, 75001 Paris (hereinafter "BYCHARLOT SAS").

The Website is hosted by the company Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland.

These website terms of use (hereinafter the "Terms of Use") and general terms and conditions of sale (hereinafter the "Terms and Conditions of Sale") set out the rights and obligations of users of the Website (hereinafter the "User" or "Users") and of BYCHARLOT SAS's customers, defined as any legal entity or individual purchasing the products, including in particular potted plants and scented candles, offered for sale by BYCHARLOT SAS on its Website (hereinafter the "Products") and/or by its possible partners (hereinafter the "Customers" or the "Customer"), regardless of any contrary clauses that may appear in their own documents of any kind, over which these Terms shall prevail.

Any purchase made with BYCHARLOT SAS implies the Customer's full and unreserved acceptance of the Terms of Use of the Website and the Terms and Conditions of Sale, which are freely available for consultation on the Website and may be supplemented by special conditions of sale.

By placing a firm and final order for Products with BYCHARLOT SAS (hereinafter the "Order"), the Customer certifies that all information provided to BYCHARLOT SAS is true and accurate, and acknowledges having read the Terms of Use and the Terms and Conditions of Sale.

It is the Customer's responsibility to regularly check the most recent version of the Terms of Use and the Terms and Conditions of Sale on the Website, in particular to check whether any changes have been made.

If the Customer does not accept all or part of the Website's Terms of Use or the Terms and Conditions of Sale, they must not access the Website or place an order for the Products offered for sale on it.


I/ WEBSITE TERMS OF USE


Article 1 - Terms of Use of the Website

Access to the Website is reserved for any User who certifies that they are an adult with legal capacity in their country, state or province of residence, or that they have given their consent to allow any minor in their care to use the Website.
Browsing the Website is free of charge. Telecommunication costs incurred in accessing the internet and using the Website are borne by the User. There is no restriction on the time or duration of use of the Website.


Article 2 - Accuracy of information provided on the Website

All information and content (texts, descriptions, videos, sounds, photographs, etc.) published on the Website (hereinafter the "Content") is provided to Customers for information purposes only.

Should the Content prove inaccurate or out of date, BYCHARLOT SAS will make the necessary corrections as soon as possible.

As the Content published on the Website is provided for information purposes only, BYCHARLOT SAS cannot be held liable for any damage or harm suffered by the Customer or any third party that might result from its inaccuracy or obsolescence.


Article 3 - Hyperlinks

The Website may include hyperlinks that may redirect the User to third-party websites not affiliated with BYCHARLOT SAS. BYCHARLOT SAS is not required to examine or evaluate the content or accuracy of such websites and neither guarantees nor assumes any liability for any content, website, products, services or other items accessible via such hyperlinks and on such third-party websites.

BYCHARLOT SAS cannot be held liable for any damage or harm suffered by the User or any third party that might result from the use of hyperlinks or any other third-party item that may appear on the Website.


Article 4 - Personal data, compliance with applicable regulations

In connection with and for the purposes of supplying its Products, BYCHARLOT SAS is required to collect and process personal data as data controller.
In particular, to process their order, the Customer must provide BYCHARLOT SAS with a range of information, some of which may constitute personal data. This is collected in particular at the time of ordering.
BYCHARLOT SAS undertakes to use all means at its disposal to ensure the security and confidentiality of the personal data collected and, in particular, to:
- retain only the data actually required to carry out its tasks, - only authorise internal sharing of this data in the sole interest of the Customer,
- permanently delete all data collected and produced for the Customer, within a maximum period of 6 months following the order.

To ensure the overall security and confidentiality of data, BYCHARLOT SAS regularly updates its technical infrastructure and trains its teams to improve its practices and tools regarding data protection.

In accordance with the aforementioned regulations, the Customer may exercise their rights to information, access, objection, rectification, deletion and data portability by writing to BYCHARLOT SAS, 24 rue de Richelieu, 75001 Paris, or by email at: help@bycharlot.live

Information collected by BYCHARLOT SAS is neither resold nor disclosed to third parties, except with the Customer's prior consent. Any breach or violation of these Terms and Conditions of Sale and Use shall result in the immediate termination of your Services.


Article 5 - Cookies

The proper functioning of the Website and the services offered by BYCHARLOT SAS requires the installation of cookies on the User's computer upon connection, in order to record information relating to browsing (pages viewed, date and time of consultation, etc.) and their identity.

The cookies implemented by BYCHARLOT SAS are retained for a period of twelve (12) months. The User may object to the use of cookies by configuring their browser software. It is the User's responsibility to carry out this configuration, at the risk of experiencing difficulties connecting to or browsing the Website.

Article 6: Liability

6.1. BYCHARLOT SAS, which is bound by an obligation of means (obligation de moyens), undertakes to do everything possible to ensure access to and the proper functioning of its Website, in order to present and provide its Products on a continuous basis.

Since the functioning of the Website depends on numerous technical, technological and other factors, BYCHARLOT SAS cannot rule out the possibility that it may be interrupted, in particular in the event of force majeure, failure on the part of its hosting provider, malfunction of the User's IT equipment, internet network dysfunction, bugs or viruses, or maintenance operations intended to improve the Website.

BYCHARLOT SAS reserves the right to modify or temporarily suspend access to its Website, in particular for maintenance purposes, without prior notice or compensation, even though BYCHARLOT SAS will, where possible, inform the Client and the User prior to such action.

Similarly, BYCHARLOT SAS reserves the right to make any changes and improvements to the Website that it deems necessary or useful for the proper functioning of its services.

Without this list being exhaustive, BYCHARLOT SAS cannot be held liable, on any grounds whatsoever, for any direct or indirect loss or damage suffered or incurred by the Customer, the User or any third party, in particular as a result of constraints linked to the hosting provider, such as maintenance issues, affecting the accessibility of the Website, the use or inability to use the Website, the loss of data and/or customers, loss of earnings, damage to brand image or any other commercial or communication disruption, incorrect information, loss of use of any hardware or software, technical failures of the server hosting the Website, fraudulent behaviour or fault on the part of the Customer or the User, cancellation of payment or revocation of direct debit authorisation initiated by the Customer, malicious intervention, telephone or internet connection problems, viruses, bugs, hacking or computer piracy, compatibility issues with a particular configuration and/or hardware, delays in bringing content online, destruction of information provided by the Customer, software or hardware malfunctions, or failure or shortcomings on the part of its partners, and cannot be held liable for malfunctions linked to the use of third-party software.

In any event, the liability of BYCHARLOT SAS may only be engaged, except where the law specifies different arrangements, where the Client or User demonstrates a fault that was the direct and exclusive cause of the loss suffered and proven by the Client or User.

Where applicable, and failing which BYCHARLOT SAS may refuse to cover the loss regardless of its liability, the Client or User must, within 48 hours of becoming aware of the said loss, except in cases of fortuitous event or force majeure, notify BYCHARLOT SAS by registered letter addressed to its registered office at 24 rue de Richelieu, 75001 Paris, or by email to: help@bycharlot.live.  

In all cases, the maximum amount that BYCHARLOT SAS could owe on any basis whatsoever may not exceed the amounts guaranteed by its insurance policies.

6.2. When using the Website, the User shall take particular care to comply with national and EU Laws and Regulations, and shall use the Website strictly in accordance with its technical specifications.

The User is specifically prohibited from using the Website or its content: (a) for unlawful purposes; (b) to solicit others to perform or take part in unlawful acts; (c) to breach any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Service, any related website, other websites, or the Internet.

In all cases, the User undertakes to guarantee, indemnify and hold harmless BYCHARLOT SAS, without limitation of amount, against any claim or action by any natural or legal person against BYCHARLOT SAS, as well as against their direct or indirect, financial or non-financial consequences, which may result from the use of the Website and the services of BYCHARLOT SAS.

In the event of proven fraud in connection with the User's use of the Website, BYCHARLOT SAS reserves the right to disclose all necessary information to the competent bodies responsible for prosecuting such fraud and offences.

II/ GENERAL TERMS AND CONDITIONS OF SALE


Article 7 - Purpose and scope of application of the General Terms and Conditions of Sale

The General Terms and Conditions of Sale exclusively govern the sale of Products and, where applicable, services by BYCHARLOT SAS to its Customers who are consumers, and together with the Terms of Use, the Online Order and the order form for Customers who are legal persons, constitute the contractual documents binding upon the Parties, to the exclusion of all other documents, brochures, catalogues or photographs of Products, which are indicative only.

The Terms of Use and the General Terms and Conditions of Sale are attached to the order form (hereinafter the "Order Form").

Article 8 - Availability and enforceability of the Terms and Conditions of Sale

 
The Terms and Conditions of Sale are made available to Customers on the Website, where they can be consulted directly, and may also be provided to them upon simple request by post addressed to the registered office of BYCHARLOT SAS at 24 rue de Richelieu, 75001 Paris, or by email to: help@bycharlot.live.

The Terms and Conditions of Sale are enforceable against the Customer, who acknowledges, by ticking a box provided for this purpose on the Website, or by signing the Order Form for corporate Customers, having read and accepted them before placing an Order.

Confirmation of the Order by the Customer on the Website in accordance with the double-click process, or by the signature of the Order Form by the corporate Customer, constitutes the Customer's full and unreserved acceptance of the Terms and Conditions of Sale in force on the day of the Order, the retention and reproduction of which are ensured by BYCHARLOT SAS in accordance with Article 1127-2 of the French Civil Code (Code civil).

Article 9 - Products

9.1. Characteristics: The Products offered for sale on the Website are each accompanied by an optional description drawn up by BYCHARLOT SAS, mentioning their essential characteristics within the meaning of Article L. 111-1 of the French Consumer Code (Code de la consommation).

BYCHARLOT SAS uses its best endeavours to display the characteristics (colours, images, dimensions, etc.) of its Products on its Website as clearly as possible, but cannot guarantee their strict accuracy, in particular due to the Customer's computer equipment and the resulting display.

BYCHARLOT SAS reserves the right to modify or remove, at any time and without notice or prior information to the Customer, any Content published on its Website.

All Content, including in particular photographs, illustrating the Products is not contractually binding.

9.2. Instructions for use: The instructions for use of the Product, where this is an essential element, are stated on the Website or communicated to the Customer at the latest upon delivery.

9.3. Compliance: The Products comply with the legal requirements of French law in force relating to the safety and health of persons, fair commercial practices and consumer protection at the time they are placed on the market.

9.4. Stock availability: Products are offered and/or delivered by BYCHARLOT SAS subject to availability. If an ordered Product is unavailable, BYCHARLOT SAS shall immediately inform the Customer and may offer a Product of equivalent quality and price or, failing that, a voucher for the amount of the order, usable for any future order.

Should the Customer disagree, BYCHARLOT SAS shall refund the sums paid within two (2) months. Aside from the refund of the price of the unavailable Product, BYCHARLOT SAS shall not be liable for any cancellation compensation.

BYCHARLOT SAS reserves the right, without however being obliged to do so, to limit, on a case-by-case basis where necessary, sales of certain of its Products or services to any person, and in any geographical region or jurisdiction, as well as the quantities of its products or services.

Article 10 - Offer

10.1. Scope: The online sales offers presented on the Website are reserved for Customers residing in France and/or in a member country of the European Union, and for deliveries within these same geographical areas.

10.2. Duration: The online sales offers presented on the Website are valid, unless a specific duration is indicated, for as long as the Products appear on it, subject to available stock.

10.3. Conditions: Additional offers (gifts, discounts, etc.) do not apply to products already discounted.

10.4. Acceptance: Acceptance of the offer by the Customer is validated by confirmation of the Order online in accordance with the double-click process, or by signature of the Order Form by a corporate Customer.

 
Article 11 - Order

11.1. Accuracy of information: The Customer, who certifies that they are of legal age and capacity in their country, state or province of residence, or that they have given their consent to allow any minor in their care to use the Website, undertakes to provide BYCHARLOT SAS with all information necessary to benefit from the Products offered by BYCHARLOT SAS on its Website, in particular their surname and first name(s) or company name for legal entities, telephone details, email address and postal address, which must be accurate, complete, true and up to date.

Should the Customer provide false, inaccurate, outdated or incomplete information, BYCHARLOT SAS reserves the right to suspend the Order while it is being processed or to terminate it without delay or prior notice to the Customer.

11.2. Order steps for Customers who are private individuals: To place an order, the Customer, after providing the information relating to their identity, delivery and method of payment, and having filled their virtual basket by indicating the selected products and desired quantities, then double-clicks on the "Order" button to confirm their purchase.

Before clicking the "Confirm order" button, the Customer has the opportunity to check the details of their Order and its total price, and to return to previous pages to correct any errors or amend their order if necessary.

An email acknowledging receipt of the order and its payment is sent to the Customer by BYCHARLOT SAS as soon as possible.

 11.3.  Order steps for Customers who are legal entities: to place an order, a corporate Customer may visit the dedicated business page (https://bycharlot.live/pages/cadeau-entreprise) on the Website in order to fill in the contact form and be contacted by a BYCHARLOT SAS representative.

Following this discussion, during which the Customer will specify their requirements, BYCHARLOT SAS will send them a summary quote for the order, together with a Purchase Order containing a detailed description of the Products, their price including costs, delivery terms and timeframes, to which the Terms of Use and the General Terms and Conditions of Sale are attached.

BYCHARLOT SAS shall only be bound by the Order once the corporate Customer has signed the Purchase Order, the Terms of Use and the General Terms and Conditions of Sale, which must be returned to BYCHARLOT SAS by post to its registered office at 24 rue de Richelieu, 75001 Paris, or by email to help@bycharlot.live.    

11.4. Personalisation of the Product when Ordering: When placing an order, the Customer has the option of personalising certain Products according to the options offered by BYCHARLOT SAS, in accordance with and in compliance with its graphic charter.

The individual Customer may personalise their Product on the Website, which will display a visual of the personalised Product before the Order is confirmed.

BYCHARLOT SAS shall send the corporate Customer the visual of the personalised Product(s) before sending the Purchase Order.

11.5. Dimensions: BYCHARLOT SAS undertakes to comply, as far as possible, with the packaging and dimensions provided for guidance on the Website when the relevant Products are Ordered. As the potted plants or any other plants offered for sale are living items, they may present differences from one product to another within the same variety.

11.6. Confirmation and validation of the Order:  Confirmation of the Order by the Customer on the Website by way of the double-click process, or by signature of the Order Form by a corporate Customer, constitutes unqualified acceptance of the personalisation of the Product by the Customer.

By confirming the Order, the corporate Customer certifies that all information it has provided to BYCHARLOT SAS is accurate and genuine.

BYCHARLOT SAS reserves the right to refuse any Order for legitimate reasons, in particular if the quantities of Products ordered are abnormally high for Customers having the status of consumers.

In the event of established fraud (forgery, handling of stolen goods, etc.) or suspected fraud, BYCHARLOT SAS is authorised to pass on all necessary information to the competent bodies responsible for combating such fraud.

11.7. Amendment of the Order: Any amendment to the Order by the Customer after confirmation is subject to acceptance by BYCHARLOT SAS, which reserves the right to refuse the amendment requested by the Customer.

BYCHARLOT SAS reserves the right to make such modifications to the ordered Product as are linked to technical developments, under the conditions set out in Article R. 212-4 of the French Consumer Code (Code de la consommation).

Article 12 - Contract

12.1. Conclusion : The contract of sale is formed at the moment the Order is confirmed by the Customer (hereinafter the "Contract").

12.2. Archiving and proof : Communications and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1360 of the French Civil Code (Code civil). These communications and invoices may be produced as proof of the Contract.

12.3. Termination: The Order may be terminated by the Customer by registered letter with acknowledgement of receipt or by written notice on another durable medium in the event of:
- delivery of a Product that does not conform to the declared characteristics of the Product;
- delivery exceeding by more than 15 calendar days the delivery date provided for indicative purposes to the Customer when the Order was placed or, in the absence of such a date, within thirty days following the conclusion of the Contract, after BYCHARLOT SAS has been given formal notice to effect delivery within a reasonable additional period;
- a price increase that is not justified by a technical modification of the product imposed by the public authorities.

The Order may be terminated by BYCHARLOT SAS in the event of:
- the Customer's refusal to take delivery of the Product;
- non-payment of the price at the time of delivery of the Product.

Termination of the Order shall be pronounced by simple registered letter with acknowledgement of receipt or by electronic letter and shall take effect automatically by operation of law without judicial formality.

Article 13 - Price and invoicing

13.1. Sale price: In accordance with Article L. 112-1 of the French Consumer Code (Code de la consommation), sale prices are shown, for each Product listed on the Website, in euros, inclusive of all taxes, exclusive of delivery and transport charges, which are stated before the Order is confirmed and invoiced separately where applicable.

The total amount due from the Customer is shown on the Order confirmation page or on the Purchase Order for Customers who are legal entities.

In the event of a promotion, BYCHARLOT SAS undertakes to apply the promotional price to any Order placed during the promotional period and the duration of the relevant advertising.

13.2. Changes: BYCHARLOT SAS reserves the right to change its prices at any time, while guaranteeing the Customer the price in force on the day the Order is placed.

13.3. Charges: Additional transport, delivery or postage charges, of which the Customer has been made aware before placing the order, shall be borne by the Customer. Charges which cannot reasonably be calculated in advance shall likewise be payable.

13.4. Invoicing: BYCHARLOT SAS invoices are sent to the Customer by email in electronic format.  The Customer must therefore have access to the Internet and a valid email address. It is the Customer's responsibility to notify BYCHARLOT SAS of any change to their email details in order to receive their electronic invoice by email. The electronic invoice shall constitute the legal supporting document for the payment request issued by BYCHARLOT SAS.  The Customer may, upon request, opt for paper invoicing, which will be sent to them by post.

Article 14 - Payment

14.1. Due date: The price inclusive of all taxes, together with transport costs in particular, is payable in full upon confirmation of the Order.

With the exception of sums paid that are refunded in the event of unavailability of the ordered Product under the conditions set out in Article 9.4 of the General Terms and Conditions of Sale, any sum paid in advance of the price shall bear interest at the statutory rate upon expiry of a period of three months from the date of payment until delivery of the product or, failing that, until the sum paid on the Order is refunded.

For Clients who are private individuals, payment of the full price is made immediately upon Order by credit card via BYCHARLOT's secure online payment system, by direct debit, or by bank transfer.

For Clients who are legal entities, payment is made by credit card via BYCHARLOT's secure online payment system, by direct debit, or by bank transfer. The Client shall pay an initial deposit of 40% of the total price inclusive of all taxes, fees included, upon Order, with the balance of the price payable upon delivery of the Products.

The Client shall not use any complaint as grounds to delay payment for the product(s) ordered, or to claim compensation or indemnification, against BYCHARLOT SAS.

14.2. Additional payment: Prior to the conclusion of the Sales Contract, BYCHARLOT SAS ensures the Client's express consent for any additional payment over and above the price of the main subject of the contract. Where the additional payment results from consent given by the Client by default, that is to say in the absence of any express objection on their part to paid options which they did not request, the Client may claim reimbursement of the sums paid in respect of that additional payment.

14.3. Late payment: Any sum not paid by its due date shall automatically, without prior notice, bear late interest calculated at three times the legal interest rate on the outstanding price including all taxes, notwithstanding any payment deadlines or instalment plans that may have been granted to the Customer prior to the default.

14.4. Non-payment: Where the price is not paid in full by its due date, BYCHARLOT SAS reserves the right either to demand performance of the sale or to terminate the Contract by simple registered letter with acknowledgement of receipt, and to retain, by way of compensation, any deposit paid by the Customer when placing the Order.

14.5. Retention of title clause: BYCHARLOT SAS remains the owner of the Products sold until the price has been paid in full, and the Customer undertakes, for as long as ownership has not been transferred, to take all appropriate precautions to ensure the proper preservation of the products.

Article 15 - Delivery

15.1. Definition: Delivery means the transfer to the Customer of physical possession or control of the Product.

15.2. Delivery time: BYCHARLOT SAS will make every effort to meet the delivery times indicated at the time of the Order for each product, these being given for guidance only and without guarantee. This absence of guarantee is due in particular to the availability of BYCHARLOT SAS's teams and of the carriers responsible for delivering the Products.

Delays attributable to BYCHARLOT SAS, to the carrier responsible for delivery or to a third party can in no case justify the cancellation, modification or postponement of the order or of other already confirmed orders, nor give rise to any request for a price reduction, penalties or damages of any kind.

Any modification to an Order being processed may result in an extension of the delivery times.

15.3. Late delivery: Where the ordered product is not delivered within 15 days of the agreed delivery date or the expiry of the period stated at the time of the Order, the Customer may, after having unsuccessfully requested BYCHARLOT SAS to fulfil its delivery obligation within a reasonable additional period, terminate the contract by registered letter with acknowledgement of receipt or by written notice on another durable medium.

15.4. Delivery arrangements: Products are delivered to the address given by the Customer when placing the Order, or to a collection point.

By selecting the "click&collect" delivery option, the Customer may also collect their Products in-store. In this case, the Customer must collect them within fifteen days of being notified that the Products are available.

If the Products are not collected within this period, BYCHARLOT SAS may recover the Products, cancel the Order as a matter of right, and retain, by way of compensation, the sums paid by the Customer when placing the Order.

Where the Product is delivered to the address given by the Customer by a carrier, it is the Customer's responsibility to check the condition of the delivered Product in the presence of the delivery person and, in the event of damage or missing items, to note this on the delivery note or delivery receipt.

15.5. Product conformity: If the Product does not conform to the Order, the Customer must send a complaint to BYCHARLOT SAS in order to obtain replacement of the product or, where applicable, cancellation of the sale.

15.6. Failure to deliver: Total failure to deliver results in cancellation of the contract of sale as a matter of right and entitles the Customer to a refund of the sums paid, unless the failure to deliver results from their own actions.

15.7. Delivery and transfer of risk: The risk of loss or damage to the Products passes to the Customer when they, or a third party designated by them, take physical possession of the goods, regardless of their nature. The product, delivered to the Customer by a carrier according to the option chosen, travels at the Customer's risk from the moment the goods are handed over to the carrier.

15.8. Retention of title: Ownership of the Product transfers to the Customer upon full payment of the sale price and related costs.

Article 16: Statutory warranty of conformity and warranty against hidden defects

16.1. Customer information: All products supplied by BYCHARLOT SAS benefit from the statutory warranty of conformity set out in the French Consumer Code (Code de la consommation), Articles L. 217-4 et seq., and/or the warranty against hidden defects set out in the French Civil Code (Code civil), Articles 1641 et seq.

16.2. Enforcing the statutory warranty of conformity: Should the Customer wish to enforce the statutory warranty of non-conformity, they must send a letter to BYCHARLOT SAS at its registered office, 24 rue de Richelieu, 75001 Paris, or an email to help@bycharlot.live.   

When exercising the legal guarantee of conformity, the Customer:

- has a period of two years from delivery of the goods within which to act;
- may choose between repair or replacement of the goods, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code (Code de la consommation);
- is exempt from having to prove the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.

16.3. Implementation of the guarantee against hidden defects: The Customer may decide to implement the guarantee against hidden defects of the Product sold within the meaning of Article 1641 of the French Civil Code (Code civil). In this case, the Customer may choose between rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code (Code civil).

Article 17 - Clauses concerning guarantees

17.1. Exclusion clause: Clauses excluding or limiting the rights granted to Customers under the legal guarantees, which are deemed not written when agreed before any complaint by the Customer, are valid when agreed after a complaint, pursuant to Article L. 241-5 of the French Consumer Code (Code de la consommation).

17.2. Law applicable to guarantees: The French law applicable to the Contract cannot have the effect of depriving a Customer residing in another Member State of the protections afforded to them under their national law pursuant to the directive of 25 May 1999 concerning the sale and guarantees of consumer goods.

Article 18 - Commercial guarantee on plants

In accordance with Article L. 217-15 of the French Consumer Code (Code de la consommation), BYCHARLOT SAS guarantees the conformity of plants with their description on the Website and the absence of defects for a period of three (3) months from their delivery. The Customer understands that this guarantee applies only to the plants and not to the pots.

In the event of non-conformity or defects in the plant purchased by the Customer, BYCHARLOT SAS undertakes to replace it free of charge, subject to stock availability, and, where unavailable, to offer a plant from an equivalent range.

The replacement Plant shall be delivered in accordance with the terms set out in Article 15.4 of the General Terms and Conditions of Sale.

After the aforementioned three (3) month period and up to six (6) months from the Order, the Customer will also have the possibility of purchasing a "refill" plant from an equivalent range at a reduced price by using the promotional code provided upon request to BYCHARLOT SAS customer service, according to the rates in force at the time of the Order, and subject to stock availability.

Independently of the commercial guarantee, BYCHARLOT SAS remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 et seq. of the French Consumer Code (Code de la consommation) and by that relating to defects in the item sold, under the conditions set out in Articles 1641 to 1648 and 2232 of the French Civil Code (Code civil).

Article 19, Product safety defect

In the event of damage caused by a safety defect in the product, the Customer must seek the liability of the manufacturer identifiable from the information shown on the Product's packaging.

Article 20, Penalty clause

In all cases of non-performance of its obligations by the Customer, all sums paid with the order shall remain the property of BYCHARLOT SAS as compensation.

Article 21, Liability

BYCHARLOT SAS cannot be held liable in the event of non-performance or improper performance of the Contract due either to the Customer's own act, or to the insurmountable and unforeseeable act of a third party to the Contract, or to force majeure.

BYCHARLOT SAS cannot be held liable for the non-conformity of the Products with the legislation of the Customer's country, it being the Customer's responsibility to verify that the product is not prohibited from sale in their country.

The Customer alone assumes the risks and perils resulting from the use of Products ordered on the Website and bears full responsibility for them.

BYCHARLOT SAS cannot be held liable for any damage or harm suffered by the Customer or any third party that might result from the use of Products ordered on the Website.

Consequently, the Customer undertakes to guarantee, indemnify and hold harmless BYCHARLOT SAS, without limitation of amount, against any claim or action by any natural or legal person against BYCHARLOT SAS, as well as against their direct or indirect, financial or non-financial consequences, arising from the use of Products ordered on the Website and, more generally, arising from the Customer's failure to comply with the obligations incumbent upon them, notably under the Terms and Conditions of Sale or the Terms of Use of the Website.

Article 22 - Right of withdrawal

22.1. Application of the right of withdrawal (except for goods liable to deteriorate or expire rapidly, such as plants): Where the Customer is a consumer within the meaning of consumer law, they have a period of 14 days from receipt of the purchased product to exercise their right of withdrawal in accordance with the French Consumer Code (Code de la consommation), Article L.221-18.

To exercise their right of withdrawal, the Customer must send BYCHARLOT SAS a letter addressed to its registered office at 24 rue de Richelieu, 75001 Paris, or an email to help@bycharlot.live stating their decision to withdraw from the Contract by means of an unambiguous statement. The Customer may use the withdrawal form template, downloadable here.

From the date on which the Client communicates the decision to withdraw, the Client has 14 days to return the Products, at their own expense, together with the corresponding invoice and the duly completed and signed withdrawal form. Only products returned in new and complete condition (with instructions and accessories, where applicable) in their original packaging will be accepted. For the return of any product that is not suitable, the Client shall choose the carrier of their choice and shall be responsible for the packaging and protective measures necessary for the parcel's transport, in order to avoid any risk of damage. To this end, it is essential that the Client keep the Products to be returned in their original packaging and in the condition in which they were delivered.

Any request for a refund can only be considered once the returned Products have been received by BYCHARLOT SAS and provided they are in good condition. Products returned incomplete, damaged, soiled by the Client, or falling within the cases where the right of withdrawal does not apply, cannot be the subject of a right of return.

Any return must first be notified to BYCHARLOT SAS by letter addressed to its registered office at 24 rue de Richelieu, 75001 Paris, or by email to help@bycharlot.live.

22.2. Refund: Once the Product has been returned and deemed compliant by BYCHARLOT SAS, the refund will be made within a maximum of 14 days, less any applicable transport and insurance costs, following the first of these events (Article L.121-24 of the French Consumer Code (Code de la consommation)):
- The return of the parcel to its original place of dispatch
- The Client's provision of proof of return shipment: carrier name, tracking number and confirmation that the parcel has been taken in charge by the carrier.

The method of refund will be the same as the payment method used for the order concerned. The refund will be made within 14 days

The Client may also choose to retain the value of their order as a credit note, simply by requesting this from Customer Service.

22.3. Non-application of the right of withdrawal: The right of withdrawal cannot be exercised in the following cases, in particular (Article L.121-21-8 of the French Consumer Code (Code de la consommation)):

- Goods liable to deteriorate or expire rapidly (flowers, plants, food products, etc.)
- Goods made to the Client's specifications or clearly personalised

Article 23 : Optional tools and services

BYCHARLOT SAS may provide, via its Website, access to tools, products or services of third parties over which BYCHARLOT SAS exercises neither monitoring nor control, and for which the Client alone assumes the risks arising from their use.

 

BYCHARLOT SAS cannot be held liable for any damage or loss suffered by the Client or any third party that may result from the Client's use of third-party tools or services.

As BYCHARLOT SAS is not a party, in any capacity whatsoever, to the relationship between the Client and any third party, the latter are solely responsible for any difficulties, claims and disputes that may arise between them.

Accordingly, the Client undertakes to guarantee, indemnify and hold harmless BYCHARLOT SAS, without limitation of amount, against any claim or action by any individual or legal entity against BYCHARLOT SAS, as well as the direct or indirect consequences thereof, whether financial or otherwise, arising from the Client's use of third-party tools or services.

Article 24: Comments, suggestions and other proposals from users of the Website and from Clients

If the User of the Website or the Customer submits specific content to BYCHARLOT SAS, including, without limitation, creative ideas, sounds, videos, photographs, suggestions, proposals, plans or other materials, whether online, by email or by post (hereinafter the "Comments"), the User of the Website or the Customer authorises BYCHARLOT SAS, at any time, without financial consideration or restriction, to exploit their Comments, to modify, edit, copy, publish, distribute, translate and use them in any media.

The User of the Website and the Customer shall ensure that their Comments do not infringe the rights of third parties and do not contravene applicable Laws and Regulations, whether national, European Union or international in scope, nor Public Order or accepted standards of decency.

In particular, the User of the Website and the Customer undertake not to reproduce in their Comments any protected works (texts, photographs, videos, sounds, etc.) without holding authorisation to do so from their authors or from the holders of rights relating to such works.

The user of the Website and the Customer shall refrain in particular from any Comments of an unlawful, pornographic or xenophobic nature, any racist content, or any content involving proselytising on behalf of sectarian movements as denounced in the parliamentary report "les sectes en France" (cults in France), or considered by State services to represent a sectarian risk, this list not being exhaustive. 

Although BYCHARLOT SAS has no obligation to moderate content, BYCHARLOT SAS nonetheless reserves the right to remove, without notice or prior information, any Comment that breaches its Terms and Conditions of Sale and/or its Website Terms of Use.

BYCHARLOT SAS cannot be held liable for any loss or damage arising from Comments made by the user of the Website and the Customer, who undertake to guarantee, indemnify and hold harmless BYCHARLOT SAS, without limit as to amount, against any claim or action brought by any natural or legal person against BYCHARLOT SAS, as well as against any direct or indirect consequences thereof, whether financial or otherwise, resulting from their Comments and their possible publication on the Website or on any other medium.

Article 25: Intellectual Property

All elements of the Website, whether visual or audio, trademarks, logos, graphic designs, photographs, animations, videos, texts or any other published content, including its structure and architecture, as well as the databases and the technology comprising it or enabling its operation and/or use, are the exclusive property of BYCHARLOT SAS or are licensed to it for use, and benefit from the protection of the French Intellectual Property Code (Code de la propriété intellectuelle).

Any full or partial reproduction of the Website is expressly prohibited by Articles L. 342-1 and L. 342-2 of the French Intellectual Property Code.

Use of the content of this site for commercial purposes is expressly prohibited.

As all Products are protected by copyright, trademark law and patent law, they may not be reproduced, copied, misappropriated, used, marketed or represented without the express prior authorisation of BYCHARLOT SAS, and any reproduction, use or distribution of these elements, without prior written authorisation, exposes offenders to legal proceedings.

 
Article 26, Subcontracting and Assignment of the Contract

BYCHARLOT SAS reserves the right to subcontract all or part of its obligations arising from the Contract to any third party of its choice, without the Customer being entitled to object.

BYCHARLOT SAS reserves the right to assign, transfer or contribute to a third party, in any form whatsoever, all or part of its rights and obligations arising from the Contract binding it to the Customer. The Customer hereby accepts such substitution in advance.

III/ PROVISIONS COMMON TO THE GENERAL TERMS AND CONDITIONS OF SALE AND THE TERMS OF USE OF THE WEBSITE

 

Article 27, Force majeure

BYCHARLOT SAS's obligations shall be suspended in the event of any occurrence beyond its control which prevents or delays the performance of its obligations, deemed equivalent to force majeure.

BYCHARLOT SAS shall not be liable for the total or partial non-performance of its obligations if such non-performance is caused by an event constituting force majeure, that is to say, unforeseeable, irresistible and beyond the control of the parties.

Interruptions, breakdowns, sabotage of telecommunications facilities, fires, floods, wars, strikes, lock-outs, epidemics, health crises and delays in suppliers' deliveries shall be deemed cases of force majeure, even where they are only partial and whatever their cause, which the Customer expressly accepts.

BYCHARLOT SAS shall accordingly be released from its obligations for the entire duration of the event.

Where applicable, BYCHARLOT SAS shall inform the Customer by email no later than 7 working days from the occurrence of the said force majeure event and shall indicate the foreseeable duration and consequences, and shall do everything possible to limit its impact.

Performance of obligations shall resume its normal course as soon as the event constituting force majeure has ceased. Beyond a period of one (1) month of suspension due to force majeure, BYCHARLOT SAS shall be definitively released from its obligations and exonerated from any liability resulting from the force majeure thus suffered.

 

Article 28 - Amendment of the Terms and Conditions of Sale and the Terms of Use of the Website

BYCHARLOT SAS reserves the right to amend all or part of the Content published on its Website, its Terms and Conditions of Sale and its Terms of Use of its Website, which the Customer hereby accepts.

Article 29 - Waiver

It is expressly agreed that any tolerance or waiver by BYCHARLOT SAS in applying all or part of the commitments provided for in the Contract and its Terms and Conditions of Sale and Terms of Use of its Website, regardless of how frequently or for how long this may have occurred, shall not constitute an amendment, nor give rise to any right whatsoever.

 

Article 30 - Partial invalidity and nullity

The nullity or unenforceability of any one of the provisions of the General Terms and Conditions of Sale or the Terms of Use of BYCHARLOT SAS shall not render the other provisions null and void, and such other provisions shall retain their full force and effect.

In the event that one or more provisions of the General Terms and Conditions of Sale or the Terms of Use of BYCHARLOT SAS are declared null and void or unenforceable pursuant to a law, a regulation, or further to a final court decision, the other provisions of the said Terms shall continue to apply under the same terms and conditions.

 

Article 31 - Language, applicable law and competent jurisdiction

The Terms of Use of the Website, the General Terms and Conditions of Sale, and all contractual information mentioned on the Website are drafted in the French language.

The Contract, the General Terms and Conditions of Sale, and the Terms of Use of the Website are governed by French law.

For any dispute between the Parties, exclusive jurisdiction is granted to the Commercial Court of Pontoise (95) (Tribunal de Commerce de Pontoise), which shall have sole jurisdiction regardless of the cause, nature or place of the dispute, even in the case of third-party proceedings or multiple defendants.

The competent court shall be that of the place of domicile of BYCHARLOT SAS, regardless of the cause, nature or place of the dispute, including in cases of third-party warranty claims or multiple defendants.

Article 32: Entire Agreement

The General Terms and Conditions of Sale and the Terms of Use of the Website, any specific terms or any other contractual document published by BYCHARLOT SAS on its Website constitute the entire Agreement between BYCHARLOT SAS and the Customer.