These General Terms and Conditions of Sale govern the commercial relations between Ferme de Sainte Marthe, a simplified joint-stock company registered with the RCS of ANGERS under number 341 759 330, whose registered office is located at 3 route de la Plotinière – BRAIN-SUR-L'AUTHION – 49800 LOIRE-AUTHION (hereinafter referred to as “the seller” and “Ferme de Sainte Marthe”), and the non-professional buyer making a purchase on the website www.fermedesaintemarthe.com (hereinafter referred to as “the buyer” and “the consumer”). Placing an order implies the buyer’s full and unreserved acceptance of these General Terms and Conditions of Sale and the prices appearing on the website, which he declares to have fully read beforehand.

1. Order

The buyer can place an order using the method of their choice from among the following: l On the internet, on the website www.fermesaintemarthe.com l By telephone, by contacting customer service at 02 41 44 11 77 from Monday to Friday from 9:00 a.m. to 5:00 p.m. (non-premium rate call) l By mail, by returning the order form in the catalog to the following address: FERME DE SAINTE MARTHE - 3 route de la Plotinière - BRAIN-SUR-L'AUTHION - 49800 LOIRE-AUTHION - FRANCE The information provided by the buyer when placing the order is binding. In the event of an error or incomplete information in the recipient's contact details, the seller cannot be held responsible for the impossibility of delivering within the timeframe indicated when ordering.

2. Price

Prices are indicated in euros and include all taxes (TTC), excluding participation in processing and shipping costs. The seller reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the rates in effect at the time of registration of orders subject to availability on this date and their effective payment. The seller may offer its customers occasional promotions. Promotions are offered on fixed dates and on limited stocks.

3. Payment terms

Payment is made when ordering. Orders shipped outside of France can only be paid for by credit card or bank transfer. The products remain the property of the seller until full payment has been received. By credit card: A simple, fast, and secure way to pay for purchases made by phone or online with the bank via the Hipay platform. The buyer must provide their card number, expiration date, and the three digits on the back of their valid bank card. To secure the payment, either a confirmation code is sent by your bank via SMS, or validation on the bank's application is requested. The seller does not store the buyer's banking information. By check: Made out and signed to Ferme de Sainte Marthe.
By bank transfer and RIB: For all transactions, you must be vigilant about the information related to beneficiaries and transfers. This will allow us to link your payment to your order. Only specify your LAST and FIRST NAME.
The Farm's bank details will be sent to you upon validation of your payment method. Credits and refunds: Credits are valid for 12 months from their issue date. To use them on the website, log in to your customer account and click on "amount to use" when paying for your basket. Credits can also be used for orders placed by telephone or by mail, by indicating the credit balance on the order form and subtracting it from the payment. The credit shown by gift vouchers does not generate interest and cannot be refunded.

4. Invoice

To reduce its environmental impact, Ferme de Sainte Marthe favors digital invoicing. Invoices can be downloaded and printed from your customer account under "My orders and invoices" > click on the order in question, then "download invoice." If you do not have a customer account on the website, you can request an invoice by email to accueil@fermedesaintemarthe.com or by phone.

5. Acceptance of order

Any special arrangement or condition of the buyer that does not comply with these conditions is only binding on the seller if the seller has previously accepted it in writing. Unless otherwise instructed in writing by the buyer, the seller reserves the right to replace the missing items with items of at least equal value and the same price. If replacement is not possible, the balance will be credited to the customer's account. The buyer will be reimbursed for the price of the item ordered upon request.

6. Modification or cancellation of order

Working on a just-in-time basis, an order placed and paid for on our site is likely to be in the process of being prepared or even shipped. Unfortunately, it is not possible to modify a paid order. To cancel an order before it is shipped, please contact our customer service by phone.

7. Delivery

Shipments take place all year round, unless otherwise stated in the catalog, in the order of receipt and within the limits of available stocks. When the order includes plants of different varieties whose availability is not the same, the order will be sent in several packages on separate dates. Company closure: The company is closed for annual leave between Christmas and New Year. Orders cannot therefore be shipped and the telephone switchboard cannot be operated during this period. The e-commerce site remains open. Shipping costs:
For France and Belgium :
Packaging and shipping costs: €6.90. Additional contribution if the order contains at least one fruit tree: €4.00
For international (excluding mainland France and Belgium) :
La Ferme de Sainte Marthe does not deliver to the French overseas departments and territories.
No delivery of plants, young plants, small fruits, fruit trees, rose bushes, postcards for integrated pest management in Corsica or in zones 1, 2 and 3 and outside Europe.
Packages are shipped to the countries below by tracked Colissimo with signature Europe:
Zone 1: Germany, Netherlands, Luxembourg: €10.90
Zone 2: Ireland, Italy, Spain, Portugal, Switzerland, Austria: €20.00
Zone 3: Denmark, Hungary, Poland, Czech Republic, Slovakia, Slovenia, Estonia, Latvia, Lithuania, Sweden: €25.00Delivery times:Delivery times observed for available items are 5 to 7 working days from receipt of payment. A tracking number for the package is sent to the buyer by email.The details given regarding delivery times are only indicative. No refusal of shipment is accepted for early or late delivery.Packages are most often shipped by colissimo tracked without signature 48h by La Poste.In case of absence, the package is placed in the mailbox if it complies with postal service standards, except for bulky packages. In this case, a delivery notice will be left and will indicate the procedure to follow. In the interest of the buyer, shipments may be delayed compared to the date indicated when ordering depending on weather conditions or information on disruptions on the postal network. For large packages or packages over 20 kg, delivery by private carrier will be organized. The latter will contact the buyer directly by telephone to schedule delivery. If the package has not been delivered due to an input error attributable to the buyer, once the package has been returned to Ferme de Sainte Marthe, the latter will organize a new shipment to the corrected address. This second shipment is then at the expense of the buyer, who is responsible for the input error in the delivery address.

8. Collection of orders on site

Orders can be collected by the buyer at our premises at 3 route de la Plotinière, Brain sur l'Authion, LOIRE AUTHION, on Friday afternoons from 2:00 p.m. to 5:00 p.m. Please contact us at 02 41 44 11 77 from Monday to Friday to make an appointment for collection.

9. Guarantees

The seeds and plants sold are produced by specialists and in conditions that best ensure their recovery or performance in your garden. Due to external factors (weather, soil quality, watering frequency, etc.) that may affect the plants sold, the seller is not responsible for their flowering or recovery. Legal guarantee of conformity In accordance with the provisions of Articles L.217-4 et seq. of the Consumer Code, the seller is required to respond to any lack of conformity of a product existing at the time of its delivery. This legal guarantee applies independently of any commercial guarantee that may have been subscribed to and for a period of two years from receipt of the product.Article L.217-5 of the Consumer Code:The good conforms to the contract:1° If it is suitable for the use usually expected of a similar good and, where applicable:- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.The buyer benefits from a presumption of non-conformity which it is up to the seller to combat by demonstrating that he does not This is not a lack of conformity already existing at the time of purchase but rather a misuse, handling or lack of maintenance on the part of the buyer. In the event of a proven lack of conformity, the seller will offer the buyer a replacement or refund of the product. Legal guarantee of hidden defects In accordance with the legal provisions of articles 1641 to 1649 of the Civil Code, the seller is required to respond to hidden defects for a period of two years from the discovery of the defect. In the event of implementation of one of the legal guarantees involving a product return, the seller will reimburse the return costs to the buyer. Proof of the amount of these costs will be required. The buyer is invited to contact the seller to organize the return according to the specificities of the product.

10. Disputes

All disputes are subject to French law. In all cases, a complaint must be sent to the seller within 5 days of receiving the package. All complaints must be sent via the contact form by choosing "complaint" in the relevant request. No disputes will be handled by telephone. For any complaints concerning plants, the buyer must attach to his complaint photographs of the package received and the plants attesting to their condition and allowing the seller to make observations. He must specify the batch numbers written on the bags in question and proof of purchase. If the complaint concerns the germination of the seeds, details of the growing conditions and photos of the package received and the products are also desired for a better analysis of the problem. No return of goods will be accepted without authorization. Damaged packages In the event of damage to the package, the buyer must inform customer service via the contact form by choosing "complaint" in the relevant request within 5 working days of receipt of the said package. Packages delivered by post: file a complaint with the post office. Packages delivered by private carrier: indicate the reservations on the transport slip.

11. Intellectual property rights

In accordance with national and international legal provisions regarding intellectual property and copyright protection, any reproduction in any form whatsoever of the data, presentation or works present on the site and in the seller's catalog is prohibited without prior, express and written authorization from Ferme de Sainte Marthe.

12. Right of withdrawal

In accordance with the provisions of Articles L.221-18 et seq. of the French Consumer Code, the buyer, a non-professional individual, has a withdrawal period of 14 days from receipt of the order. During this period, the buyer may withdraw without giving a reason. The buyer will have to bear the return costs. This right of withdrawal cannot be exercised in particular when it concerns: - goods likely to deteriorate or expire quickly, such as plants subject to special maintenance and/or transport requirements due to their fragility, and in particular fruit trees, young plants, plants, bulbs, mushroom kits or insect larvae, without this list being exhaustive; - goods opened after delivery and which cannot be returned for reasons of hygiene or health protection, such as cosmetic products, food products and food supplements, without this list being exhaustive; - goods inseparable from other items; - goods made according to the buyer's specifications or clearly personalized. The buyer is invited to make known his wish to exercise his right of withdrawal by sending by registered letter with acknowledgment of receipt or via the contact form the withdrawal form downloadable by clicking here . Any unpacked, damaged or incomplete product cannot be returned under the right of withdrawal. The buyer must return the goods to the seller no later than 14 days from the communication of his intention to withdraw. The seller will refund returned products on request only, with the exception of return costs which remain the responsibility of the buyer. The refund will be made using the same means of payment as that initially used by the buyer, unless the buyer expressly agrees to use another means of payment and provided that the refund does not incur additional costs.

13. Personal information

La Ferme de Sainte Marthe may collect and process the buyer's personal data in order to ensure proper management of orders, deliveries and invoices. La Ferme de Sainte Marthe reserves the right to use the data transmitted by the customer for commercial purposes if the customer accepts this when registering their personal data. In accordance with Law No. 78/17 of January 6, 1978 relating to information technology, files and freedoms and the General Data Protection Regulation (GDPR) of April 27, 2016 (EU/2016/679), the customer has the right to access, modify, rectify and delete data concerning them. To exercise this right, the customer can either send an email to dpo@fermedesaintemarthe.com, or send a letter by post to the customer service of Ferme de Sainte Marthe - BP 70404 - 49004 ANGERS cedex 01 - France. All buyers are invited to consult the Confidentiality Policy of Ferme de Sainte Marthe (available by clicking here) detailing the conditions and terms of these treatments.

14. Mediation

In accordance with Articles L.611-1 to L.616-3 of the French Consumer Code, every consumer has the right to use a consumer mediator free of charge with a view to the amicable resolution of a dispute between them and the seller. In accordance with Article 14.1 of EU Regulation No. 524/2013 on online dispute resolution for consumer disputes, the buyer is invited to connect to the online dispute resolution platform via the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR. Last update of the T&Cs: September 2021

Legal notices

In accordance with Law 2000-719 of 1 August 2000 on freedom of communication, amending Law 86-1067 of 30 September 1986 on freedom of communication, you will find below the legal information concerning this site:

Editorial management

The editorial management of the website www.fermedesaintemarthe.com is provided by: La FERME DE SAINTE MARTHE | 3 route de la Plotinière - Brain-sur-l'Authion 49800 LOIRE-AUTHION | tel: 02 41 44 11 77 | SAS with capital of 81,855 Euros | RCS ANGERS 341 759 330 | Intra-community VAT number: FR 303 417 593 30 Exclusive mail order sales, no store or exhibition garden.

Publication Management

Arnaud DARSONVAL and Dominique VELÉ

Creation and hosting of the site

OCTAVE | Espace Patton, 355, avenue du général Patton 49066 ANGERS Cedex 1 | SIRET: 410 081 061 000 47 | SAS with capital of 70,000 Euros | RCS ANGERS 410 081 061 | Intra-community VAT number: FR 52 410 081 061

Protection of personal data

In accordance with the Data Protection Act of 6 January 1978 (art. 34), you have the right to access, rectify or delete any personal data we may collect from Ferme de Sainte-Marthe (data provided by you). You may refuse to receive the SARL Ferme de Sainte Marthe newsletter, which will be sent to you after your first order, by clicking on the link at the bottom of this newsletter or by going to the following address: dpo@fermedesaintemarthe.com

Brands

All brands cited or used on the Ferme de Sainte-Marthe website are the property of their respective publishers.

Copyright

This entire site is subject to French and international copyright and intellectual property law. All reproduction rights are reserved, including for downloadable documents and iconographic and photographic representations. Reproduction of all or part of this site on any medium whatsoever is strictly prohibited without the express authorization of Ferme de Sainte-Marthe. Despite all the care taken in creating this site and its regular updating, errors may have crept into the information and/or documents presented. If you notice any, please do not hesitate to let us know by contacting Ferme de Sainte-Marthe, and we will make the appropriate corrections.

Links

Any link to the Ferme de Sainte-Marthe website must be authorized in advance in writing. Ferme de Sainte-Marthe declines all responsibility for the content of sites linked to the Ferme de Sainte-Marthe website, and more generally for these links.

Sale of phytosanitary products

La Ferme de Sainte Marthe does not sell phytosanitary products.