Last updated: February 14, 2026

For the purposes of these General Terms and Conditions of Sale, the Buyer and SAS LES GUILLEMARDS are individually or collectively referred to as the Party or Parties.

Article 1 - Purpose

These General Terms and Conditions of Sale (hereinafter "GTC") aim, on the one hand, to inform any potential Buyer about the conditions and terms under which the seller (hereinafter "SAS LES GUILLEMARDS" or "the Seller" or "the Company") proceeds with the sale and delivery of ordered products and, on the other hand, to define the rights and obligations of the Parties within the framework of the sale of products by SAS LES GUILLEMARDS to the consumer (hereinafter "the Buyer" or "the Client"). They apply, without restriction or reservation, to all sales of products offered by SAS LES GUILLEMARDS on its website www.lejardinspa.fr (hereinafter the "Site" or "the Website").

Consequently, the fact that the Buyer orders a product offered for sale on the SAS LES GUILLEMARDS Website implies full and complete acceptance of these General Terms and Conditions of Sale, which the Buyer acknowledges having read prior to placing their Order.

SAS LES GUILLEMARDS reserves the right to modify these General Terms and Conditions of Sale at any time. Nevertheless, the General Terms and Conditions of Sale applicable to the Order are those accepted by the Buyer at the time the Order is placed.

Article 2 - Company Identity

Name: SAS LES GUILLEMARDS

Address: Les Guillemards

Postal Code: 45320

City: ST-HILAIRE-LES-ANDRESIS

Siren: 381 635 770 00021

Phone: 02.38.97.42.67

Email: contact@lejardinspa.fr

Article 3 - Access to Service

The Site is generally accessible by the Subscriber 24/7, continuously, except in case of voluntary or involuntary interruption, particularly for maintenance needs or force majeure. The Company, by its activity, is bound by an obligation of means, and therefore cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.

Article 4 - Newsletter Subscription

By accepting these General Terms and Conditions of Sale during a purchase, the Client authorizes the Company to send emails to the address provided during their purchase. Unsubscribing from the newsletter is possible at any time by simply sending a request to contact@lejardinspa.fr

Article 5 - Client Account Deactivation

In case of non-compliance with the obligations arising from the acceptance of these General Terms and Conditions of Sale, payment incidents for an Order, provision of erroneous information during account creation, or acts likely to harm the interests of the Company, the Seller reserves the right to suspend access to the Le Jardin Spa service or, depending on the seriousness of the acts, to terminate the Client's account. The Company also reserves the right to refuse to contract with a Client who has been excluded or penalized for such actions.

Article 6 - Proof

The Client acknowledges the validity and probative force of the electronic exchanges and records kept by the Company and accepts that these elements have the same probative force as a handwritten signed document by virtue of Law n°2000-230 of March 13, 2000, adapting the law of proof to information technology relating to electronic signatures.

Article 7 - Orders

When browsing the Site, the Client can add Products and Services to their cart. They can then access their cart summary to confirm the Products and Services they wish to order by clicking on the "view cart" button and place their Order by clicking on the "validate order" button. Registration on the Site is mandatory to place an Order.

The Client must provide an address, a delivery method, and a valid payment method to finalize the Order and form the sales contract between them and the Company.
Any Order implies the unreserved acceptance of these General Terms and Conditions of Sale, the prices of the Products, Vouchers, "Spa gift cards" and services sold, the volumes and quantities of Products, Vouchers, "Spa gift cards" and services, as well as the payment terms indicated on the Site. The Seller cannot be held responsible for errors in the information entered by the Client, nor for their possible consequences in terms of delay or delivery error.

Contractual information is confirmed by email at the latest when the Order is validated by the Client.

The Client has the possibility to check the details of their Order, its total price, and correct any errors before confirming their acceptance. This validation implies acceptance of all of these GTC and constitutes proof of the sales contract.

Once the Order is placed, the User will receive confirmation by email. This confirmation will summarize the Order as well as relevant delivery information.

Placing an Order constitutes the conclusion of a distance selling contract between the Seller and the Client. The sale will only be considered final after the Seller sends the Client confirmation of the acceptance of the Order by email and after full payment of the due price has been received by the Seller.

The Seller reserves the right to suspend, cancel, or refuse any Order from a Client, regardless of its nature and stage of execution, in case of non-payment or partial payment of any amount due by the Client, in case of a payment incident, or in case of fraud or attempted fraud related to the use of the Site or with which there is a dispute related to the payment of a previous Order.

Article 9 - Products, Prices, and Delivery Costs

9.1 Prices

The selling prices of products and services online on the Website, indicated in euros, are those in effect at the time the Order is placed by the Buyer, subject to the availability of said products. The selling prices of products and services may be modified by SAS LES GUILLEMARDS at any time. This modification will be communicated to the Buyer before any Order. Products and services will be invoiced to the Client based on the rates in effect at the time the order is validated.

Prices include value-added tax (VAT) applicable on the day of the Order. Any change in the applicable VAT rate will automatically be reflected in the price of products and services sold by SAS LES GUILLEMARDS on its Website.

The indicated prices do not include delivery costs, which will be invoiced additionally, under the conditions indicated on the site and calculated based on the order amount and destination, and indicated prior to placing the order and detailed, if applicable, in the summary before placing the order. The payment requested from the client corresponds to the total amount of the purchase, including these fees. An invoice will be provided to the client upon first request sent to contact@lejardinspa.fr.

9.2 Characteristics of Products and Services

In accordance with Article L. 111-1 of the Consumer Code, the Buyer may, prior to placing an Order, familiarize themselves with the essential characteristics of the Product(s) and Service(s) they wish to order on the Website. The Products and Services are described on the corresponding page within the site, and all their essential characteristics are mentioned. The sale operates within the limits of the company's available stock. The latter cannot be held responsible for stock shortages or the impossibility of selling a Product or Service for which there is no stock. The photographs and graphics presented on the site are not contractual and cannot engage the seller's responsibility.

9.3 Delivery Conditions

A period of 48 to 72 hours (excluding weekends, public holidays, vacation periods or trade shows, force majeure) is required to prepare your order. A period of 48 to 72 hours (excluding weekends, public holidays, vacation periods or trade shows, force majeure) is also required to deliver your order to your home in Metropolitan France; the delivery time may vary depending on the country or chosen carrier. These times are given as an indication.

Your package will be delivered by Colissimo tracking service via La Poste, to the address indicated by the Client when placing the Order.

Delivery is constituted by the transfer to the Client of physical possession or control of the Product.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Client as quickly as possible, these deadlines being given as an indication. However, and in accordance with the provisions of Article L 121.20.3, if the ordered Products have not been delivered within thirty (30) days from the placing of the Order, for any cause other than force majeure or the Client's actions, the sale may be canceled upon the Client's written request under the conditions provided for in Articles L.216-3 and L.241-4 of the Consumer Code. The sums paid by the Client will then be reimbursed to them at the latest within fourteen (14) days following the date of termination of the contract, excluding any compensation or deduction.

The Company cannot be held liable for delivery delays linked to La Poste and the consequences that may arise therefrom.

In case of delivery delay, the Client must notify the Company in writing (mail, email) to allow the Seller to conduct an inquiry with La Poste. An inquiry with La Poste can last up to 21 working days. If during this period, the Products are found, they will be immediately re-routed to the delivery address specified in the order form. However, if the Products are not found after this 21-day inquiry period, the Company will proceed with a new shipment of the Products at its own expense.

In the event that the package is returned to the Company, a second delivery will be made at the Client's expense. If the package is again returned to the sender, there will be no new shipment and the additional costs will be deemed acquired by the Company.

Pay close attention when entering your delivery address. Don't forget to include your phone number (it will not be disclosed) but remains important for quickly reaching you. Provide your full address: street number, building, staircase, door code if necessary, etc. If you have any issue whatsoever with the delivery, please contact SAS LES GUILLEMARDS as soon as possible at +33 (0)2 38 97 42 67.

Non-collection of a package at a relay point

If the customer chooses the relay point delivery method but is unable to collect their order within the allotted time, the order will be returned to us. The order can then be:

• either re-shipped upon full payment of the re-shipping costs. Transport costs are calculated by La Poste based on the weight of the package (justification can be provided upon request by the company before shipment). The new quote mentioning the re-shipping costs is sent to the customer and subject to acceptance. Acceptance of the quote must be made by email to contact@lejardinspa.fr. Payment of transport costs must be made before shipment of the package and will be either by bank transfer or by check.
• or canceled, which will result in a refund of the order. All shipping costs charged by La Poste when sending the package (justification can be provided upon request by the company) as well as order preparation fees of €3 will be deducted from the refund amount.

9.4 Purchase Vouchers and "Spa Gift Cards"

Purchase vouchers and "spa gift cards" are valid for one (1) year from their date of purchase. Upon expiration of this period, they will be permanently lost to the Client and cannot be subject to any refund from the Seller at any time whatsoever.

Purchase vouchers and "spa gift cards" are available for purchase on the Seller's website (https://lejardinspa.fr/offrir-une-carte-cadeau/) or at the store located at the following address: 1170 Route des Guillemards - 45320 Saint Hilaire les Andrésis. They can be used by the Client exclusively on products and services offered on the website https://lejardinspa.fr/ or at the store located at the following address: 1170 Route des Guillemards - 45320 Saint Hilaire les Andrésis.

Purchase vouchers and "spa gift cards" are sent by email or by post depending on the chosen delivery method.

Purchase vouchers can be credited with an amount chosen by the Client and can be spent in one or more installments.

"Spa gift cards" cannot be spent in multiple installments. They can be converted into purchase vouchers, which can then be spent in multiple installments.

Purchase vouchers and "spa gift cards" cannot be used to purchase other gift cards and cannot be sold to third parties. No promotional code may be used to purchase a gift card or gift box. Gift cards cannot be combined with other promotional codes.

In case of impossibility to perform the treatment, whatever the reason or the party responsible for the impossibility, you will be offered to convert the "spa gift card" into a purchase voucher so as not to lose the value of the voucher.

Failure to show up for an appointment, postponement, cancellation, or modification less than 72 hours before the appointment date will result in the definitive loss of the "spa gift card" and will not be reimbursed by the Seller at any time whatsoever.

When purchasing a purchase voucher or a "spa gift card", the Client agrees to waive their right of withdrawal. Purchase vouchers and "spa gift cards" are neither refundable nor exchangeable.

"Spa gift cards" and purchase vouchers are neither exchanged nor refunded, even partially, for any reason whatsoever (including theft, loss, damage, or expiration).

The purchase of purchase vouchers or "spa gift cards" does not entitle you to promotional offers, gifts, and free samples.

Article 10 - Online Booking for Le Jardin Spa in St-Hilaire-les-Andrésis

The User has the possibility to book online treatments that will take place at the Seller's store, located at the following address: 1170 Route des Guillemards - 45320 Saint Hilaire les Andrésis, which has a treatment area, according to a booking schedule open on Kalendes for several months.

10.1 Booking

To book an online treatment, the Client must go to the Spa's dedicated page on the website (https://lejardinspa.fr/accueil/le-spa/). The description of each treatment is accessible on the corresponding page of each treatment. In the product sheet, the Client then clicks on "Make an Appointment" and selects the desired treatment as well as the date and a time slot. The Client is then invited to identify themselves, either by entering their email address and password if they are already a Client, or by accurately filling out the form provided, on which they will include the information necessary for their identification, notably their first and last name.

Next, the User must enter their bank details to finalize the reservation. This is solely a bank imprint that will only be debited in the event of a no-show for the appointment or cancellation or modification not complying with the conditions mentioned in paragraph 9.2. The Client then receives a confirmation email, indicating the date and time of the treatment, as well as the Spa's address.

10.2 Modification and Cancellation Conditions

The Client can modify or cancel their treatment, free of charge, at the latest 72 hours before the scheduled appointment date, in the dedicated area of their Client account on the Kalendes website or by phone at 02.38.97.42.67. For logistical reasons, no cancellation or modification of the treatment will be taken into account by email. The bank imprint will automatically be canceled.

For any appointment modification between 72 hours and 48 hours before the scheduled appointment date, 25% of the treatment value will be debited from the bank imprint or gift card. Between 48 hours and 24 hours before the treatment, 50% of the treatment value will be debited from the bank imprint or gift card. Less than 24 hours, 100% of the treatment value will be debited from the bank imprint or gift card. These conditions are valid for all appointments, including those booked less than 72 hours in advance.

Article 11 - Payment Conditions

11.1 Means of Payment

Payment can be made during the online Order by the Buyer:

• either by bank card (CB, Visa or Mastercard) via the secure payment platform Paybox
• or by means of a purchase voucher

All Orders are payable in euros, including all taxes and mandatory contributions. Any bank charges remain the responsibility of the Buyer (including in the case of a refund).

The Buyer guarantees to the Company that they have the necessary authorizations to use the payment method chosen for their Order, at the time of placing the Order. The Client guarantees to the Seller that the chosen payment method legally provides access to sufficient funds to cover all costs resulting from their Order on the Site. The Company cannot be held responsible in case of fraudulent use of the payment methods used.

In case of total or partial default of payment for the Products, the Client shall pay the Company a late penalty at a rate equal to the legal interest rate increased by five points after a period of ten days following the Order date or upon notification of the bank payment rejection. In addition to late payment compensation, any sum, including the deposit, not paid on its due date by the professional Client will automatically incur the payment of a flat-rate indemnity of forty euros (40€) due for collection costs.

No compensation may be made by the Client between late penalties in the provision of ordered services and sums owed by the Client to the Company for the purchase of Products offered on the Site.

The penalty owed by the Client is calculated on the VAT-inclusive amount of the outstanding sum and runs from the due date of the price.

Payments made by the Client will only be considered final after the Seller has actually collected the amounts due. Furthermore, the Seller reserves the right, in the event of non-compliance with the payment terms set out above, in the event of non-payment or partial payment of any amount due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Website, including in connection with previous Orders, to suspend or cancel the delivery of current Orders placed by the Client.

11.1.1 Bank Cards

Payment for services will be made by credit card. The bank cards accepted on the Website are as follows: Carte Bleue, Visa, and Mastercard. These payment cards must be issued by a banking or financial institution located in the European Union or Monaco.

11.1.2 3D Secure Payment

Your order may be subject to 3D Secure verification. 3D Secure is an authentication payment system that guarantees optimal security for your online purchases. During payment, your bank verifies the cardholder's identity before validating the transaction.

How 3D Secure verification works:

After validating your bank details, you are redirected to your bank's website. In the 3D Secure window that appears, the authentication process to follow is specific to each bank.
You may be asked to:

• Enter your date of birth
• Enter a code received by SMS
• Or answer a personal question.

This exchange of information between you and your bank is secure. It guarantees the identity of the card user. For any questions about the 3D Secure code, please contact your bank directly.

11.2 Payment Security

For transaction security, SAS LES GUILLEMARDS works with CREDIT AGRICOLE and entrusts the security of its transactions to the Paybox service provider.

Client bank details are encrypted on their own computer and then transmitted securely to CREDIT AGRICOLE. This procedure is managed by SSL encryption technology, one of the most widely used and secure. Once the payment is validated, the related data is destroyed and does not remain with CREDIT AGRICOLE.

Article 12 - Retention of Title

SAS LES GUILLEMARDS retains full and complete ownership of the products sold until full payment of the total price, including principal, costs, taxes, and mandatory contributions, regardless of the delivery date of said Products.

In accordance with Article L. 216-2 of the Consumer Code, regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration related thereto will only take place when the Client physically takes possession of the Products, i.e., upon delivery. The Products therefore travel at the Seller's risk and peril.

Article 13 - Promotional Codes

Promotional codes and gift card codes cannot be combined. Promotional codes are not stackable. Promotional codes are valid on a selection of products, excluding discounted products, gift cards, and Spa treatments.

Promotional codes can be used once per Client unless otherwise instructed by the Seller. These codes are non-refundable during an exchange.

Article 14 - Complaints

Non-conformity

The Client is required to check the condition of the delivered Products. They have a period of fourteen (14) days from delivery to make any reservations or complaints regarding non-conformity or apparent defect of the delivered Products, with all supporting documents.

The Client must contact the Company at the email address contact@lejardinspa.fr indicating the problem so that the Seller can communicate the procedure to follow.

After this period and in the absence of having respected these formalities, the Products will be deemed compliant and free from any apparent defect, and no complaint can be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in Articles L. 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions of Sale.

In some cases, the Company may request the return of the Product to the following address:

Le Jardin Spa

1170 Route des Guillemards

45320 St Hilaire les Andrésis

Return costs will then be borne by the Company.

 

Any complaint not made according to the rules defined above and within the allotted time will not be taken into account and will release the Company from all liability towards the client.

Article 15 - Consumer Right of Withdrawal

In accordance with Law n° 2014-344 of March 17, 2014, the Client has a period of fourteen (14) clear days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to justify reasons or pay a penalty, for exchange or refund, provided that the Products are returned in their original packaging, with their safety capsule intact, duly sealed, unused, in perfect condition and accompanied by the invoice corresponding to the purchase within fourteen (14) days following the communication of their decision to withdraw.

Returns must be made in their original and complete condition (packaging, accessories, instructions) allowing their resale in new condition. Damaged, soiled or incomplete Products will not be taken back.

The Client has a right of withdrawal, except for contracts mentioned in Article L. 221-28 of the Consumer Code.

The Client therefore does not have a right of withdrawal for treatments performed at the Spa located at the following address: 1170 Route des Guillemards - 45320 Saint Hilaire les Andrésis.

In accordance with article 9.4, the customer agrees to waive their right of withdrawal when purchasing a voucher or a "care gift card".

To exercise their right of withdrawal, the Client has up to fourteen (14) days after receipt of their Order to inform the Seller of their decision to withdraw by email at contact@lejardinspa.fr or by mail to the following address:

Le Jardin Spa

1170 Route des Guillemards

45320 St Hilaire les Andrésis

The Client must then return, at their own expense, the Product(s) in its (their) original packaging as well as any gifts and samples received, at the latest within fourteen (14) days following the communication of their decision to withdraw to the following address:

Le Jardin Spa

1170 Route des Guillemards

45320 St Hilaire les Andrésis

When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

In the absence of returning the Products within fourteen (14) days, the Order is deemed final and no refund can be made, with the exception of cases provided for in these GTC.

If the above conditions are met, the Seller will reimburse the Client for all sums paid by the Client, as soon as possible and at the latest within fourteen (14) days following the date on which the Company was informed of the Client's decision to withdraw. The Company reserves the right to defer reimbursement until the earlier of these two dates: the date of recovery of the Product(s) or the date on which the Client provides proof of shipment of the Products. The initial delivery shipping costs are included, with the exception of return costs which remain the responsibility of the Client.

Proof of effective exercise of the right of withdrawal rests with the Client.

/!\ Failure to collect a parcel at a relay point does not constitute a withdrawal!

Article 16 - Seller's Liability - Legal Guarantees

The Products sold on the Site comply with the regulations in force in France. Pursuant to Article L.217-4 of the Consumer Code, the Seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from packaging, assembly instructions, or installation when the latter was contractually borne by them or carried out under their responsibility.

In accordance with Article L. 217-5 of the Consumer Code, the goods conform to the contract:

• 1° If they are fit for the purpose usually expected of similar goods and, where applicable:
  • if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • if they present the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by their representative, particularly in advertising or labeling;
• 2° Or if they present the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.

In accordance with Article L.217-12 of the Consumer Code: The action resulting from the lack of conformity is time-barred after two (2) years from the delivery of the goods.

 

The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:

• from the legal guarantee of conformity, for Products that are apparently defective, damaged or not corresponding to the Order, and
• from the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered Products and rendering them unfit for use, under the conditions and according to the terms referred to in the box below and defined in the appendix hereto.
•  

It is recalled that within the framework of the legal guarantee of conformity, the Client:

• benefits from a period of two (2) years from the delivery of the Product to act against the Seller
• can choose between repair or replacement of the ordered Product, subject to the cost conditions provided for by Article L.217-9 of the Consumer Code
• is exempted from providing proof of the existence of the Product's lack of conformity during the six (6) months following the delivery of the Product. This period is extended to twenty-four (24) months from March 18, 2016, except for second-hand goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product.

 

The Client may decide to implement the guarantee against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, they may choose between the cancellation of the sale, the replacement of the product, or a reduction in the selling price in accordance with Article 1644 of the Civil Code.

In order to assert their rights, the Client must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of twenty-four (24) months from the delivery of the Products or the existence of hidden defects within the aforementioned deadlines and return the defective Products in the state in which they were received with all their components (accessories, packaging, instructions, etc.). Any incomplete, damaged, and/or whose original packaging has been damaged product will not be taken back or exchanged under warranty.

The Seller will refund, replace, or have repaired the Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed based on the invoiced rate, and return costs will be reimbursed upon presentation of supporting documents if the product is deemed non-compliant. In the case of a product deemed compliant, the costs and risks associated with the return of the Product(s) are the responsibility of the Buyer.

Refunds or replacements of Products deemed non-compliant or defective will be made as soon as possible and at the latest within fourteen (14) days following the Seller's discovery of the lack of conformity or hidden defect.

Refunds or replacements of Products deemed non-compliant or defective will be made as soon as possible and at the latest within fourteen (14) days following the Seller's discovery of the lack of conformity or hidden defect.

The refund will be made by crediting the Client's bank account.

The Seller's liability cannot be engaged in case of non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Client to verify, or in case of misuse, professional use, negligence or lack of maintenance on the part of the Client, as in case of normal wear and tear of the Product, accident or force majeure.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or those affected by a defect.

The replacement of Products does not have the effect of extending the duration of the warranty.

 

16.1 Provisions relating to legal guarantees

Article L.217-4 of the Consumer Code: "The goods conform to the contract if they meet, in particular, where applicable, the following criteria:
1° They correspond to the description, type, quantity and quality, particularly as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° They are fit for any special purpose sought by the consumer, brought to the attention of the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;
3° They are delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4° They are updated in accordance with the contract."

 

Article L.217-5 of the Consumer Code: "I.-In addition to the criteria of conformity to the contract, the goods conform if they meet the following criteria:
1° They are fit for the purpose usually expected of goods of the same type, taking into account, where applicable, any provision of European Union law and national law as well as any technical standards or, in the absence of such technical standards, the specific codes of conduct applicable to the sector concerned;
2° Where applicable, they possess the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements they contain are supplied in the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, they are delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, they are supplied with updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
6° They correspond to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the goods as well as the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
II.-However, the seller is not bound by any public statements mentioned in the preceding paragraph if they demonstrate:
1° That they did not know them and were legitimately unable to know them;
2° That at the time of the conclusion of the contract, the public statements had been rectified under conditions comparable to the initial statements; or
3° That the public statements could not have influenced the purchasing decision.
III.-The consumer cannot dispute conformity by invoking a defect concerning one or more particular characteristics of the goods, of which they were specifically informed that they deviated from the conformity criteria set out in this article, and to which they expressly and separately consented when concluding the contract."

 

Article L. 217-7 of the Consumer Code: "Defects of conformity that appear within a period of twenty-four months from the delivery of the goods, including goods containing digital elements, are presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the goods or the alleged defect.

For second-hand goods, this period is set at twelve months.
When the sales contract for goods containing digital elements provides for the continuous supply of digital content or a digital service, defects of conformity that appear are presumed to exist at the time of delivery of the goods:
1° During a period of two years from the delivery of the goods, when the contract provides for this supply for a period equal to or less than two years or when the contract does not determine the duration of supply;
2° During the period during which the digital content or digital service is supplied under the contract, when the contract provides for this supply for a period exceeding two years."

 

Article L. 217-8 of the Consumer Code: "In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in price or termination of the contract, under the conditions set out in this sub-section.
The consumer also has the right to suspend payment of all or part of the price or the remittance of the benefit provided for in the contract until the seller has fulfilled their obligations under this chapter, under the conditions of Articles 1219 and 1220 of the Civil Code."

 

Article L. 217-9 of the Consumer Code: "The consumer requests that the seller bring the goods into conformity, choosing between repair and replacement. For this purpose, the consumer makes the goods available to the seller."

 

Article L. 217-10 of the Consumer Code: "Bringing the good into conformity shall take place within a reasonable period not exceeding thirty days following the consumer's request and without major inconvenience to the consumer, taking into account the nature of the good and the use sought by the consumer.
The repair or replacement of the non-conforming good includes, where applicable, the removal and collection of this good and the installation of the repaired good or the replacement good by the seller."

 

Article L. 217-11 of the Consumer Code: "Bringing the good into conformity shall take place without any cost to the consumer.
The consumer is not required to pay for the normal use they made of the replaced good during the period prior to its replacement."

 

Article L. 217-12 of the Consumer Code: "The seller may not proceed according to the choice made by the consumer if the requested conformity is impossible or incurs disproportionate costs, particularly with regard to:
1° The value the good would have in the absence of a lack of conformity;
2° The extent of the lack of conformity; and
3° The potential possibility of opting for the other choice without major inconvenience to the consumer.
The seller may refuse to bring the good into conformity if it is impossible or incurs disproportionate costs, particularly with regard to 1° and 2°.
When these conditions are not met, the consumer may, after formal notice, pursue specific performance of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.
Any refusal by the seller to proceed according to the consumer's choice or to bring the good into conformity must be justified in writing or on a durable medium."

 

Article 1641 of the Civil Code: "The seller is bound by the warranty against hidden defects of the sold item which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have given a lower price for it, had he known of them."

Article 17 - Intellectual Property

All elements of the lejardinspa.fr Website, whether visual, textual or audio (texts, layouts, photography, illustrations, documents etc..., including the underlying technology) are the exclusive property of SAS LES GUILLEMARDS, or of the owner of the intellectual property rights concerned, and are protected by the intellectual property code and copyright, trademarks and patents.

Any total or partial reproduction of the elements accessible on the Website is strictly prohibited and will expose the offender to civil and criminal proceedings.
The Seller holds all property rights attached to the Website and its components and has the required licenses. It holds all intellectual property rights and derivative rights attached to the concepts and editorial content used and/or disseminated on the Website. In general, no provision of these GTC may be interpreted as conferring on the Client, expressly or implicitly, any right (under a license or by any other means) to the names, trademarks, acronyms, logos and other distinctive signs of the Seller, with the exception of the rights held by the Seller's suppliers and potential partners on the visuals of their Products, on their trademarks and logos presented on the Website.

Furthermore, the Seller remains the owner of all intellectual property rights on photographs, presentations, illustrations and studies carried out for the purpose of providing Services to the Client. The Client is therefore prohibited from any reproduction or exploitation of said studies, illustrations, presentations and photographs without the express, written and prior authorization of the Seller, which may condition it on financial compensation.

You may set up links to the Company's Website if you do so fairly and if it benefits the reputation of Le Jardin Spa and in no way harms the Company's reputation. However, it is forbidden to establish such a link in such a way that it suggests a form of association if it does not exist. It is strictly forbidden to set up a link to the lejardinspa.fr Website on a site that you do not own. The Company reserves the right to remove links without prior notice.

Article 18 - Liability and Unforeseeability

The Seller and the Company cannot under any circumstances be held responsible for the unavailability, whether temporary or permanent, of the Website and although it uses all its means to ensure continuous service, it may be interrupted at any time. Furthermore, the Company reserves the right, by a voluntary act, to make the Website unavailable in order to carry out any updating, improvement or maintenance operation.

The Seller and the Client cannot be held liable if the non-performance or delay in the performance of one or more of their obligations results from a case of force majeure, within the meaning of article 1218 of the Civil Code. The Company cannot therefore be held responsible in case of delivery delay in case of force majeure.

The Seller is not responsible in case of carrier failure in the delivery of the Products, a failure that would be exclusively attributable to the carrier in accordance with Article L. 221-15 of the Consumer Code.

The Seller and the Client expressly waive the provisions of Article 1195 of the Civil Code and the unforeseen revision regime provided for therein. The Client and the Seller each undertake to perform their obligations, even if the contractual balance is disrupted by unforeseen circumstances during the Order and their performance proves excessively onerous.

Article 19 - Invalidity and independence of clauses

Should one or more stipulations of these General Terms and Conditions of Sale be declared invalid in application of a law or regulation or a final court decision, the other stipulations shall retain their force and scope.

Article 20 - "Data Protection Act"

As stipulated by the Data Protection Act, you have the right to access, modify and delete data concerning you.

Article 21 - Telephone Solicitation

The Client is required to provide a telephone number (preferably mobile) to facilitate the delivery of products. This number will only be communicated to La Poste and will only be useful to the Seller for contacting the Client in case of a problem with the preparation or delivery of their order.

The Client has the right to register on the cold calling opt-out list, particularly via the government website https://www.bloctel.gouv.fr/

Article 22 - Amendments to the General Terms and Conditions of Sale

SAS LES GUILLEMARDS reserves the right to modify and update the General Terms and Conditions of Sale without prior notice. To be informed of these potential modifications, SAS LES GUILLEMARDS advises the Buyer, and generally any user, to regularly re-read the GTC and the "Legal Notice and General Conditions of Use" of the Website. The Order will be subject to the GTC in force at the time of the Order.

The refusal of the new General Terms and Conditions of Sale must be explicitly stated. Without explicit manifestation of will before the entry into force of the new provisions, the Client will be deemed to have accepted the modifications.

Article 23 - Applicable law and competent jurisdiction

The sales of products and services of the company SAS LES GUILLEMARDS are subject to French law. Any dispute relating to the existence, interpretation, execution or termination of the contract concluded between SAS LES GUILLEMARDS and the buyer shall, in the absence of an amicable agreement, be the exclusive jurisdiction of the Orléans court.

These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authoritative in the event of a dispute.

Article 24 - Disputes and mediation

All disputes to which the purchase and sale operations concluded in application of these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, execution, termination, consequences and follow-up, and which could not have been resolved between the Seller and the Client, will be submitted exclusively to the Orléans court under ordinary law conditions.

The Client is informed that they may, in any case, resort to conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies or any alternative dispute resolution method in case of dispute.

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, SAS LES GUILLEMARDS adheres to the Centre de la Médiation de la Consommation de Conciliateurs de Justice, whose contact details are as follows: 49 Rue de Ponthieu, 75008 Paris – https://www.cm2c.net/

After prior written approach by consumers to SAS LES GUILLEMARDS, the Mediator's Service may be seized for any consumer dispute whose resolution has not been achieved. To know the modalities for seizing the Mediator, click here.