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GENERAL TERMS AND CONDITIONS OF SALE
SECTION 1 – Scope
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Sunshade Garden, operated by Thomas Hurel-Ottomani ("the Seller"), to consumers and non-professional buyers ("the Customers" or "the Customer") wishing to purchase the products offered for sale by the Seller ("the Products") on the website sunshade-garden.com.
They set out in particular the terms and conditions for ordering, payment, delivery, and handling of any returns of Products ordered by Customers.
These Terms may be supplemented by specific conditions stated on the website prior to any transaction. They are accessible at all times on sunshade-garden.com and shall prevail over any conflicting document. The version applicable to the Customer's purchase is the one in effect on the website at the date the order is placed.
SECTION 2 – Products Offered for Sale
Products offered for sale on sunshade-garden.com are presented with their main characteristics, including specifications, illustrations, and dimensions or capacity details.
The Customer is required to review this information before placing any order. The selection and purchase of a Product is the sole responsibility of the Customer.
Photographs and graphics displayed on the website are for illustrative purposes only and do not constitute a contractual commitment by the Seller.
SECTION 3 – Validity of Product Offers
Product offers are valid while stocks last, as specified at the time of ordering.
SECTION 4 – Seller Contact Information
Company: Sunshade Garden, operated by Thomas Hurel-Ottomani Address: 15 Boulevard des Chênes, 13009 Marseille, France Business Registration (SIRET): 93257193800012 VAT Number: FR19932571938 Email: contact@sunshade-garden.com Phone: +33 7 80 95 13 79
The Customer has the right to access, correct, oppose, delete, and port their personal data at any time by contacting the Seller at the address above.
Placing an order constitutes full and unreserved acceptance of these Terms and Conditions.
SECTION 5 – Orders
5.1 Placing an Order The Customer selects the Products they wish to order on sunshade-garden.com. The Customer may review the order details, total price, and correct any errors before confirming.
The order is recorded when the Customer accepts these Terms by checking the designated box and confirms their order.
The sale is only finalized after the Seller sends an order confirmation email and full payment has been received.
The Seller reserves the right to cancel or refuse any order from a Customer with whom a payment dispute exists regarding a prior order.
The Customer may track their order on sunshade-garden.com under "Order Tracking."
The Seller reserves the right to refuse orders for a same Product in unusually large quantities.
5.2 Order Modifications Any modification request must be submitted by email to contact@sunshade-garden.com within a reasonable time before the scheduled shipping date. If the modification cannot be accommodated, any amounts paid will be refunded promptly, unless the Customer prefers a store credit or exchange.
5.3 Order Cancellations Orders may be cancelled by the Customer at least 24 hours before the scheduled shipping date, free of charge, outside of the exercise of the right of return or cases of force majeure.
SECTION 6 – Pricing
Products are sold at the prices listed on sunshade-garden.com at the time the order is placed. Prices are displayed in US dollars, inclusive of all applicable taxes and fees, including processing, handling, and shipping costs.
SECTION 7 – Payment Terms
Full payment is due at the time of order, via secure payment, using the following methods:
Credit card payments are irrevocable, except in cases of fraudulent use.
SECTION 8 – Delivery
Ordered Products are delivered within 4 to 7 business days to the address provided by the Customer, broken down as follows:
If the Products have not been delivered within 30 days of the estimated delivery date, for any reason other than force majeure or the Customer's own fault, the Customer may request cancellation of the sale in writing. Any amounts paid will be refunded within 14 days of the cancellation request.
In the event of a non-conforming Product, the Seller commits to resolving the issue or refunding the Customer. The Seller bears all shipping risks.
SECTION 9 – Transfer of Ownership – Transfer of Risk
Ownership of the Products transfers to the Customer only upon receipt of full payment, regardless of the delivery date.
Risk of loss or damage transfers to the Customer only when they physically take possession of the Products. Products therefore travel at the Seller's risk.
SECTION 10 – Right of Return
In accordance with our return policy, the Customer has 30 days from receipt of the Product to request a return for exchange or refund, with no justification required and no penalty.
Returns must be made in their original condition and complete (packaging, accessories, manual, etc.), accompanied by the purchase receipt. Damaged, soiled, or incomplete Products will not be accepted.
Return requests must be submitted by email to contact@sunshade-garden.com.
Upon exercise of the right of return, only the purchase price of the Product(s) and original shipping costs are refunded. Return shipping costs remain the responsibility of the Customer.
Refunds will be issued within 14 days of notification of the return decision.
SECTION 11 – Seller's Liability – Warranty
Products sold on sunshade-garden.com comply with applicable regulations and are suitable for non-professional use.
Products are covered, at no additional cost, by:
Under the legal conformity warranty, the Customer has 2 years from delivery to file a claim against the Seller.
The Seller will refund or replace non-conforming or defective Products within a maximum of 14 days following confirmation of the defect, via credit to the Customer's payment method.
The Seller shall not be liable for damage resulting from misuse, negligence, failure to maintain the Product, normal wear and tear, accidents, or force majeure.
SECTION 12 – Personal Data Protection
Personal data collected from the Customer is necessary for processing their order and issuing invoices. It may be shared with the Seller's partners responsible for fulfilling and processing orders.
The Customer has the right to access, modify, correct, oppose, port, and restrict the processing of their data by contacting contact@sunshade-garden.com.
SECTION 13 – Intellectual Property
The content of sunshade-garden.com is the property of the Seller and its partners, protected by French and international intellectual property laws. Any total or partial reproduction is strictly prohibited.
SECTION 14 – Force Majeure
Neither party shall be held liable for non-performance or delays resulting from a force majeure event beyond their reasonable control.
SECTION 15 – Governing Law – Language
These Terms and Conditions are governed by French law. In the event of a dispute, only the French text shall be authoritative.
SECTION 16 – Disputes
Any dispute that cannot be resolved amicably between the Seller and the Customer shall be submitted to the competent courts under applicable law.
The Customer may also seek mediation through an alternative dispute resolution process by contacting:
Mediator: CM2C, 14 rue Saint Jean, 75017 Paris, France – Tel: +33 1 89 47 00 14
SECTION 17 – Pre-Contractual Information – Customer Acceptance
Placing an order on sunshade-garden.com constitutes full and unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered.
APPENDIX 1 – Legal Warranty Provisions
Products are covered by legal warranties applicable under French consumer law, including a 2-year conformity warranty from the date of delivery and a 2-year warranty against hidden defects from the date of discovery of the defect. The Seller is required to deliver a product that conforms to the contract and is fit for its intended use.
APPENDIX 2 – Return Request Form
This form should be completed and returned only if the Customer wishes to exercise their right of return for an order placed on sunshade-garden.com.
To: Sunshade Garden – contact@sunshade-garden.com
Order Date: _______________
Order Number: _______________
Customer Name: _______________
Customer Address: _______________