General Sales Conditions

Preamble

The commercial Website Roseraie Ducher, www.roseraie-ducher.com (the "Website"), is an e-commerce Website accessible via the Internet, open to any user. It is published by the Roseraie Fabien Ducher, an agricultural operation whose registered office is 14 rue du Puits Saint Claude, 42800 Rive de Giers, FRANCE, registered at the Chamber of Agriculture of the Loire and whose SIREN is 422 481 283 (the "Roseraie Ducher").

Mailing adress: Route du Bajard - 42800 Châteauneuf - FRANCE
Phone: +33 (0)4 77 75 31 70 / +33 (0)6 61 83 60 86
E-mail : info@roseraie-ducher.com

The Website is hosted by OVH
RCS Lille Métropole 424 761 419 00045
140 quai du Sartel - 59100 Roubaix - FRANCE
Phone: 08 99 70 17 61 - Fax: 03 20 20 09 58

1. Fields of application and modification of the General Conditions of Sale

These general sale conditions rules the contractual relations between the Roseraie Ducher and its Customers within the framework a of distance selling system. Clicking on the "Submit" button after the order process implies full acceptance of these Terms and Conditions and that this contract is subject to French law.

The Roseraie Ducher reserves the right to adapt or modify at any time the present general sales conditions. Any changes will take effect from the time they are posted. The general sales conditions applicable to an order are those in force and online at the time the order is placed by the Customer.

2. Characteristics of the products proposed

The main characteristics of the products available on the Website are indicated on the product page available online. The photographs illustrating the products presented on the Website are reproductions as faithful as possible but do not constitute a contractual document.

The Roseraie Ducher cannot be held responsible for any differences (variation in color, flowering…) and reserves the right to modify or change the pages of the Website, the products offered, their prices and the photographs. Any changes come into effect as soon as they are online.

3. Packaging of roses and shipping dates

Depending on the season, roses are available as bare roots or in container.

Bare root roses can be ordered year-round, but will only be shipped during the vegetative rest period, typically from late October to late March and outside freezing periods. These dates are not contractual and may vary according to the climatic conditions and the state of the plants.

Bare root roses ordered outside the shipping period will be shipped as soon as the vegetative conditions allow, according to their arrival order.

Roses in container can only be ordered and shipped outside the vegetative rest period, typically from the end of March to the end of October. These dates are not contractual and may vary according to the climatic conditions and the state the plant.

4. Prices

The prices displayed on the Website are including all taxes (VAT included) and in euros. The price includes the costs of processing but does not includes shipping costs.

The Roseraie Ducher reserves the right to modify its prices at any time, provided however that the price appearing on the Website at the time of validation of the order will be the only one applicable to the Customer.

5. Availability

The offers presented on the Website are valid, in the absence of indication of particular duration, as long as they appear on the Website and within the limit of stock availability.

In case a product becomes unavailable after placing the order, the choices or varieties that are stock-out will be replaced by the nearest selection (same color and same quality and of an identical price), unless otherwise specified by your when ordering. In case a Customer refuses replacement or Roseraie Ducher is unable to deliver a replacement item, the Customer will be informed and will be credited with the amount corresponding to the unavailable item. This credit can either be used for a later order, or refunded by credit card or check on your request.

6. Shipping zones

For sanitary reasons and because of shipping costs, we can not ship our roses or derived products to many countries. Moreover, to guarantee the freshness and the quality of our roses in container, we limit their shipping to metropolitan France. The geographical areas of expeditions are therefore:

  • Metropolitan France: bare root roses, roses in container and derived products
  • Oversea France (except Reunion Island): bare root roses and derived products
  • EEC and Switzerland: bare root roses and derived products
  • Japan: rosiers bare root roses and derived products
  • USA: derived products only

If you can not find your country/product in this list, please contact us to find out about the feasibility of a shipment and its cost.

7. Shipping & Shipping costs

All shipments are made by Colissimo, outside of frost period. Shipping generally lasts 48 hours for metropolitan France.

Bare roots roses and roses in container involve specific packaging. Therefore, shipping costs vary according to the product ordered and the shipping area.

Metropolitan France

  • Bare root roses
    1 rose: 8,50 euros of shipping costs
    From 2 to 10 roses: 10,00 euros of shipping costs
    11 roses and more: 12,00 euros of shipping costs
  • Roses in container
    1 rose:13,00 euros of shipping costs
    Per additional rose: 5,00 euros of shipping costs
  • Derived products
    Whatever quantity: 8,50 euros of shipping costs
  • Combination of bare roots roses and derived products
    From 2 to 10 products : 10,00 euros of shipping costs
    10 products and more: 12,00 euros of shipping costs
  • Combination of roses in container and any other products
    Only the shipping cost(s) of roses in container will be charged

Oversea France (except Reunion Island)

  • Bare root roses
    From 1 to 6 rose(s): 35,00 euros of shipping costs (due to the phytosanitary certificate)
    7 roses and more: please contact us
  • Derived products
    From 1 to 6 product(s): 25,00 euros of shipping costs
    7 products and more: please contact us
  • Combination of bare roots roses and derived products
    From 2 to 6 products : 35,00 euros of shipping costs
    7 products and more: please contact us

EEC and Switzerland

  • Bare root roses
    From 1 to 15 roses: 16,00 euros of shipping costs
    16 roses and more: 25,00 euros of shipping costs
  • Derived products
    Whatever quantity: 15,00 euros of shipping costs
  • Combination of bare roots roses and derived products
    From 1 to 15 product(s): 16,00 euros of shipping costs
    16 products and more: 25,00 euros of shipping costs

Japan

  • Rosiers racines nues
    1 rose: 55,00 euros of shipping costs (due to the phytosanitary certificate)
  • Derived products
    From 1 to 4 product(s): 25,00 euros of shipping costs
    From 5 to 10 product(s): 35,00 euros of shipping costs
    11 products and more: please contact us
  • Combination of bare roots roses and derived products
    From 1 to 5 product(s): 55,00 euros of shipping costs
    6 products and more: please contact us

USA

  • Derived products
    From 1 to 4 product(s): 25,00 euros of shipping costs
    From 5 to 10 product(s): 35,00 euros of shipping costs
    11 products and more: please contact us

If you can not find your country/product in this list, please contact us to find out about the feasibility of a shipment and its cost.

8. Orders

Orders can be placed on the Website. The data recorded by the Website will constitute a proof of all transactions between Roseraie Ducher and the Customer. The Roseraie Ducher systematically confirms the order by email to the Customer as well as the validity of its payment.

Orders can also be made by filling and sending to the Roseraie Ducher the order form available on the Website.

For all orders over 5 roses, a rose of our choice will be offered.

9. Payment

All orders placed on the Website are payable at the time of order. The price is due and totally received upon validation of the order by the Customer. Payment is made online by credit card (Carte Bleue, Visa, Eurocard / Mastercard), through the secure PayPal payment system and according to PayPal's Terms and Conditions of Use.

In the case of an incomplete or unexisting payment by the Customer is incomplete or non-existent, for a reason attributable to the Customer, the order is automatically canceled and any expenses resulting therefrom are borne by the latter, without prejudice to possible damages.

10. Modification of an order

For any modification of an order prior to its shipment, the Customer must contact the Roseraie Ducher as soon as possible by e-mail or by phone. No order in progress can be modified.

11.Transfer of ownership and risks

The transfer of ownership of product(s) purchased by the Customer takes place when full payment occurs. The transfer of risks occurs when the products are handed over to the Customer.

12. Reserve

Any Customer with whom there is an unresolved dispute relating to the failure to pay a previous order, or for any other reason, may be denied the right of further order. In the case of a dispute in progress (in particular on the quality of the ordered product), the Roseraie Ducher may have to review with the Customer the conditions for processing a new order.

13. Delivery

For roses, shipments take place only when the climatic conditions and the state of the plants in our region allow it. Orders are shipped by Colissimo. Any complaint concerning the number and condition of packages shall be notified to the carrier himself at the time of delivery and shall be notified in writing within 3 days of receipt of the package(s). No refusal of goods for advance or delay of delivery will be allowed.

14. Recovery of plants

The products shipped by the Roseraie Ducher have received the best care and are packed in such a way as to keep several days during their transport. The responsibility of the Roserie Ducher is limited to guaranteeing this quality as well as the authenticity of the varieties of roses sold.

In each shipping are attached planting advices, advices that you must scrupulously respect. Roses are living plants. In no case can the Roseraie Ducher be held responsible for the non-recovery of plants whose Roseraie Ducher has not carried out planting, nor that we can control the soil and climate factors to which these roses will be exposed. The recovery, the vegetation and the flowering are therefore solely the responsibility of the Customer who must carry out the planting and the maintenance according to the state of the art.

15. Liability

In the online sales process, the Ducher Roseraie is only bound by an obligation of means. The liability of the Roseraie Ducher can not be incurred for damage resulting from the use of the Website or the Internet network (loss of data, intrusion, virus, breach of service…), or other problems beyond its control. The Roseraie Ducher can not be held liable in the event of an interruption in the functioning of the Website, the occurrence of a bug or the consequences resulting from any fraudulent intrusion by a third party.

More generally, the Roseraie Ducher can not be held responsible in the event of a default of any kind whatsoever resulting from a case of force majeure within the meaning of the applicable provisions of the Civil Code and the French jurisprudence. In the event an order is affected by a force majeure event, whether in connection with the operation of the Website or in connection with the availability of the products, the Roseraie Ducher informs the Customer, stating as much as possible, the duration and the foreseeable consequences of this event.

16. Copyrights

All the elements of the Website are and remain the intellectual and exclusive property of the Roseraie Ducher. It is forbidden to reproduce, exploit, rebroadcast or use for any reason whatsoever, even partially, elements of the Website or coming from the Website that are software, editorial, visual, picture or sound. They can not be used under penalty of counterfeiting.

17. Personal data

In accordance with the law "Informatique et Libertés" of January 6, 1978, amended by the law n° 2004-801 of August 6, 2004, the Roseraie Ducher filed the declaration relating to the collection and processing of your Personal Data with the CNIL under the number: 2010996v0. The Roseraie Ducher commits to collect, process, save and store your personal data in accordance with the legal laws of France.

The personal data collected during the creation of a user account on the Website are: surname and first name, date of birth, postal and e-mail addresses, telephone number and information required to pay for the purchases made on the Website. This information is madatory for the good management of the orders, their processing and the dispatch of the orders. The lack of these data necessary will therefore leads to a non-valid order.

In accordance with the law "Informatique et Liberté" of January 6, 1978, you have the right to access, oppose and rectify the data your concerning by sending an email or by using the contact form.

18. Cookies and audience measurement

The Website uses cookies to optimize the navigation and in particular to identify you so that you can access your account, manage your shopping basket, memorize your orders. The Website also uses an audience measurement system which tells us, for example, the number of page viewed, the number of visitors to the Website as well as their activity.