General conditions of Sale
TULIP BOTANICS, trademark registered, established, exploited by and licensed to EBM Solutions (115 Rue Gabriel Mouilleron, 54000 Nancy, VAT n°FR11879821460 registered to the French Trade and Companies Register, under Company No 879821460), here in after referred to as the “Vendor”.
The natural and juridical person who wishes to purchase products or services from the company is hereinafter referred to as the “Purchaser”.
Hereby agree to the following terms of sale.
These General Conditions of Sale determine the rights and obligations of the parties connected with the online sale of Products offered by the Vendor.
These General Conditions of Sale apply to all sales of Products made through the website of the Vendor which form an integral part of the Contract between Purchaser and Vendor. The Vendor reserves the right to modify these General Conditions, at any time, by the publication of a new version on its website. The applicable GCs are those in force upon the date of payment (or the first payment in case of multiple payments) of the initial order. These General Conditions may be found on the website of the Vendor.
The Vendor also ensures that the Purchaser’s acceptance of these General Conditions is clear and unreserved through the establishment of a checkbox and click validation system. The Purchaser declares to have read and understood all these General Conditions of Sale and, if applicable, the Particular Conditions of Sale related to a specific product or a service and accepts them without restriction or reserve. The Purchaser acknowledges having received all advice and information necessary to ensure that the offer matches the Purchaser’s needs. The Purchaser declares to be in a valid position to contract legally under the laws of France or validly represent the natural or legal person for whom they are a representative. Unless proved otherwise, the information recorded by the Vendor constitutes proof of the existence of a contract and of the transaction(s) being entered into.
1. CONTRACTS AND SHIPMENTS
1.1 Contracts on tulipbotanics.com are concluded exclusively in French. When ordering products, your contractual partner is EBM Solutions, and when ordering orders from our company’s partners, your contractual partner is the products’ manufacturer.
1.2 By clicking “Place Order”, you issue a binding order for the items in your shopping basket. We confirm receipt of your order by email immediately after we have received the payment of the total purchase. The shipping of the ordered goods takes place in the following 24 hours (or the next day). With the receipt of the order confirmation and your payment confirmation, a contract of sale takes effect.
1.3 Please note that, in exceptional circumstances, we are not obliged to deliver the purchased goods when we have acted to ensure the product’s availability but have not received stock from our suppliers properly or on time. We are not obliged to deliver said goods if we are not responsible for the lack of availability of the goods and we have informed you of this lack immediately. In case of unavailability of the goods ordered, we will immediately refund payments already made, or will replace your order with another product of your choice, as long as the new order does not surpass the value of the previous order.
1.4 We do not assume the risk of having to buy a controlled commodity (supply risk). This also applies when ordering goods that are described only by their nature and their characteristics (generic goods). We are required to deliver the goods from our stock and that which we order from our suppliers. When ordering items from our partners on www.ligneverte.lu, our stock includes that of our partners. We deliver your orders in France and throughout Europe. If the delivery is stated in working days, this means Monday to Friday, year-round, excluding official legal holidays in France.
1.5 Orders of products to be delivered abroad are the sole responsibility of the Purchaser. As such, he or she must comply with all the laws and regulations of the country in which he or she receives the products. The Purchaser may be subject to import duties and taxes, which are collected when the parcel arrives at its destination. Tulip Botanics and EBM Solutions has no control over these fees; they will thus be charged to the Purchaser and will be considered to be his or her sole responsibility. Customs policies vary greatly from one country to another, so the Purchaser must contact the local customs department for more information. In addition, when the Purchaser places an order on Tulip Botanics and EBM Solutions, he or she is considered as the official importer and must respect all the laws and regulations of the country in which he or she receives the products. Tulip Botanics and EBM Solutions SAS is not responsible in case of litigation nor will refund the order in such a case.
2. PRICES, SHIPPING COST AND PRIORITY MAIL
2.1 The sales prices include the value-added tax (VAT) applicable on the day of the order, under the conditions and modalities defined by the Consumer Code.
2.2 For sending particularly large, heavy or valuable goods, different shipping charges may apply.
3.1 In general, we accept payments by bank transfer and Bitcoin transfer.
3.2 Promotional codes are coupons and cannot be purchased. They are generated solely by the company, in digital form. They correspond to a percentage of reduction toward the next purchase. Tulip Botanics reserves the right to cancel your order at any time, for any reason deemed reasonable by Tulip Botanics and EBM Solutions.
4. RETURNS AND EXCHANGES
4.1 Products cannot be returned, exchanged or refunded.
4.2 The consumer shall have fourteen clear days to exercise his or her right of withdrawal from the sale, in accordance with the french Consumer Code. The price of the return of goods shall be borne by the Purchaser. If possible, all returns should be accompanied by a copy of the purchase receipt. Procedure in the case of reimbursement: Upon receipt of the returned parcel, and after verification, or (in case the command has not been yet shipped) an e-mail or letter on behalf of the Purchaser expressing their wish to cancel the purchase, the total amount (order + delivery costs) will be credited to the Purchaser’s account by the same means as the original payment.
All products benefit from the legal guarantees of conformity and guarantees against hidden defects. According to the law, in case of non-conformity of a purchased product, the Purchaser is obliged to notify the Vendor so as to rectify the situation.
6. PROTECTION OF PERSONAL DATA
The company ensures that the data of its customers are processed according to the legislation in force. All personal data will be considered confidential. The data recorded by the company is used for the registration and processing of orders and the administration of personal accounts of customers. The information necessary for the management of the order will be subject to computer processing and may be communicated to associated companies as part of the management of the order.
7. APPLICABLE LAW
All the clauses in these general conditions of sale, as well as all transactions of purchase or sale referred to herein, will be governed by the law of France.