Terms of Use and Sale

Last updated December 22, 2022.

OVERVIEW

This website is operated by Plant Pattern SARL, with a capital of 4.000€ RCS number 838 107 548, whose registered office is located at 10 avenue Walwein, 93100 Montreuil - FRANCE.
The website is edited by Leon And George, Inc. They provide us with the e-commerce platform that allows us to sell you our products and services.

This website www.leonandgeorge.com, www.leonandgeorge.fr offers internet sales and delivery of plants, pots and decorative accessories in Europe.

On this website, the terms "we", "us" and "our" refer to Plant Pattern. Plant Pattern offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting this site and/or purchasing any of our products, you are engaging in our "Service" and agreeing to be bound by the following terms and conditions ("Terms and Conditions", "Terms and Conditions", "Terms"), including any additional terms, conditions and policies referenced herein and/or accessed by hyperlink. These Terms of Sale and Use apply to all users of this site, including but not limited to, users who browse the site, are sellers, customers, merchants, and/or content contributors.

Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms of Sale and Use. If you do not agree to all of the terms and conditions of this agreement, then you should not access the website or use any of the services offered on it. Acceptance is expressly limited to these Terms and Conditions of Sale and Use.

Any new features and tools that are added to this store in the future will also be subject to these Terms of Sale and Use. You can review the most current version of the Terms of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website after any changes are posted will constitute your acceptance of those changes.

ARTICLE 1 - TERMS AND CONDITIONS OF USE OF OUR ONLINE SHOP

By accepting these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.

Use of our products for any illegal or unauthorized purpose is prohibited, nor shall you, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).

You shall not transmit any worms, viruses or other code of a destructive nature.

Any violation or breach of these Terms and Conditions will result in immediate termination of your Services.

ARTICLE 2 - GENERAL CONDITIONS

We reserve the right to deny access to the Services to any person at any time for any reason.

You understand that your content (excluding your credit card information) may be transferred in an unencrypted manner, and this involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without prior express written permission from us.

The headings used in this Agreement are included for your convenience, and will not limit or affect these Terms.

ARTICLE 3 - ACCURACY, ACCURACY AND CURRENCY OF INFORMATION

We are not responsible if the information available on this site is not current, complete or accurate. The content of this site is provided for informational purposes only and should not be your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.

This site may contain certain prior information. This prior information, by its nature, is not current and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

ARTICLE 4 - PRICES

The prices relating to the order of products are indicated on the online sales area. The prices are displayed in euros in amounts including VAT. They are valid only for the period during which they are accessible electronically in real time on the sales space for the product in question. They may vary at any time depending on several criteria, including available stocks. The value of the transaction will be that of the date and time of the customer's order, the parties acknowledging that they have no recourse in the event of a decrease or increase subsequent to the order. The prices displayed take into account the delivery costs for the zones covered and mentioned. For deliveries outside the zones, a request for an evaluation of the delivery costs could be made. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the prices of the products. Before the confirmation of the order by the customer, it will be indicated the total amount of the order (price including VAT) in euros.
The prices of the products do not include the communication costs related to the use of the online sales service which remain the responsibility of the customer.

ARTICLE 5 - INVOICING

The customer may request that an invoice be sent to the delivery address indicated on the order form or to any other address of his choice by contacting customer service by email at [email protected].

ARTICLE 6 - DELIVERY

Delivery will be made according to various methods indicated on the sales area.
Delivery is exclusively made in the areas listed on the sales area.

Delivery is made by a courier independent of Plant Pattern and delivery times are stated as accurately as possible. Exceeding delivery times cannot give rise to damages. Delivery dates are given for information only. These dates are estimates. Plant Pattern will do its best to meet them, but they are not guaranteed. Delivery on time can only occur if the buyer is up to date with his obligations towards the company.

The Customer is required to check the condition of his order upon Delivery and that the products delivered correspond to him. It is the Customer's responsibility to make any reservations and claims that he/she deems necessary, or even to refuse the order, when it is obviously damaged upon Delivery. The said reservations and complaints must be addressed to the company Plant Pattern within three working days following the date of the Delivery by email or postal mail.
For a delivery to be made in a business or public environment, the customer must ensure, before placing any order, that it can be done without difficulty. In case of refusal, the delivery will be considered as made. Delivery to the reception is considered as delivery to the addressee. If this lack of information results in a second presentation to the addressee, the company will be entitled to charge the customer the corresponding costs for this second delivery.

If the recipient is absent at the time of delivery, the delivery person will attempt to contact the recipient, on a mobile or landline phone confirmed by the customer at the time of ordering. If there is no answer, the deliveryman will identify the best solution to finish the delivery in the best conditions according to the solution of deposit chosen by the customer. If none of the previous solutions could be found, the deliveryman will return to the workshop and the request will be taken in charge by the customer service. Two cases may occur: the buyer decides to have the order delivered again. The customer may be charged an additional fee for the new delivery attempt. In case of absence of the recipient, the company will not be held responsible for the final quality of the delivery.

Beyond an incapacity of delivery of the order because of the salesman, higher than two weeks, the purchaser will be able to claim the integral refunding of the order, with the exclusion of any other allowance or damages, if the product was not delivered for any other cause than a case of absolute necessity or of a fact coming from the purchaser. Finally, if the product has not been delivered, for any other reason than a case of force majeure, the sale may then be resolved and the purchaser obtain restitution of its price to the exclusion of any other compensation or damages. The following are considered as force majeure discharging the company from its obligation to deliver: war, riot, fire, strikes, accidents, traffic restrictions, extreme weather conditions and the impossibility of being supplied, an internet or telephone cut, a material or technical impossibility of accessing the site and the order management modules by the company. The company will inform the buyer in due course. It should be noted that this list is only partial and not exhaustive. The company is the only one to be able to conclude that an external event that cannot allow it to fulfill its mission of selling and delivering plants will be considered as a case of force majeure. The parties are, however, free to adopt other provisions more appropriate to their situation.

Upon shipment of the goods to the customer, the risk of loss or damage to the goods shall pass to the customer when the customer or a third party designated by the customer to receive the goods, takes physical possession of the goods.

ARTICLE 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change an order or cancel an order, we may attempt to notify you by contacting you at the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.

You agree to provide current, complete and accurate order and account information for all orders placed on our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.

ARTICLE 8 - RETURNS AND RIGHT OF WITHDRAWAL

It is possible to cancel or modify the order by the customer. On the day the order is prepared, an order confirmation email will be sent to the customer, confirming the shipment of the order. At this stage, it will not be possible to cancel or modify the order. The order confirmation email serves as proof. The invoice for each order is available by making an email request to customer service at [email protected].

Any return of products must be formally agreed upon between the seller and the purchaser. Any return accepted by the seller, in the case of an apparent defect or non-conformity of the products delivered, which will be noted by the seller, will allow the buyer to obtain a free replacement or the return of a credit note to his benefit. This solution will not be able to be invoked in the event of delivery carried out with a delay whose responsibility falls to the customer (erroneous or incomplete address, refusal of the parcel, lack of information, absent recipient, etc). Complaints concerning the delivered product must be, insofar as it concerns perishable products, formulated in writing with the imperative photo of the delivered product, at the latest within 4 hours following the delivery of the product, or fourteen days (14) for non-perishable products.

In accordance with Article L.121-20 et seq. of the Consumer Code, for non-perishable products, the customer has a period of fourteen (14) days to withdraw without giving any reason. The withdrawal period expires fourteen (14) days after the day the customer or a third party other than the carrier, takes physical possession of the product. The attention of the customer must however be drawn to the fact that the perishable nature of the products is an exception to the right of withdrawal (flowers, plants, food ...). Consequently, and in the absence of having retracted the order according to the places and times of delivery defined, the retraction is not materially possible. He will therefore be deemed to have waived the right of withdrawal within the legal deadline. To this end, the customer must contact customer service by email at [email protected] and make an unambiguous statement. The above-mentioned time limit shall run from the time the order is received or deposited with a third party. If the period expires on a Sunday or a holiday, it shall be extended to the next working day. When the right of withdrawal is exercised, the company is obliged to reimburse the buyer without delay and at the latest within fourteen days from the date on which the company is informed of the consumer's decision to withdraw. If the buyer decides to use his right of withdrawal, an acknowledgement of receipt of the withdrawal will be sent to him without delay by e-mail. In order for the withdrawal period to be observed, it is sufficient for the purchaser to submit his application for the exercise of the right of withdrawal before the expiry of the above-mentioned withdrawal period. The exercise of the right of withdrawal shall terminate the obligations of the customer and the Company as set forth in these general terms and conditions. The Company shall proceed with the refund using the same means of payment as the one used by the Customer for the initial transaction. The Company may defer the refund until it has received the product.

Please review our return policy before making any purchases.

ARTICLE 9 - GUARANTEES ON PERISHABLE PRODUCTS

Plant Pattern offers a 30 day guarantee on plants sold from the date of receipt of the product by the customer.
However, the warranty does not cover: claims relating to failure to follow the instructions for use, poor plant care, poor packaging, or abnormal use of the product.

To learn more and to know all the conditions of our guarantee.

The customer shall make the warranty claim by contacting customer service electronically at [email protected] or by mail.
Plant Pattern will propose to the customer to keep the plant by respecting maintenance advices, the replacement of the plant if possible compared to the availability of the product or simply a refund of the product after recovery.
Plant Pattern reserves the right to propose exclusively to the customer a refund of the product after recovery if an agreement cannot be found between the two parties.

The replacement of the plant does not tacitly extend the warranty which remains applicable on the date of receipt of the order by the customer.

Please consult our return policy before making any purchases.

ARTICLE 10 - GUARANTEES ON NON-PERISHABLE PRODUCTS

The company is bound by the guarantee of conformity of products, under the conditions provided for in Articles L.211-4 and following of the Consumer Code. In case of lack of conformity, the company will endeavor to replace the good without any cost to the customer. If replacement is impossible, the consumer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The customer is expressly informed that the company is not the producer of the products presented in the sales area, within the meaning of Article 1386-1 of the Civil Code.

In the event that the responsibility of the company as a professional seller would be engaged for the damage resulting from a product within the meaning of Article 1386-6 of the Civil Code, the company reserves the right to call the producer or manufacturer in warranty of this product.

The customer benefits from a contractual guarantee The parts recognized as defective will be either repaired or changed at the expense of the company. The contractual warranty does not cover: claims relating to non-compliance with the instructions for use, abnormal use of the product, improper connection; replacement of parts whose wear is normal or due to abnormal use of the product; damage resulting from a natural phenomenon or an accident, (water damage, fire, ...). The contractual guarantee is without prejudice to the guarantee of conformity provided for in Articles L.211-4 and L.211-13 of the Consumer Code and the legal guarantee against hidden defects, provided for by the Civil Code and which applies to all contracts concluded between professionals and consumers. Accordingly, the company therefore guarantees the consumer against all consequences of non-conformity, defects or latent defects of products sold.

In accordance with the requirements of Article 4 of Decree No. 78-464 of March 24, 1978, the provisions hereof may not deprive the buyer of the legal guarantee which obliges the professional seller to guarantee him against all consequences of hidden defects of the thing sold, pursuant to Articles 1641 et seq. of the Civil Code.

In accordance with the provisions of Article L.211-15 of the Consumer Code, it is recalled: Article L.211-4 of the Consumer Code "The seller is required to deliver a good in conformity with the contract and is responsible for defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his expense by the contract or has been carried out under his responsibility."

Article L.2ll-5 of the Consumer Code "To be in conformity with the contract, the goods must: Be fit for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labeling; Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by him."

Article L.21l-12 of the Consumer Code "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."

Article 1641 of the Civil Code "The seller is bound by the warranty due to hidden defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them."

Article 1648 of the Civil Code "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."

ARTICLE 11 - LIABILITY AND GUARANTEE FRAMEWORK

Plant Pattern will not be held responsible in particular in case of misuse, lack of maintenance, negligence, placement in places unsuitable for the use of its products by the customer.
Plant Pattern cannot be held responsible for any allergic reaction to the products sold. It is the responsibility of the customer to inquire about his sensitivity to possible allergies to plants and vegetables.
Plant Pattern warns the customer that some plants may be toxic. As such, Plant Pattern cannot be held responsible for any medical problems related to the products sold. It is the responsibility of the customer to find out about the harmfulness of certain plants and vegetation.
The products are described and presented with the greatest precision, in particular through photographs and descriptions which indicate the shape, the color and the dimensions. However the responsibility of Plant Pattern could not be committed if light variations related to the reproduction of the images or to the constraints of production can be noted. The photos and dimensions of the plants present on the site are not contractual.

ARTICLE 12 - OPTIONAL TOOLS

We may provide you with access to third party tools over which we have no monitoring, control or influence.

You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We will have no legal liability arising from or related to the use of such optional third party tools.

If you use any optional tools offered on the Site, you do so at your own risk and discretion, and you should consult the terms and conditions on which such tools are offered by the applicable third-party vendor(s).

We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions.

ARTICLE 13 - THIRD PARTY LINKS

Some content, products and services available through our Service may include material from third parties.

Links from third parties on this site may redirect you to third party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, product, service or other item accessible on or from these third-party sites.

We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with these third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding these third party products should be submitted to these same third parties.

ARTICLE 14 - COMMENTS, SUGGESTIONS AND OTHER USER PROPOSALS

If, at our request, you submit specific content (e.g., to enter contests), or if without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by mail, or otherwise (collectively, "Comments"), you grant us the right, at any time, and without limitation, to edit, copy, publish, distribute, translate, and otherwise use in any media any Comments you send us. We are not and shall not be required to (1) maintain the confidentiality of any Comments; (2) pay compensation to anyone for any Comments provided; or (3) respond to Comments.

We may, but have no obligation to, monitor, edit or remove content that we believe, in our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions.

You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any unlawful, libelous, defamatory, offensive or obscene material, nor will they contain computer viruses or other malicious software that could in any way affect the operation of the Service or any associated website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are solely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments you post or that any other third party posts.

ARTICLE 15 - PERSONAL INFORMATION

The submission of your personal information on our store is governed by our Privacy Policy.

ARTICLE 16 - PROHIBITED USES

In addition to the prohibitions set forth in the Terms and Conditions, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to induce others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial, or state law, rule, or regulation; (d) to infringe or violate our or third parties' intellectual property rights; (e) harass, abuse, insult, hurt, defame, slander, libel, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated, unrelated website or the Internet; (h) to collect or track the personal information of others (i) to spam, phish, hijack, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.

ARTICLE 13 - LIMITATION OF LIABILITY

We make no warranty or representation that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable.

You agree that from time to time we may discontinue the Service for indefinite periods of time or cancel the Service at any time without prior notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided on an "as is" and "as available" basis for your use without representation, warranty or condition of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall Plant Pattern, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs, or any similar damages, whether in contract, tort (even negligence), in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product from the Service, or for any other claim relating in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such claims arising. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

ARTICLE 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Plant Pattern, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents referenced herein, or your violation of any law or the rights of a third party.

ARTICLE 15 - DISSOCIABILITY

In the event that any provision of these Terms and Conditions of Sale and Use shall be deemed unlawful, void or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Sale and Use, such severance not to affect the validity and enforceability of any remaining provisions.

ARTICLE 16 - TERMINATION

The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.

These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or not. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If we determine, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these Terms of Sale and Use, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts owed up to (and including) the date of termination, and/or we may deny you access to our Services (or any portion thereof).

ARTICLE 17 - COMPLETENESS OF AGREEMENT

Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions of Sale and Use or any other operating policies or rules we post on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Sale and Use).

Any ambiguity as to the interpretation of these Terms of Sale and Use shall not be construed to the detriment of the drafting party.

ARTICLE 18 - APPLICABLE LAW

These Terms and Conditions of Sale and Use, as well as any separate agreements through which we provide Services to you, shall be governed by and construed in accordance with the laws in force at 10 AVENUE WALWEIN, MONTREUIL, J, 93100, France.

ARTICLE 19 - CHANGES TO THE GENERAL TERMS OF SALE AND USE

You can view the most recent version of the General Terms of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of such changes.

COORDINATES

Questions regarding the Terms and Conditions should be sent to us at [email protected].