GENERAL CONDITIONS OF SALE from 16 December 2015
French and international legislation on copyright and intellectual property rights apply to this entire website. All reproduction rights are reserved for the texts, graphics, images, audio and video clips contained on this website. Reproduction of the website as a whole or a part thereof on an electronic medium or any other medium is prohibited.
The images and texts shown here serve as an illustration for the products displayed and cannot be construed as a fixed contract. In accordance with French law the simplified joint stock company GRAINES BAUMAUX can therefore not be held responsible for any errors that may be contained in any of these images or texts.
Any order placed through our website www.tomatobomo.com implies unreserved acceptance by the customer of these General Terms and Conditions prior to each order.
The customer must be able to act lawfully and to use the site in accordance with these General Terms and Conditions. It is required for all buyers who wish to order our goods to complete his/her data (name and surname, address, telephone number, e-mail).
The customer is financially responsible for use of the site in his/her name and on behalf of third parties, including minors, unless he/she can prove fraudulent use that is not the result of fault or negligence on his/her part. The customer is also responsible for providing true and accurate information, including that provided by third parties using his/her data on this website.
II. Pricing and payment
The prices of our products are stated in Euros, inclusive of all taxes (including VAT), but excluding the cost of packaging and shipping.
Order payment through the Internet is only accepted by VISA, EUROCARD or e-Carte Bleue.
Bank details used for trade transactions are not stored on the site of the retailer. Only the website of the bank to which payment transactions are relayed stores this data in a secure environment, in accordance with the applicable international regulations concerning banking safety.
III. Validity of prices:
From 16 December 2015 up to and including 15 December 2016 for seeds, treatment products, gardening tools.
Orders are placed exclusively through the Internet.
Before placing an order, the customer can view a summary of his/her order(s) in the shopping basket, which shows an overview of the products selected plus the total amount of the order.
After having read and accepted the General Terms and Conditions the customer confirms the order and payment method.
V. Order and payment confirmation
The order can only be confirmed once the sales and payment terms have been accepted.
All of the information provided and the registered confirmation constitute proof of the transaction.
A confirmation e-mail of the registered order is sent to the buyer.
The customer is advised to keep this e-mail and/or to print it out.
VI. Delivery and implementation term:
Standard delivery cost for all orders destined for mainland France is € 4.
Standard shipping costs to other European countries, including Switzerland, amount to € 6.
Shipping is not available for any other country, including foreign French departments and territories.
Shipping is not available from 20 December 2015 up to and including 15 January 2016
Shipping is done through LA POSTE from 15 January 2016 up to and including 15 December 2016.
CLOSED from 23 June up to and including 22 August 2016.
Registrations are processed in order of receipt.
Since our business is highly seasonal we employ three times the normal number of staff during the first four months of the year. We make every effort to process your order as soon as possible, but throughout the months of February, March and early April you should expect a delivery period of two weeks. Please be prepared and place your orders on time.
VII. Right of cancellation:
7-1. Application area
Under the provisions of Article L 121-21 of the French Consumer Code, you have 14 days to cancel your order, commencing on the date on which the package is delivered or when the final package of a multiple order is delivered. To exercise this right you need to submit a cancellation form or submit an alternative statement that unequivocally states that you wish to cancel your order to GRAINES BAUMAUX - PO Box 100 - 88503 MIRECOURT CEDEX and you have to return all of the products included in your order, in their original packaging, to us within a period of 14 days, starting from the date of notification of your decision to cancel your order. You are responsible for return postage. The refund is to be provided by means of a bank transfer within a period of 14 days, starting from the date on which GRAINES BAUMAUX received notification of your intention to cancel your order. If we do not receive the merchandise or proof that the items have been shipped within this period, the refund will be deferred until the merchandise has been received or until proof has been received that the items have been returned. The right of cancellation does not apply for goods that spoil or expire quickly or that have been inseparably mixed according to their nature after delivery with other articles. (See the cancellation form)
Complaints/declarations from the customer must be sent to:
GRAINES BAUMAUX – PO Box 100 – F-88503 MIRECOURT CEDEX - France
Tel.: (+33) 03 29 43 00 00
Fax: (+33) 03 29 36 93 51
Head Office: 3 FERME DU CHATEAU 8500 MAZIROT - France
Only mail orders, no shop, no show garden
Simplified joint stock company under French law with a capital of € 1,000,000, Trade register of Epinal (France) B 331 221 200 - VAT no.: FR 74 331 221 200
NAF code (Nomenclature d’Activés Françaises): 4791 B
Certificate of approval no. LO 20323 for the distribution of pesticides
IX. Exchanges and refunds
Subject to exercising the right of cancellation, force majeure (relocation, death), or non-compliant delivery within the meaning of Article L211-5 of the French Consumer Code, the customer is not allowed to exchange or to receive a refund after confirmation of the order and of payment.
Article L211-5 of the French Consumer Code stipulates that:
"To conform to the contract, the product must:
1 be suitable for the purpose usually associated with such a product and, if applicable:
* correspond to the description given by the seller and have the
features that the seller presented to the buyer in the form of a sample or model;
* must have the qualities that the buyer could reasonably expect, given the public statements made by the seller, the manufacturer or its representative, particularly with regards to advertising or labelling;
2 or have those characteristics which have been determined by agreement between those parties, or be suitable for any specific use as required by the buyer and been communicated to the seller who has agreed.
Requests must be submitted by registered letter to the head office.
No guarantee is provided that the website is free of anomalies, errors or bugs, nor that it can be repaired or that the website will operate continuously without interruptions or errors.
The system is in no way responsible for any foreseeable or unforeseeable damages resulting from the use of or prevention or restriction of use of the website.
The customer declares to be familiar with the properties and limitations of the Internet, particularly with regard to its technical performance and the response time to consult data or to download files and the risks associated with safe communication.
XI. Nominative information
The information requested from the customer is in accordance with French law no. 78-17 of 6 January 1978 on automation, files and freedom required for the processing of his/her order.
The customer retains the right to access and correct data that apply to him/her. This data can be provided upon request and corrected or modified in case of error.
The data collected is intended for online sales of products and goods of Graines Baumaux, purely in order to process the customer's order and to send information and/or offers to the customer.
XII. Applicable law
French law applies to disputes related to the General Terms and Conditions and in general on all purchases made through the website.