Legal Mentions

Legal Mentions

Privacy Policy

Collecting Personal Information

When you visit this Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases.  In this Privacy Policy, we refer to any information that can uniquely identify an individual.

Device information

  • Examples of Personal Information collected: Version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
  • Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
  • Source of collection: Collected when you access our Site using cookies, log files, web beacons, tags, or pixels.
  • Disclosure for a business purpose: shared with our processor Shopify.

Order information

  • Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.
  • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
  • Source of collection: collected from you.
  • Disclosure for a business purpose: shared with our processor Shopify.

 

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

We use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

You can opt-out of targeted advertising by:

Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

 

Using Personal Information

In general, it is possible for you to visit the Site without communicating any personal information about yourself. In any event, you are in no way obliged to provide us with this information. However, you may not be able to benefit from certain services.

We may ask you to provide information ("Personal Information"):

  • first name and surname 
  • e-mail address
  • gender
  • telephone number
  • postal address
  • age/date of birth 
  • your opinion on our products
  • payment information (on E-commerce Support)
  • your purchase history (in E-Commerce Support)
  • any special requests you may have (mainly for archiving purposes)
  • photos or videos of you that you wish to share


In accordance with the General Data Protection Regulation adopted by the European Parliament on April 14, 2016, and the French Data Protection Act of January 6, 1978 as amended, we inform you that by providing this information, you expressly agree that it will be processed for the purposes indicated below:

  • in order to provide you with the information or services that you have requested to receive (ordering a product for sale on our Site or sending you our newsletters following your registration); and/or
  • to collect information that allows us to improve our Site, products and services (including through the use of cookies); and/or
  • to be able to contact you about possible events related to our business, including product updates and customer support.


Recipients
We are the sole recipient of your Personal Information. Your Personal Information is never transmitted to a third party. Our company does not, under any circumstances, market the personal data of visitors and Users of its Site.

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

  1. Your consent
  2. The performance of the contract between you and the Site
  3. Compliance with our legal obligations
  4. To protect your vital interests
  5. To perform a task carried out in the public interest
  6. For our legitimate interests, which do not override your fundamental rights and freedoms

Retention

Your Personal Information is kept by our company only for the time corresponding to the purpose of the collection as indicated in above, which in any case should not exceed 24 months.

You have rights concerning your Personal Information, which you may exercise by writing to us at our email address or by using the contact form on our Site.

If you are already a customer, you can directly modify your Personal Information and download the data we keep for the follow-up of your orders and our relationship directly into your customer account.

Right of access and communication of data
You have the right to access your Personal Information. However, due to the obligation of security and confidentiality in the processing of personal data incumbent upon us, you are informed that your request will be processed on condition that you provide proof of your identity, in particular by producing a scan of your valid identity document (in the event of a request via our dedicated electronic form) or a signed photocopy of your valid identity document (in the event of a request made in writing).

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

  • Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
  • Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

    Your rights

    If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below

    Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

     

    CCPA

    If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased.

    If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.

     

    Cookies

    We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

    For more information about cookie control tools, you can consult the CNIL website: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.

    We use the following cookies to optimize your experience on our Site and to provide our services.

    Cookies Necessary for the Functioning of the Store

    Name Function
    _ab Used in connection with access to admin.
    _secure_session_id Used in connection with navigation through a storefront.
    cart Used in connection with shopping cart.
    cart_sig Used in connection with checkout.
    cart_ts Used in connection with checkout.
    checkout_token Used in connection with checkout.
    secret Used in connection with checkout.
    secure_customer_sig Used in connection with customer login.
    storefront_digest Used in connection with customer login.
    _shopify_u Used to facilitate updating customer account information.

    Reporting and Analytics

    Name Function
    _tracking_consent Tracking preferences.
    _landing_page Track landing pages
    _orig_referrer Track landing pages
    _s Shopify analytics.
    _shopify_fs Shopify analytics.
    _shopify_s Shopify analytics.
    _shopify_sa_p Shopify analytics relating to marketing & referrals.
    _shopify_sa_t Shopify analytics relating to marketing & referrals.
    _shopify_y Shopify analytics.
    _y Shopify analytics.

     

    The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

    Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

    Please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

    Changes

    Please note that this Privacy Policy may be modified or supplemented at any time, particularly in order to comply with any legislative, regulatory, jurisprudential or technological developments. In such a case, the date of its update will be clearly identified at the top of this policy. These modifications are binding on the User as soon as they are put online. It is therefore advisable that the User regularly consults the present policy of confidentiality and use of cookies in order to be aware of its possible modifications.

    Complaints
    If you believe that our site does not respect its obligations with regard to your Personal Information, you can address a complaint. In France, the competent authority is the CNIL, to which you can send a request electronically by clicking on the following link: https://www.cnil.fr/fr/plaintes/internet.

    Unless express consent is required by the personal data protection laws of your country, you consent to our collection and use of your Personal Data in the manner described in this Policy and to the transfer of your Personal Data to countries other than your own (including to countries outside the European Union).

     

    Contact

    For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@terracegardenfrance.com.

    Last updated: 04 February 2023

     

    Orders can be canceled at any time before their shipment. 

    To be eligible to return your orders, they must return to us in the same condition that you received them, accompanied by the proof of purchase. Buyers are responsible for return shipping costs. If the item is not returned in its original condition, the buyer is responsible for any loss in value.


    To request a return, you can contact us at info@terracegardenfrance.com. Items sent back to us without first requesting a return will not be accepted.

     

    Damages and issues
    Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item so that we can immediately evaluate the issue and make it right. Due to the living nature of the plants, please contact us within 24 hours of delivery with a photo of the plant as well as the packaging. Do not dispose of the plants or packaging, as we may request their return. 

     

    Exceptions / non-returnable items
    We cannot accept returns on gift cards.

     

    Refunds
    We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded via your original payment method. Please remember it can take some time for your bank or credit card company to process the refund too.

     

     

    Shipping Policy

    We are happy to offer healthy and high-quality plants from France.

    We prepare them for ideal shipping conditions by sending them bare-root, meaning that they have roots but they are not in soil. They are packed with the utmost care, delicately wrapped in toilet paper and other padding. We strive to use recycled, second-hand, and plastic-free material as often as possible. The parcels are then sent by post by LaPoste or Chronopost.

    The shipping price always includes a tracking number.

    We cannot control what happens once the item has been shipped. Shipping times vary between 2 days and 2 weeks, depending on the location and other factors, such as transport strikes, pandemics, and bad weather. 

    I am unable to provide a phytosanitary certificate and cannot be responsible if it is held or destroyed in customs.

     

    Terms of Sale

    Order
    By placing an order on this site, the customer acknowledges having read and accepted the terms of sale. Shipping costs are automatically calculated according to the destination and the amount of the order. A confirmation of the order receipt is automatically sent to the customer by email.

    Cancellation
    Cancellations can be placed up to the moment they are shipped. However, being perishable items, we do not accept the refusal or return of parcel once it has been shipped.

    Prices
    The prices are indicated in Euros, taxes included. Shipping costs are added automatically upon checkout.

    Guarantees
    The quality of each plant is checked before shipping to ensure healthy plants in excellent health. The stocks are regularly updated, however, in case of unavailability of a plant, we will propose a refund.

    The good health of the plants depends on the care given after delivery. However, in the event of a problem noticed when unpacking upon delivery, we will ask for a photograph of the plant in order to evaluate the problem and who is to be held responsible.

    The routing of the parcels is under the responsibility of the delivery service. In case of delay, loss, or damage to the package during transport, Terrace Garden Frane cannot be held responsible, and the complaint must be filed with LaPoste or Chronopost.

     

    Terms of Service

    OVERVIEW
    This website is operated by Terrace Garden France. Throughout the site, the terms “we”, “us” and “our” refer to the team at Terrace Garden France. Terrace Garden France 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 our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

    By accessing or using any part of the site, you agree to be bound by these Terms of Service. 

    Any new features or tools which are added to the current store shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

    Our store is hosted on Shopify Inc.

    ONLINE STORE TERMS
    By agreeing to the Terms of Service, you represent that you are at least the age of majority in your place of residence. You may not use our products for any illegal or unauthorized purpose. You may not transmit any worms or viruses or any code of destructive nature.

    GENERAL CONDITIONS
    We reserve the right to refuse service to anyone for any reason at any time.
    Credit card information is always encrypted during transfer over networks.
    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.


    ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
    The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

    MODIFICATIONS TO THE SERVICE AND PRICES
    Prices for our products are subject to change without notice.
    We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
    We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

    PRODUCTS OR SERVICES (if applicable)
    We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
    We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

    ACCURACY OF BILLING AND ACCOUNT INFORMATION
    We reserve the right to refuse any order you place with us. We may, in our discretion, limit or cancel purchases of orders placed by or under 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 make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

    You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

    For more detail, please review our Returns Policy.


    THIRD-PARTY LINKS
    Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. 

    USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
    If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
    We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
    You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

    ERRORS, INACCURACIES AND OMISSIONS
    Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
    We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

    PROHIBITED USES
    In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

    In no case shall Terrace Garden France be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related 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 via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

    TERMINATION
    The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
    These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
    If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

    ENTIRE AGREEMENT
    The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
    These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
    Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

    GOVERNING LAW
    These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of France.

    CONTACT INFORMATION
    Questions about the Terms of Service should be sent to  info@terracegardenfrance.com.

     

    Owner of Website

    Terrace Garden France

    07 84 44 44 37

    info@terracegardenfrance.com

    Date of creation of enterprise: 01 January 2020

    Legal status: Individual entrepreneur

    SIRET Number: 89211624500010