CONDITONS

AND TERMS

 

last updated 01/09/2020

Welcome and thank you for visiting HomePotager.com (“Site”) or our HomePotager mobile application (“App”) and our Terms and Conditions (“Terms”).

Home Potager SAS (“Home Potager,” “We,” “Our,” “Us” or “Company”) owns and operates this Site and the Application. You agree to be bound by the following Terms when you: (1) use, access, or visit the Site; (2) use or access the Application; (3) purchase or receive any good or service offered through the Site and/or Application, including, but not limited to, HomePotager’s growing device (“Farm tower”), “Products”, “Nutrients” and “Accessories”; (4) listen to, access, or view any of the text, audio, video, graphics, or other content featured on the Site or App (“Content”); (5) access links to or view, or upload or link messages or content to HomePotager’s social media pages or accounts, on third party social media websites, including, but not limited to, Facebook, Instagram, Twitter and LinkedIn (“Social Media”).

About us

Home Potager is a French company created in 2016 which sells vertical and connected urban vegetable garden kits for households as well as fertilizers (nutrients) and their accessories designed and adapted for the HomePotager tower kit. Home Potager offers a smart vegetable garden:

  • allowing the stacking of small receptacles to accommodate and grow up to 18 different plants (fruits, vegetables, herbs, flowers, …) on 0.5 m² on the ground,
  • connect to a smartphone application including innovative services (eg sending alerts for plants needing water or nutrients);
  • with a high yield, able to produce up to 100kg of harvest per year.

The goal of Home Potager is to combine efficiency, ease and performance, all in an eco-responsible approach. The purpose of these conditions and terms of sale is to define the terms and conditions under which the User may benefit from the products offered by the company Home Potager (with the mailing address at: 2 Allée Maryse Bastié – 91620 Nozay – France ) on its website www.homepotager.com  

Article 1 – Price

  • The prices are indicated in euros, all taxes included (20% VAT, eco-participation, etc.), excluding the contribution to handling and delivery costs. The prices offered on www.homepotager.fr only apply to orders placed on the internet and are only valid while stocks last.
  • In the event of an order to a country other than mainland France, you are the importer of the product (s) concerned. For all products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of Home Potager. They will be your responsibility and are your sole responsibility, both in terms of declarations and payments to the competent authorities and / or bodies in your country. We advise you to inquire about these aspects with your local authorities.
  • Home Potager reserves the right to modify its prices at any time but the products will always be invoiced on the basis of the rates in effect at the time of order entry, subject to availability.
  • The products remain the property of Home Potager until full payment of the price. We remind you that the moment you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.

 Article 2 – Order

2.1 You can buy online at www.homepotager.fr if you are of legal age and live in France. Ordering does require registration.

2.2 In the event of an online order on our site www.homepotager.fr, the order is considered irrevocable from the last “acceptance click” and can only be called into question in the cases exhaustively provided for below. This last “click” is assimilated to the handwritten signature referred to in article 1341 of the French Civil Code. A confirmation email is returned once the order has been registered. By keeping this email and / or printing it, the customer has proof of his order. By sending the order form, the customer authorizes Home Potager to debit the customer’s payment card for the total amount of the order. The validated order is only considered effective when the relevant bank payment centers have given their consent. In case of refusal of the said centers, the order is automatically canceled.

Article 3 – Payment

We remind you the fact of validating your order implies your obligation to pay the indicated price. Payment for your purchases can be made using the means of payment accepted by Home Potager indicated in the “Methods of payment” section.

3.1 Orders are payable in cash or in 3x free of charge. No product will be delivered before receipt of payment.

3.2 In addition to the net price of the goods, the shipping costs and the VAT in force at the time of issuance of the invoice will appear on the invoice.

3.3 You can pay with the following payment cards: Visa, MasterCard and Visa Electron. Order securely with an SSL protected connection 3.4 Payment of your order in 3X free of charge by credit card on the HomePotager KITs

3.4.1 General Conditions This payment is exclusively reserved for individuals, on our website, whose billing address is located in metropolitan France for any purchase of a KIT 50 or a KIT100 exclusively with accepted payment cards CB / Visa / MasterCard. This service is offered after validation of your product basket (KIT 50 or KIT100) and by choosing the payment option “Pay in 3 installments without charge”. Payment is made by credit card free of charge, without supporting documents or specific formalities or acceptance deadline. Payment will be accepted only under the following cumulative conditions (on the day of your order): – Your account must be funded with the amount of the first installment; – The expiration date of your card must be greater than the date of your last monthly payment, ie 61 days after the date of order

Échéances Date de prélèvement Montant
1st payment The day of order validation 40% total amount (VAT included)
2nd payment 30 calendar days after the date of the order 30% total amount (VAT included)
3rd payment 60 calendar days after the date of the order 30% total amount (VAT included)
Exemple
For the purchase of the KIT 100 at € 590 incl. Tax in 3x free of charge
Your timeline will be as follows: 
1st payment on the day of order validation = 230 € TTC
2nd 30 days later = 180 € TTC
3rd 60 days later = 180 € TTC

APR 0%
Booking fees: 0 €

3.4.2 Validation Of The Contract

After validating your basket on our website, and choosing the payment method “3 installments without charge” by credit card, you will be redirected to a secure page showing a detailed summary of your order, the amount of each due date and their collection dates. The maximum duration between the first and the last payment must not exceed a total duration of 3 months. Confirmation of the payment method is done by the so-called “double-click” technique, that is to say, that you have read and accept our general conditions of sale, payment and delivery by checking the box “I have read and I accept the conditions of sale”. You acknowledge that the “double click” associated with acknowledgment of having read the general conditions constitute consent to contract and constitute an irrevocable and unreserved acceptance of these general conditions

Article 4 – Security

Our site is the subject of a security system. We have adopted the SSL encryption process, but we have also reinforced all of the scrambling and encryption processes to protect as effectively as possible all sensitive data related to means of payment.  

Article 5 – Shipping

The products are delivered to the delivery address that you indicated during the ordering process within the period indicated on the order validation page by the customer.

5.1 Delivery Time We deliver the products to you safely and quickly. Allow 3-5 days for delivery. You can also be delivered within 48 hours at an additional cost. However, linked to other delivery partners, Home Potager cannot guarantee this deadline, which is only given as an indication. If the delivery is delayed for any reason, notify us as soon as possible by email at sav@homepotager.fr, we will inform you as best as possible and give you a tracking number. If the merchandise has not been delivered, please inform our Customer Service within 2 weeks of placing your order.

5.2 Delivery in mainland France. In the event of delivery by a carrier requiring an appointment with the customer, the latter will contact you as soon as possible to arrange a delivery appointment with you, at the latest 5 days from the date of your order validation. Home Potager can not be responsible for late delivery due exclusively to unavailability of the customer after several appointment proposals by the carrier. When you order multiple products at the same time and they have different delivery times, the order delivery time is based on the furthest time. Home Potager reserves the right to split shipments. Participation in processing and shipping costs will only be invoiced for one shipment. In the event of a delay in shipping, an email will be sent to you to inform you of a possible consequence on the delivery time that has been indicated to you. In the event of late delivery, we will suggest a new delivery time by email. We remind you that when you (or a third party designated by you) take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.

Article 6 – Right to retract

6.1 Legal period of the right of withdrawal

In accordance with the legal provisions in force, you have a period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify reasons or pay a penalty. After communication of your decision to exercise your right of withdrawal within this 14-day period, you have another 14 days to return the product (s) affected by the withdrawal. Within this period, the customer will have the choice of requesting either the reimbursement of the sums paid or the exchange of the product. The product must be returned in perfect condition in its original packaging.

6.2 Conditions for exercising the right of withdrawal

If the right of withdrawal is exercised within the period referred to in 6.1, only the price of the product (s) purchased and the shipping costs will be reimbursed, with the return costs remaining at your expense. The customer must, prior to any return of the product, contact Home Potager Customer Service by email at sav@homepotager.fr, in order to learn about the return procedure. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-marketed in new condition, and, if possible, accompanied by a copy of the purchase invoice for a optimized management. In the event of depreciation of the product resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of the product, you may be held liable. To exercise your right of withdrawal, in accordance with the legal provisions, you will find attached in Annex 1 the standard withdrawal form to be sent to us at the following address: HOME POTAGER – Service Clientèle – 2 Allée Maryse Bastié – 91620 Nozay. You can exercise your right of withdrawal by any means at HOME POTAGER and in particular by post or email expressing your desire to withdraw without any ambiguity, and mentioning the order concerned by this withdrawal. Once the form or declaration of withdrawal has been sent to HOME POTAGER at the latest within 14 days of receipt of your order, you must return the product (s) concerned to HOME within 15 days of sending the form or the declaration of withdrawal to HOME POTAGER

6.3 Return mail address

Home Potager / NGI ZA Charles Granger 72600 MAMERS France

6.4 – Refund

In the event of the exercise of the right of withdrawal, HOME POTAGER will reimburse the sums paid (including delivery costs) no later than 14 days from the date on which HOME POTAGER is informed of your decision to withdraw. and according to the same means of payment as that used for the order (except your express agreement for a refund by another means of payment). This reimbursement date may be postponed until recovery of the product or until you have provided proof of shipment of the product, the date chosen being that of the first of these facts. HOME POTAGER is under no obligation to reimburse you for any additional costs associated with the return costs.

Article 7 – Guarantees

Our products are guaranteed for a period of two years by HOME POTAGER from the date of purchase.

7.1 This guarantee thus enables you to obtain free repair of your product or its exchange, subject to the cost conditions provided for by law. Failing this, if repair or exchange is impossible or could not be implemented within one month of taking charge, HOME POTAGER will reimburse you for the price of your product. To make use of this guarantee, the products must be returned to us in the state in which you received them with all the elements (accessories, instructions, etc., as well as a copy of the purchase invoice. The products returned by postage must be in packaging allowing transport in good conditions.The cost of returning the product is your responsibility.

7.2 Any complaints must be sent in writing to HOME POTAGER by email at the address: sav@homepotager.fr. After the warranty period of 2 years, they may no longer be admitted. Any complaint must include details of the use of the item, the date of purchase and the location of the defect. We reserve the right to either replace the defective item, or repair it, or establish a credit for the value of the invoice price.

7.3 The warranty is strictly limited to the replacement of defective parts. In the event of abnormal wear and tear due to negligence, abnormal use or lack of maintenance on the part of the customer, the contractual guarantee does not apply. The replacement of the parts or the article and the execution of the guarantee does not have the consequence of extending the duration specified in the conditions above.

7.4 For a period of 2 years from the date of purchase, you can also benefit from free telephone support from our advisers by HOME POTAGER 7 days a week in the event of difficulties in commissioning, using or maintaining your product. Contact us at sav@homepotager.fr

Article 8 – Applicable rights – Disputes – Force Majeure

8.1 Applicable law

This agreement is subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.

8.2 disputes

Any dispute will be subject to French law and will fall under the jurisdiction of the Commercial Court of Evry even in the event of a warranty claim or multiple defendants, except in the event of a dispute with consumers.

8.3 Force Majeure

Expressly, are considered as cases of force majeure, in addition to those usually retained by the case law of French courts and tribunals: total or partial strikes (internal or external to the company), bad weather, epidemics, blocking of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, total or partial blocking of telecommunications and communication means, including networks and services, and all other cases beyond the express will of the parties and preventing the normal performance of these.