1. Scope
These Terms and Conditions of Sale (the “Terms”) govern sales concluded on hoyaterra.com between HoyaTerra, an agricultural sole proprietorship (the “Seller”), and any natural person acting for non-professional purposes (the “Customer”).
The shop is intended exclusively for consumers. Sales are limited to Metropolitan France, including Corsica, the other countries of the European Union, and Switzerland.
The Customer must read the Terms before confirming an order. Confirming the order constitutes acceptance of the version of the Terms displayed on that date.
2. Seller identification
Le Vendeur est EI Ophélie CONTET, entreprise individuelle agricole, qui exploite la boutique sous le nom commercial HoyaTerra. Adresse professionnelle : 8 avenue Henri Barbusse, 66310 Estagel, France. Téléphone : 06 51 50 18 68. Contact électronique : contact@hoyaterra.com. SIREN : 930 776 307. Immatriculation : Registre national des entreprises.
The Customer may submit any enquiry using the contact form.
3. Products
HoyaTerra sells fresh, unrooted cuttings of collectable Hoyas, cut to order from mother plants carefully grown in France.
Each product page states the species or cultivar offered, the number of nodes, the number or presence of leaves, the price and any particular characteristics of the cutting sold.
Photographs show the mother plant and illustrate the species or cultivar. They do not show the exact cutting that will be dispatched. Shape, size, colour and variegation may naturally vary from one cutting to another.
The Customer is invited to read the product page carefully before ordering. Products may remain visible when unavailable; a product with no stock cannot be added to an order.
4. Prices
Prices are stated in euros. Delivery charges are added separately and shown to the Customer before final confirmation of the order.
The applicable price is the price shown on the product page at the time of ordering. The total amount payable is summarised before payment.
In the event of an obvious pricing error that makes it unreasonable to regard the offer as accurate, HoyaTerra will inform the Customer as soon as possible. If the order cannot be fulfilled at the displayed price, any sums already paid will be refunded in full.
5. Customer account
La création d’un compte client est obligatoire pour passer une commande. Le compte peut être créé depuis la page « Mon compte » ou pendant la validation de la commande. Un lien sécurisé est envoyé par courriel au nouveau Client pour lui permettre de choisir son mot de passe.
The Customer undertakes to provide accurate information and keep it up to date. The Customer is responsible for keeping login details confidential and must promptly report any unauthorised access using the contact form.
6. Order process
The Customer selects the desired products and quantities, checks the basket, enters their details, chooses an available delivery method, reads these Terms and then makes payment.
Before payment, the Customer may correct the information and contents of the order. The order becomes binding once payment has been confirmed and HoyaTerra has sent the order confirmation.
The confirmation summarises the essential details of the order. The Customer must check that the delivery address is correct and report any error immediately. A change can no longer be guaranteed once preparation or dispatch has begun.
HoyaTerra may refuse an order for a legitimate reason, including suspected fraud, a payment irregularity, a legal or phytosanitary restriction, exceptional unavailability or a previous unresolved payment dispute. Any amount charged for a refused order will be refunded.
7. Availability and stock
The available stock is shown for each product and decreases automatically after a sale. Orders are accepted subject to available quantities.
If an item is found to be exceptionally unavailable after payment, HoyaTerra will inform the Customer and, depending on the circumstances, offer a refund for the unavailable cutting, a replacement accepted by the Customer or cancellation of the order. The refund will be made without undue delay and within the statutory time limits.
8. Payment
Payment is made immediately and in full by bank card, in euros, through Stripe.
Full card details are processed directly by the payment provider and are not stored by HoyaTerra. The order is prepared only after payment has been confirmed.
If payment is declined or not completed, the order is not confirmed. An approved refund will be made using the payment method used for the order.
9. Preparation and cold-weather period
As cuttings are taken to order, preparation begins once payment has been confirmed. Orders placed before 8 p.m. on Saturday are dispatched on Monday only. An order placed after this deadline is normally dispatched on Monday of the following week, subject to weather and phytosanitary conditions.
From 1 November to 31 March inclusive, a 72-hour heat pack must be added to the basket for any order containing at least one cutting. This additional protection limits the effects of cold weather but does not guarantee a constant temperature throughout transit.
When forecast temperatures present an excessive risk to the plants, dispatch may be postponed, including where the order includes a heat pack. The Customer will be informed by email and the order will be dispatched on the first Monday with sufficiently favourable conditions.
If cold weather persists, HoyaTerra may temporarily suspend sales. Products will remain visible for information but cannot be ordered. Sales will resume when dispatch conditions are favourable.
10. Delivery areas, methods and charges
Metropolitan France, including Corsica:
- Mondial Relay: €6.90;
- Colissimo home delivery: €8.90;
- Chronopost Express : 19,90 € ;
- livraison offerte à partir de 70,00 € d’achat pour Mondial Relay et Colissimo. Chronopost Express est exclu de la livraison offerte.
Other European Union countries and Switzerland: Colissimo international au tarif de 14,90 €. Chronopost Express est également proposé selon la destination, au tarif affiché sur la page Delivery et lors de la commande. Chronopost Express est exclu de la livraison offerte.
For delivery to a pickup point, the Customer must select an available location and check the information provided. The Customer is responsible for collecting the parcel within the period set by the carrier.
For Switzerland, any duties, import taxes, customs-clearance charges or administrative fees requested on arrival by the authorities or the carrier are not included in the prices and delivery charges paid to HoyaTerra, unless expressly stated otherwise before the order. They are payable by the recipient.
11. Delivery time and tracking
The applicable delivery time or date is communicated to the Customer before the order is confirmed where it can be determined. Unless a more precise time is stated or otherwise agreed, delivery will take place without undue delay and no later than thirty days after the contract is concluded.
A tracking link or number is provided where the carrier permits. The Customer must provide a complete and accessible address. If an incorrect or incomplete address, or a failure to collect attributable to the Customer, requires the parcel to be sent again, the actual costs of redelivery may be charged after the Customer’s agreement.
HoyaTerra remains the Customer’s point of contact for the proper performance of delivery by the carriers it offers. The risk of loss or damage passes to the Customer when they take physical possession of the parcel.
12. Plant passport
Each cutting is accompanied by a plant passport that complies with the rules applicable to the relevant trade. HoyaTerra may suspend or refuse dispatch where a phytosanitary, customs or protected-species restriction legally prevents shipment.
13. Receipt and claims
The Customer is invited to examine the parcel and the cuttings as soon as they are received. If a product is missing, incorrect, visibly damaged in transit or does not conform to the description, the Customer is asked to submit a claim within 24 hours using the contact form. contact form.
The request must state the order number, the cutting concerned and the nature of the problem, and include clear photographs of the parcel, label, packaging and cutting. These items make it possible to assess the condition of a living plant promptly and, where necessary, submit a claim to the carrier.
The 24-hour period facilitates the handling of transit damage but does not deprive the Customer of mandatory statutory guarantees. Failure to record reservations with the carrier does not remove the Customer’s rights of recourse against HoyaTerra.
14. Right of withdrawal
Cuttings are living, fresh plants and may deteriorate rapidly. Under Article L. 221-28, 4° of the French Consumer Code, the fourteen-day right of withdrawal cannot be exercised for goods liable to deteriorate or expire rapidly.
The Customer may nevertheless request cancellation as soon as possible before the cutting is taken. Where preparation has not begun, HoyaTerra may accept the cancellation and refund the order. Once the cutting has been taken, cancellation can no longer be guaranteed.
15. Returns and refunds
Where a claim is justified, HoyaTerra will offer the remedy provided by the statutory guarantees and suited to the living nature of the product: replacement where possible, a price reduction or a refund in accordance with the statutory conditions.
Under HoyaTerra’s commercial policy, a refund will in principle cover the cutting concerned. Other conforming products and delivery charges will not be refunded, except in the event of a clear error by HoyaTerra or where the law requires different treatment.
No return should be made without prior instructions. Where a physical return is necessary, the instructions and return address will be provided directly to the Customer after the request has been reviewed. Costs will be covered according to the reason for the return and the applicable statutory rules.
Full details of the procedure are set out in the Refund policy.
16. Fresh cutting and no rooting guarantee
HoyaTerra guarantees the dispatch of a fresh cutting, carefully prepared and conforming to the description at the time of dispatch.
HoyaTerra provides no commercial guarantee regarding rooting, establishment, future growth or the future appearance of the cutting after receipt. These results depend in particular on temperature, humidity, light, growing medium, handling and the care provided by the Customer.
The absence of a commercial guarantee concerning future development does not limit the statutory guarantee of conformity applicable to the condition and characteristics of the cutting at the time of delivery.
17. Statutory guarantees
Statutory guarantee of conformity and guarantee against hidden defects
The consumer has two years from delivery of the goods to invoke the statutory guarantee of conformity where a lack of conformity appears. During this period, the consumer is required to establish only the existence of the lack of conformity, not the date on which it appeared.
The statutory guarantee of conformity entitles the consumer to repair or replacement of the goods within thirty days of the request, free of charge and without major inconvenience.
If the goods are repaired under the statutory guarantee of conformity, the consumer receives a six-month extension of the original guarantee. If the consumer requests repair but the seller requires replacement, the guarantee is renewed for two years from the date of replacement.
The consumer may obtain a price reduction while keeping the goods, or terminate the contract and receive a refund against return of the goods, if the trader refuses to bring the goods into conformity, if conformity is restored after thirty days, if it causes major inconvenience or if the lack of conformity persists after an unsuccessful attempt to remedy it.
The consumer may also obtain an immediate price reduction or terminate the contract where the defect is sufficiently serious. Termination is not available where the defect is minor.
Any period during which the goods are unavailable for repair or replacement suspends the remaining guarantee period. These rights arise under Articles L. 217-1 to L. 217-32 of the French Consumer Code.
The consumer also benefits from the statutory guarantee against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code, for two years from discovery of the defect. This guarantee allows a price reduction if the goods are retained, or a full refund against return of the goods.
18. Personal data
The data required for the account, order, payment, delivery, invoicing and after-sales service are processed as described in the Privacy policy.
19. Evidence and retention
Electronic confirmations, order data, correspondence and invoices retained under conditions that ensure their integrity may serve as evidence of the transaction. The Customer can view orders from the customer account and retain the emails and documents received.
20. Force majeure
Neither party is liable for a failure directly caused by an event meeting the statutory criteria for force majeure. The affected party will inform the other as soon as possible. This clause does not deprive the Customer of mandatory rights in the event of delay or non-delivery.
21. Claims, mediation and applicable law
These Terms are governed by French law, without depriving a consumer residing in another country of any more protective mandatory provisions that apply to them.
In the event of a difficulty, the Customer must first submit a written claim using the contact form in order to seek an amicable solution. contact form afin de rechercher une solution amiable.
Conformément aux dispositions du Code de la consommation relatives au processus de médiation des litiges de consommation, après avoir adressé une réclamation écrite à HoyaTerra et à défaut de réponse satisfaisante, le consommateur peut recourir gratuitement à une procédure de médiation auprès de : CM2C, 49 rue de Ponthieu, 75008 Paris — téléphone : 01 89 47 00 14 — courriel : litiges@cm2c.net — déclarer un litige auprès de CM2C.
Mediation is not compulsory and does not deprive the consumer of the right to bring proceedings before the competent court.
22. Version and language
The applicable version is the version accepted at the time of the order. The French version is the reference version. Any translations offered at a later date are intended to facilitate consultation without depriving the Customer of mandatory rights.