General Terms and Conditions of Sale — sales on marketplaces

Version of 30 September 2026 — cancels and supersedes any previous version.

Article 1 — Identity of the seller

The website sas-mv.com (hereinafter the “Website”) is operated by:

MV, a simplified joint-stock company with a share capital of €1,000, registered with the Auch Trade and Companies Register (RCS) under number 812 607 216 (SIRET 812 607 216 00023, intra-Community VAT number FR06 812 607 216, APE code 4690Z), whose registered office is located at Route de Tillac D3, Zone industrielle, 32230 Marciac, France, trading under the name Jardiboutique (hereinafter “Jardiboutique” or the “Seller”).

Contact: contact@sas-mv.com — Telephone: 05 62 03 58 57 (standard-rate call).

Article 2 — Purpose and scope

These general terms and conditions of sale (the “GTCS”) govern sales of products concluded between Jardiboutique and any buyer, whether a consumer or a business (the “Customer”), through the online marketplaces on which Jardiboutique offers its products (in particular Amazon, Cdiscount, ManoMano, eBay; hereinafter the “Marketplace”).

The sas-mv.com Website is not intended to receive direct orders. It serves as a reference catalogue and information resource for the products that Jardiboutique sells on the Marketplaces. The information and prices shown on it are provided for guidance only and do not constitute an offer for sale: only the product page and the offer displayed on the Marketplace at the time of the order are authoritative. Orders, payment and order tracking take place on the Marketplace chosen by the Customer. Sales concluded by Jardiboutique on its own online stores are governed by their own general terms and conditions and not by these GTCS.

If, exceptionally, an order is placed directly on the Website, it is governed by these GTCS; references to the Marketplace (order, payment, messaging, refund) shall then be understood as referring to the Website and to the address contact@sas-mv.com.

Sales governed by these GTCS are restricted to deliveries within metropolitan France (see Article 7.1).

For each sale, the seller is Jardiboutique (the company MV), and not the operator of the Marketplace. The Customer is also bound by the Marketplace’s terms of use, which govern the use of the Marketplace (account, placing orders, payment, messaging, complaint procedures). These GTCS supplement those terms with regard to the Seller’s obligations. In the event of any conflict between these GTCS and the Marketplace’s terms, the provisions most favourable to the consumer Customer shall apply.

All communications relating to an order (question, complaint, return, warranty, damage) should preferably be made through the Marketplace messaging service, which keeps a record of the exchanges. The contact details given in Article 1 may still be used to exercise the rights that the law allows to be exercised by any means (withdrawal, legal guarantees, personal data).

These GTCS are brought to the Customer’s attention, before the order is confirmed, in Jardiboutique’s seller information area on each Marketplace; they may also be consulted on the Website. By confirming the order, the Customer acknowledges having read and accepted them. The Customer may save or print them. They prevail over the general terms and conditions of purchase of business Customers, unless otherwise agreed in writing in advance by Jardiboutique, and apply without prejudice to the information shown on the product pages and to mandatory statutory provisions.

Certain provisions of these GTCS apply only to consumer Customers (in particular the right of withdrawal and the legal guarantees under the French Consumer Code); others apply only to business Customers (Article 14). The provisions applicable to consumers also benefit non-professionals within the meaning of the French Consumer Code.

Article 3 — Products

The products are described on the Marketplace product page and on the Website as accurately as possible (description, characteristics, photographs). The photographs depict the products as faithfully as possible; minor variations in the appearance of the packaging may occur at the manufacturers’ initiative, without any change to the characteristics of the product. If the product delivered differs from the characteristics presented, the Customer benefits from the legal guarantees and, if a consumer, from the right of withdrawal. In the event of an obvious error in a description or price, Jardiboutique informs the Customer via the Marketplace messaging service and cancels the order with a full refund via the Marketplace; the Customer remains free to order the product again on the corrected terms.

Offers are valid while stocks last and, for products not held in stock, subject to availability from Jardiboutique’s suppliers; the corresponding delivery time is then stated on the Marketplace.

Article 4 — Prices

The applicable price is the one displayed on the Marketplace at the time the order is confirmed. Prices are stated in euros, inclusive of all taxes (French VAT at the applicable rate). Delivery charges are shown to the Customer by the Marketplace before the order is confirmed; the total amount payable (products + delivery) appears in the order summary.

Prices charged on the Marketplaces may differ from one Marketplace to another and from those charged on Jardiboutique’s other sales channels. Jardiboutique reserves the right to change its prices at any time with future effect; orders already confirmed are not affected.

Article 5 — Orders

The order is placed by the Customer on the Marketplace, following the Marketplace’s own ordering process, which allows the Customer to check the details of the order and its total price and to correct any errors before finally confirming it.

The sale is concluded between the Customer and Jardiboutique when the order is finally confirmed on the Marketplace. An acknowledgement of receipt of the order is sent to the Customer by email by the Marketplace; the Customer is advised to keep it.

Jardiboutique may cancel an order only if the product is unavailable, in the event of an obvious pricing error (under the conditions of Article 3), if delivery is requested outside the area defined in Article 7.1, or in the event of a serious suspicion of fraud. The Customer is informed as soon as possible and all sums paid are refunded in full via the Marketplace.

Article 6 — Payment

The price is payable in full when the order is placed. Payment is made on the Marketplace, using the payment methods it offers, and the Marketplace collects the price on behalf of Jardiboutique. Jardiboutique never has access to the Customer’s bank details. Cash on delivery is not accepted.

Article 7 — Delivery

7.1 Delivery area: metropolitan France only

Products sold under these GTCS are delivered exclusively within metropolitan France. No deliveries are made abroad or to the French overseas departments, regions and territories. Owing to their weight or dimensions, certain products may not be deliverable to certain destinations (in particular Corsica and the islands); where applicable, the available destinations are shown on the Marketplace when ordering. Deliveries are not made to PO boxes or to military addresses (forces postal sectors).

7.2 Delivery address and Customer information

The Customer is solely responsible for the accuracy and completeness of the delivery information entered on the Marketplace: full address (street number and name, building, floor, postcode, town), door code or access instructions where applicable, and a mobile telephone number, which is passed on to the carrier for delivery tracking by text message. This information is used solely for delivery purposes, under the conditions of Article 12. The Customer must notify Jardiboutique without delay, via the Marketplace messaging service or at contact@sas-mv.com, of any error noticed before dispatch.

Jardiboutique fulfils its delivery obligation by handing the parcel over to the carrier for delivery to the address provided by the Customer. If delivery fails owing to an error, omission or inaccuracy in this information attributable to the Customer, Jardiboutique cannot be held liable (Article L. 221-15 of the French Consumer Code). If the parcel is returned to Jardiboutique for this reason, Jardiboutique informs the Customer via the Marketplace messaging service. The Customer may place a new order on the Marketplace or obtain a refund of the order via the Marketplace, less, where the Marketplace’s rules so permit, the return costs actually invoiced to Jardiboutique by the carrier.

7.3 Delivery methods and times

Jardiboutique uses several carriers (in particular Colissimo, DPD and Mondial Relay). The available delivery methods, their rates and their delivery times are presented to the Customer on the Marketplace before the order is confirmed.

Jardiboutique delivers on the date or within the time frame stated when the order is placed. If no date or time frame is stated, Jardiboutique delivers no later than thirty (30) days after the conclusion of the sale, in accordance with Article L. 216-1 of the French Consumer Code.

7.4 Late delivery

A postponement caused by the Customer does not constitute a late delivery attributable to Jardiboutique, in particular: where the Customer changes the delivery date, time slot, place or address directly with the carrier; or where the carrier has invited the Customer, by text message or email, to schedule, confirm or reschedule the delivery and the Customer has not responded. In such cases, the delivery period is suspended until the date actually rescheduled or until the Customer replies to the carrier.

If the products are not delivered on the date or by the end of the period announced, the consumer Customer may require Jardiboutique, in writing (including via the Marketplace messaging service), to make the delivery within a reasonable additional period. If delivery is not made within that new period, the Customer may terminate the contract in writing; the contract is terminated upon receipt of that notice by Jardiboutique. The contract may, however, be terminated immediately, without any additional period, if Jardiboutique refuses to deliver or if it is clear that it will not deliver, or if the delivery date was an essential condition of the contract for the Customer. Jardiboutique then refunds all sums paid no later than fourteen (14) days after termination (Articles L. 216-6 and L. 216-7 of the French Consumer Code).

7.5 Transfer of risk and receipt

For consumer Customers, the risk of loss of or damage to the products passes to the Customer when the Customer (or a third party designated by the Customer, other than the carrier) takes physical possession of them (Article L. 216-2 of the French Consumer Code).

The Customer is advised to check on delivery, in the carrier’s presence where possible, not only the external condition of the parcel but also its contents. Jardiboutique ships its products in new packaging: a crushed, punctured, deformed or opened box is therefore never normal and should lead the Customer to open the parcel and inspect the goods before signing the delivery note. In the event of damage or missing items, the Customer is advised to enter precise and detailed reservations on the delivery note (describing the condition of the product itself, for example “product broken”, rather than simply “parcel damaged”), to refuse the parcel in the event of significant damage, and to inform Jardiboutique as soon as possible (Marketplace messaging service or contact@sas-mv.com), with supporting photographs.

The Customer is invited to report any damage to Jardiboutique upon delivery and no later than noon on the following day: carriers allow Jardiboutique only very short periods to lodge its own reservations, and immediate reporting preserves this recourse. Any damage claim reported within this period, with supporting photographs, is given priority handling. This reporting period is a recommendation: failure to observe it does not deprive the consumer Customer of the legal guarantees or of the rights arising under these GTCS.

For business Customers, any apparent damage or missing item must be reported to Jardiboutique no later than 12 noon on the day following delivery. In addition, the business consignee is responsible for inspecting the goods upon receipt and for notifying the carrier, by extrajudicial act or by registered letter, of any reasoned protest within three (3) days, excluding public holidays, following the day of receipt, under the conditions of Article L. 133-3 of the French Commercial Code.

7.6 Partial delivery

If part of the order is unavailable, Jardiboutique may make a partial shipment after informing the Customer; the shipping costs of any additional shipment(s) are borne by Jardiboutique. The Customer may instead choose to be refunded for the unavailable products, under the conditions laid down by law.

7.7 Delivery to a pick-up point or parcel locker and collection of the parcel

Where the Customer chooses delivery to a pick-up point or parcel locker, the collection point selected when ordering constitutes the agreed place of delivery. In accordance with the obligation of delivery (Article 1604 of the French Civil Code), delivery is deemed to have taken place as soon as the parcel is made available at that collection point. The Customer is informed of this by the carrier, by email and/or text message, and receives the information needed to collect the parcel.

The Customer is responsible for collecting the parcel within the collection period indicated by the carrier, in accordance with the Customer’s obligation to take delivery (Articles 1608 and 1657 of the French Civil Code). This article does not affect the transfer of risk provided for in Article 7.5.

If the parcel is not collected within that period, it is automatically returned to Jardiboutique. Such failure to collect is attributable to the Customer. In that case: the initial delivery charges, corresponding to a service performed in full, remain payable to Jardiboutique; the costs of returning the parcel are borne by the Customer; to receive the product again, the Customer places a new order on the Marketplace. If the Customer definitively abandons the order, the price of the products is refunded via the Marketplace after actual receipt of the returned parcel, less the delivery and return costs where the Marketplace’s rules so permit.

Jardiboutique invites the Customer to report any collection difficulty as soon as possible, so that effective action can be taken with the carrier. The above arrangements apply subject to the Marketplace’s own guarantees.

Article 8 — Right of withdrawal (consumer Customers)

8.1 Principle

In accordance with Article L. 221-18 et seq. of the French Consumer Code, the consumer Customer has a period of fourteen (14) days from receipt of the last product in the order to exercise the right of withdrawal, without having to give reasons or bear any costs other than the return costs.

The simplest way to exercise this right is to use the Marketplace’s return function: from their customer account on the Marketplace, the Customer selects the order concerned and the product(s) to be returned, then confirms the return request. This request constitutes a statement of withdrawal.

The Customer may also give notice of withdrawal by any other unequivocal statement: a message via the Marketplace messaging service, an email to contact@sas-mv.com or a letter sent to the registered office address, where appropriate using the model form set out in the annex hereto, although its use is not compulsory.

The 14-day period is a statutory minimum. Where the Marketplace’s returns policy or the return conditions stated in the offer grant a longer period (in particular during the end-of-year holiday season) or provide for free returns or a prepaid label, those conditions apply. The Customer can consult them on the order page on the Marketplace.

8.2 Return of products

The Customer sends the products back to Jardiboutique (Route de Tillac D3, Zone industrielle, 32230 Marciac) without undue delay and no later than fourteen (14) days after communicating the decision to withdraw. The return costs are borne by the Customer, unless the Marketplace’s policy provides otherwise. For products which, by reason of their weight or dimensions, cannot normally be returned by post, the cost of return by carrier is estimated at an amount approximately equal to the outbound delivery charges applicable to the product concerned, as displayed when the order was placed.

Where the Marketplace provides a return label, the Customer may use it in accordance with its terms. Otherwise, the Customer is advised to return the products in their original packaging, complete (accessories, instructions), by a tracked service with signature on delivery, keeping the proof of postage. For business Customers, returns must be made by a tracked service with signature on delivery; failing this, the business Customer bears the burden of proving that the return was actually received by Jardiboutique.

Returned products must be new, unused, complete and in their original condition. The Customer may of course inspect the products as they would in a shop; the Customer may be held liable only for any diminished value resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the products (Article L. 221-23 of the French Consumer Code). Accordingly, for products delivered in transparent packaging allowing the product to be checked without opening it, a product returned unnecessarily unpacked, assembled, used or showing signs of use may give rise to a deduction for diminished value, proportionate to the loss of value observed, from the refund. The diminished value is assessed on a case-by-case basis and the reasons are explained to the Customer.

8.3 Refund

Jardiboutique refunds the Customer all sums paid, including the initial delivery charges (at the cost of the least expensive standard delivery method offered), no later than fourteen (14) days after the date on which it is informed of the withdrawal. Jardiboutique may withhold the refund until it has received the products back or until the Customer has supplied evidence of having sent them back. The refund is made via the Marketplace, using the payment method used for the order. Where the Marketplace’s rules require a shorter refund period, Jardiboutique refunds within that period.

8.4 Exceptions

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised in particular for:

• products made to the Customer’s specifications or clearly personalised (made-to-measure items, cut-to-size products, etc.);
• products which, once unsealed by the Customer, cannot be returned for reasons of hygiene or health protection (for example unsealed water treatment or animal hygiene products);
• products which, after delivery, are by their nature inseparably mixed with other items;
• products liable to deteriorate or expire rapidly.

Article 9 — Legal guarantees

All products sold benefit from the legal guarantee of conformity (Article L. 217-3 et seq. of the French Consumer Code) and the guarantee against hidden defects (Article 1641 et seq. of the French Civil Code), independently of any commercial guarantee.

To implement a legal guarantee, the Customer contacts Jardiboutique (Marketplace messaging service, contact@sas-mv.com or 05 62 03 58 57), describing the defect observed, with supporting photographs if possible. The costs of returning a non-conforming product are borne by Jardiboutique.

Certain products additionally benefit from a commercial guarantee from the manufacturer or importer, the duration and scope of which are specified on the product page or in the documentation accompanying the product. The commercial guarantee is in addition to the legal guarantees and in no way replaces them.

The Customer may also benefit from the Marketplace’s own guarantees (for example the Amazon A-to-z Guarantee, the eBay Money Back Guarantee or ManoMano’s Garantie Béton), under the conditions laid down by the Marketplace. These guarantees are in addition to the legal guarantees and do not replace them; however, the same sum cannot be refunded twice for the same defect.

Where the manufacturer or importer has provided this information to Jardiboutique, the period during which spare parts essential to the use of the products will be available (or their unavailability) is stated on the product page (Article L. 111-4 of the French Consumer Code).

Article 10 — Out-of-warranty after-sales service

For a repair not covered by the legal guarantees or by a commercial guarantee, the Customer may, on simple request via the Marketplace messaging service, obtain from Jardiboutique the contact details of the after-sales service of the product’s manufacturer or importer.

Article 11 — Take-back of used products

In accordance with Article L. 541-10-8 of the French Environmental Code, for products covered by an extended producer responsibility scheme (in particular electrical and electronic equipment: pumps, pool robots, salt chlorinators, power tools, etc.), Jardiboutique takes back free of charge, upon the purchase of an equivalent new product (“one-for-one” take-back), the used product that the Customer wishes to dispose of, on request via the Marketplace messaging service: Jardiboutique then informs the Customer of the take-back arrangements. The Customer may also drop off used products free of charge at the collection points of approved producer responsibility organisations (in particular ecosystem.eco for electrical equipment) or at a household waste recycling centre.

Article 12 — Personal data

The Customer’s personal data necessary for performing the order (identity, delivery address and telephone number, order details) are transmitted to Jardiboutique by the Marketplace. MV processes them, as data controller, solely for the purposes of performing the order, delivery, after-sales service and compliance with its legal obligations (in particular accounting obligations), in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation, “GDPR”) and the French Data Protection Act, as amended. They are not used for direct marketing purposes, are not added to the customer files of Jardiboutique’s other sales channels, and are disclosed only to the carriers and technical service providers involved in performing the order. They are kept for as long as necessary to perform the order and to handle returns and warranty claims, within the limit set by the Marketplace’s rules; thereafter, only the data required to meet legal obligations (in particular accounting obligations) are retained, for that sole purpose.

The Customer has the right to access, rectify, erase, restrict, object to the processing of and port their data, which they may exercise by writing to contact@sas-mv.com. The Customer may also lodge a complaint with the CNIL (www.cnil.fr). The processing of data by the Marketplace itself is governed by the Marketplace’s privacy policy.

Article 13 — Intellectual property

All elements of the Website (texts, photographs, illustrations, logos, structure, databases) are protected by intellectual property law and are the exclusive property of MV or its partners. Any reproduction or representation, in whole or in part, for purposes other than viewing, is prohibited without prior written authorisation. The trade marks and logos of the manufacturers of the products sold remain the property of their respective owners.

Article 14 — Special provisions for business Customers

The provisions of this article apply exclusively to sales concluded with business Customers acting in the course of their business.

Retention of title. The products delivered remain the property of MV until full payment of their price, including principal and ancillary amounts. The risks are nevertheless transferred to the Customer upon delivery.

Guarantees. The legal guarantees under the French Consumer Code do not apply to business Customers. The guarantee against hidden defects applies under the conditions of the French Civil Code.

Liability. With respect to business Customers, Jardiboutique’s liability, on whatever grounds and except in the case of personal injury, gross negligence or wilful misconduct, is limited to the amount, inclusive of taxes, of the order concerned; Jardiboutique is not liable for indirect losses (operating losses, loss of turnover, damage to reputation).

Jurisdiction. Any dispute with a Customer who is a trader shall be submitted to the commercial court within whose jurisdiction MV’s registered office is located, notwithstanding multiple defendants or third-party proceedings. For other business Customers, the ordinary rules of jurisdiction apply.

Article 15 — Liability — Force majeure

Jardiboutique is automatically liable to the consumer Customer for the proper performance of the obligations arising under the distance contract, under the conditions of Article L. 221-15 of the French Consumer Code.

Jardiboutique cannot, however, be held liable for non-performance or improper performance of the contract attributable to the Customer, to the unforeseeable and insurmountable act of a third party unconnected with the contract, or to an event of force majeure within the meaning of Article 1218 of the French Civil Code. Jardiboutique is not responsible for the operation of the Marketplace (availability, payment processing), which is the responsibility of its operator.

The products are intended for the use described in their documentation; the Customer is responsible for complying with the installation, operating and maintenance instructions provided.

Article 16 — Complaints and consumer mediation

In the event of a complaint, the Customer is invited first to contact Jardiboutique, via the Marketplace messaging service or at contact@sas-mv.com (05 62 03 58 57 — letter to the registered office), which will endeavour to find an amicable solution. The Customer retains the option of using the Marketplace’s own complaint procedures.

In accordance with Article L. 612-1 et seq. of the French Consumer Code, if the disagreement persists after a prior written complaint to Jardiboutique, the consumer Customer may refer the matter, free of charge, to the consumer mediator to which the company MV belongs:

SAS Médiation Solution
222 chemin de la Bergerie, 01800 Saint-Jean-de-Niost
Website: https://www.sasmediationsolution-conso.fr
Email: contact@sasmediationsolution-conso.fr
(membership number of the company MV / Jardiboutique: 17619/VM/2512)

To be admissible, the mediation request must include: the applicant’s postal address, telephone number and email address; the name, address and membership number of the trader concerned (the company MV, trading as Jardiboutique, membership 17619/VM/2512); a brief statement of the facts; a copy of the prior complaint sent to Jardiboutique; and any document enabling the request to be examined.

The mediator named above has jurisdiction over disputes relating to Jardiboutique’s obligations as seller; disputes relating to the operation of the Marketplace itself fall within the remit of any mediator designated by its operator.

Mediation is neither compulsory nor a bar to legal action; the Customer remains free to bring the matter before the courts.

Article 17 — Governing law and jurisdiction

These GTCS and the sales they govern are subject to French law.

Failing an amicable settlement or mediation, any dispute with a consumer Customer falls within the jurisdiction of the competent courts under the ordinary rules; the consumer may bring proceedings, at their choice, before any of the courts having territorial jurisdiction under the French Code of Civil Procedure or before the court of the place where they resided at the time the contract was concluded or the harmful event occurred (Article R. 631-3 of the French Consumer Code).

Article 18 — Miscellaneous

Should any provision of these GTCS be held null and void or unenforceable, the remaining provisions shall remain in full force and effect. Jardiboutique’s failure at any time to enforce any provision hereof shall not constitute a waiver of its right to enforce it subsequently.

The computerised records of Jardiboutique and of the Marketplace, kept under reasonable security conditions, are accepted as evidence of the communications, orders and payments made between the parties, unless proven otherwise; the Customer retains the right to provide evidence by any means.

These GTCS are drawn up in French, which is their official language. This translation is provided for convenience only; in the event of any discrepancy or difficulty of interpretation, the French version shall prevail.

Annex — Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To MV, Route de Tillac D3, Zone industrielle, 32230 Marciac, contact@sas-mv.com:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*): ____________
Name of consumer(s): ____________
Address of consumer(s): ____________
Signature of consumer(s) (only if this form is notified on paper): ____________
Date: ____________

(*) Delete as appropriate.