Terms and conditions
1. Seller and scope
These Terms and Conditions of Sale (“Terms”) govern sales of SOUL GARDEN products to customers acting for business purposes (“Customer”). They apply together with the accepted quotation and any special terms it contains. If they differ, the special terms accepted for the order prevail over these Terms.
The seller is SOUL GARDEN, a single-member simplified joint-stock company with share capital of €10,000, registered office at 35 rue des Tisserands, 59126 Linselles, France, registered under number 909 944 936 RCS Lille Métropole. President: COLUMBA. Contact: contact@soul-garden.fr.
2. Products and options
SOUL GARDEN offers beechwood pet funeral urns, with or without artificial plant decoration, and the options described in the quotation. An engraved heart and a personalised memorial plaque are mutually exclusive: the same urn cannot have both. A plaque may bear a name, a date, or both, and no other text.
The references, quantities, options and ordered product features are those stated in the accepted quotation.
3. Quotations and orders
A quotation is valid for one month from its issue date. An order is formed when the Customer returns the quotation by email, signed and bearing the company stamp. Any later change to an order must be accepted in writing by both parties.
4. Prices and payment
Prices are stated in euros excluding VAT. Applicable VAT is shown separately in the quotation and invoice.
Unless special terms in the quotation provide otherwise, payment is due within 30 days from the invoice date. If the quotation provides for payment when the order is placed, that term applies to the relevant order.
Late payment: any overdue unpaid amount will, automatically and without reminder, incur late-payment interest from the day after the payment date shown on the invoice. The rate will equal the European Central Bank interest rate applied to its most recent refinancing operation plus 10 percentage points. The rate in force on 1 January applies for the first half of the year and the rate in force on 1 July for the second half; it may not be lower than three times the statutory rate of interest. A fixed recovery charge of €40 is due. Where documented recovery costs exceed that charge, additional compensation may be claimed as permitted by law.
5. Preparation and delivery
The usual preparation time is 5 to 8 business days, excluding transport. For these Terms, business days are Monday through Friday, excluding public holidays applicable at SOUL GARDEN’s registered office in France. SOUL GARDEN delivers throughout Europe by Colissimo or, for larger orders, by pallet carrier. The delivery method, arrangements and charges are stated in the quotation. Preparation time excludes transport; these Terms do not guarantee a transport time.
The Customer is invited to check the parcel and products on receipt. If a product is damaged or defective, the Customer must email contact@soul-garden.fr with photographs of the product and its packaging. SOUL GARDEN will review the circumstances and, as appropriate, replace the product or refund the price. This process does not limit rights arising under applicable statutory warranties.
6. Transfer of title and risk
SOUL GARDEN retains title to the products until the price, including principal and ancillary amounts, has been paid in full. This retention of title is agreed in writing through the accepted quotation. Risk of loss or damage passes to the Customer when the products are physically handed over to the Customer or to the person designated by the Customer to receive them, without prejudice to mandatory applicable rules.
7. Warranties
SOUL GARDEN remains bound by applicable statutory seller warranties, including the warranty against hidden defects under Articles 1641 et seq. of the French Civil Code. These Terms set no contractual claim-reporting deadline and provide no warranty exclusion. Statutory rights and time limits remain applicable.
8. Intellectual property
Product models, photographs, text, graphic elements and other content created or used by SOUL GARDEN remain protected by applicable intellectual-property rights. The Customer may not reproduce or use them beyond uses authorised in writing by SOUL GARDEN.
9. Force majeure
In contractual matters, force majeure exists where an event beyond the debtor’s control, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation. If the impediment is temporary, performance is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is terminated by operation of law and the parties are released from their obligations under Articles 1351 and 1351-1 of the French Civil Code.
10. Personal data
Personal data required to handle enquiries and orders is processed under SOUL GARDEN’s Privacy Policy. The Customer may contact contact@soul-garden.fr with questions.
11. Governing law and disputes
These Terms and the orders they govern are subject to French law. The parties will seek an amicable solution to any dispute. If they cannot agree, the dispute will be brought before the courts having jurisdiction under the ordinary rules of law.