GTC
1. SCOPE
These General Terms and Conditions of Sale (hereinafter "GTC") are concluded between, on the one hand, SARL LES REINBAU (trade name "Tchungle"), SARL with a capital of €10,000 registered with the RCS of Strasbourg under number 878 318 229 00019, having its registered office at 20, rue de la Division Leclerc, 67000 Strasbourg, and on the other hand, any person who has made a purchase from the site www.tchungle.com, hereinafter referred to as the "Customer". Any purchase on the site www.tchungle.com (hereinafter the "Site") automatically entails the acceptance of all of these conditions, which the Customer acknowledges having read prior to his order.
2. ORDERS
The Customer fills a virtual basket with the products he has selected. It indicates the number of copies and, if applicable, the size and color of the desired product. He can then check the details of his order. The Customer can then click on the “Proceed to payment” button and add information relating to the delivery and payment methods. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
The Customer must also accept these T&Cs by clicking where indicated. The Customer then receives an e-mail confirming receipt of the order by Tchungle.
Tchungle reserves the right to accept or not the modification of a Customer's order after its confirmation and to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order. . The order is validated when payment has been received in full by Tchungle.
Validation of the order implies acceptance of these general conditions of sale, fully and without reservation.
3. PRICE
The prices indicated in Euro are deemed to be inclusive of VAT, excluding shipping costs.
SARL LES REINBAU (Commercial name: Tchungle) reserves the right to modify its price at any time without notice, knowing that the products are invoiced on the basis of the price in force when the order is recorded. The rates take into account any reductions that may be granted by Tchungle on the Site.
The price is payable in full and in a single payment when ordering.
All orders are invoiced and payable in Euros by credit card via the secure Monetico payment gateway or by Paypal.
4. DELIVERY & SHIPPING
Tchungle (Sarl les Reinbau) offers several local delivery methods:
– in Click & Collect, in its shops in Strasbourg (20, rue de la division Leclerc and 16b, rue de Molsheim)
- delivery by bike in the CUS via our partner Cyclgogne (https://www.lacyclgogne.com/).
The online sales offers presented on the Site are reserved for consumers residing in Metropolitan France, the European Union and Switzerland.
Delivery means the transfer to the Customer of physical possession or control of the Product.
All plant orders will be shipped once a week, on Tuesdays & Wednesdays only, with the exception of local orders placed by Click'n'Collect or delivery by bike, and all non-vegetable products , which are shipped all week
This applies to orders placed between Sunday and the Saturday preceding the current Tuesday.
Tchungle offers you different delivery or delivery methods depending on the nature of the product:
- delivery via GLS;
- physical withdrawal in one of the two shops;
- bicycle delivery on the CUS via La Cyclgogne
The delivery costs are explicitly specified on the Site before proceeding to the payment of the order. The amount of the delivery costs may vary depending on the delivery address of the order, and where applicable the mode of transport selected by the Customer, which the Customer expressly acknowledges and accepts.
The products are delivered to the delivery address indicated by the Customer at the time of the order. The Customer is solely responsible for a failure to deliver due to a lack of information or an error in the address when ordering.
Except in special cases or unavailability of one or more products, the products ordered will be delivered in one go.
The delivery times for an order depend on the delivery method chosen by the Customer and are indicated on the Site at the time of the order. They include its preparation, shipping and delivery to the delivery address indicated by the Customer.
Delivery times exclude Saturdays, Sundays, Mondays and public holidays.
Tchungle undertakes to make its best efforts to deliver the products ordered by the Customer within the time specified. However, these deadlines are given for information only.
Tchungle using external service providers (carriers, postal services, etc.) for the delivery of products, Tchungle is totally dependent on these third-party service providers. The delivery times indicated on the Site may thus be impacted by the service providers without Tchungle being responsible for these delivery delays and the consequences that could result therefrom.
If the products ordered have not been delivered within two (2) months after the indicative delivery date and for any reason other than force majeure or the act of the Customer, the sale may be canceled at the written request of the Customer under the conditions provided for in articles L.216-2 and L.216-3 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or deduction.
The Customer is required to check the condition of the packaging and the products delivered upon delivery. He has a period of 24 hours from delivery to formulate complaints by e-mail to hello@tchungle.fr accompanied by all the supporting documents relating thereto (in particular photos and/or videos).
After this period and failing to comply with this procedure, the products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by Tchungle in accordance with the provisions of article L221-15 of the Consumer Code.
Tchungle will refund or replace as soon as possible and at its expense the products delivered whose lack of conformity or visible or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L.217-4 and following of the Code. of consumption and those provided for in these GCS.
In the event of the recipient's absence and the package being pending, Tchungle cannot be held responsible for the final quality of the delivery if the recipient is late in collecting their package from the services concerned.
5. DESCRIPTION OF PRODUCTS
The Site is an online sales site (hereinafter the “Products”) open to any natural or legal person using the Site (the “Customer”) presented on the site.
The Products presented on the Site are each the subject of a description mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document.
6. RESERVES ON STATE, QUANTITIES AND TITLE
The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or non-conformity of the products in kind or in quality with respect to the instructions on the order form. Any complaint made after this period will be rejected.
The complaint can be made by e-mail: hello@tchungle.fr.
Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.
7. RETENTION OF OWNERSHIP
The products remain the property of SARL LES REINBAU until the final collection of the price in its entirety.
On the other hand, the transfer of the risks of loss and deterioration of the products is effective upon delivery and receipt of the order by the buyer.
8. RIGHT OF WITHDRAWAL
Under Article L.221-28 of the Consumer Code, the right of withdrawal does not apply to goods likely to deteriorate or expire such as plants. The Customer does not benefit from the right of withdrawal when ordering plants on the Site or any other product corresponding to the criteria set out above.
However, concerning products other than plants marketed on the Site (non-perishable) and application of articles L.221-5 and following of the Consumer Code, the Customer has a period of fourteen (14) days from the day of receipt of the products to exercise his right of withdrawal and request an exchange or refund of any unsuitable product, with the exception of the return costs which remain the responsibility of the Customer.
The right of withdrawal can be exercised by e-mail at hello@tchungle.fr or by post addressed to Tchungle at the postal address indicated in article 1 of these GCS by means of a declaration of withdrawal devoid of ambiguity and expressing the will to retract.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing their immediate re-marketing. Damaged, soiled or incomplete products are not taken back. Tchungle will only refund returned products when they have actually been received and their new condition has been verified.
The exchange (subject to available stocks) or reimbursement will be made within fourteen (14) days of receipt by Tchungle of the products returned by the Customer under the conditions provided for in Article L.221-24 of the Consumer Code.
9. DATA PROTECTION
Tchungle attaches particular importance to the protection of the personal data of users visiting the Site. In accordance with the GDPR regulations, Tchungle is committed to respecting the privacy and protecting the personal data of Customers and visitors to the Site.
When the Customer makes a purchase or creates an account on the www.tchungle.com site, Tchungle collects personal information necessary for the management of the order and the delivery of the package such as the first and last name, the e-mail address, postal address and telephone number. Tchungle does not collect any banking data. Banking information is processed and stored securely by external payment service providers.
Tchungle does not share or trade Customers' personal data.
At the stage of the order on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to place the orders.
The various personal data are not kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.
In application of the regulations applicable to personal data, the Customer has the right to access, modify and delete his personal data. Each Customer is also entitled to request a limitation of the processing of his data and also has a right to data portability as well as a right to oppose the processing of personal data concerning him.
The Customer may exercise these rights by contacting Tchungle at the following address:
or by e-mail at hello@tchungle.fr
In any event, the Customer may file a declaration with the CNIL on the site https://www.cnil.fr.
10. APPLICABLE LAW
The settlement of any dispute between the parties, whatever their nature and cause, will be submitted to the Courts of Strasbourg. The parties elect domicile at the address of the registered office of SARL Les Reinbau and the place of delivery on the date of the order for the Customer.