Returns and refund policy

This policy applies to purchases made from Pro Allium, a trading name of PRODUCTIO EURL, in particular on the website allium-sativum.com or by quotation. It supplements our general terms and conditions of sale.

1. Customers concerned

Professional customers

You are a professional when you buy for the purposes of your business.

Professional orders do not benefit from the right of withdrawal that applies to distance sales to consumers, subject to the special cases provided for by law.

A commercial return or a cancellation at your request requires our prior agreement. Your rights in the event of a defective product, non-conforming delivery or failure to fulfil the order still apply.

Consumer customers

You are a consumer when you are an individual buying for purposes outside your business.

You benefit from the right of withdrawal for eligible products, as well as the applicable legal guarantees.

The customer’s status depends on the purpose of the purchase. Providing a SIRET number or intra-EU VAT number may help identify a professional purchase, but is not in itself the deciding criterion.

2. Consumers’ right of withdrawal

2.1 — Deadline and notification

For eligible products, you have fourteen days from receipt to notify us of your decision to withdraw, without having to give reasons or pay any penalty.

For an order comprising several goods delivered separately, the period runs from receipt of the last item.

You can exercise your right using the form at the end of this policy or by sending any unambiguous statement:

• by email to plants-pro@plants-pro.com;

• by post to PRODUCTIO EURL — Pro Allium, 9 rue Bernard Palissy, 25000 Besançon, France.

2.2 — Excluded products

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply in particular to:

• goods that are liable to deteriorate or expire rapidly;

• goods made to your specifications or clearly personalised;

• goods which, after delivery and by their nature, are inseparably mixed with other items.

Certain bulbs, plants or other plant products may fall under the exception for rapidly perishable products, depending on their characteristics and shelf life. The applicable exclusion is brought to your attention before you order.

The mere fact that a product is a live plant, that its packaging has been opened or that standard packaging was chosen is not in itself sufficient to exclude the right of withdrawal.

These exceptions do not remove your rights in the event of a defective or non-conforming product.

2.3 — Returning eligible products

After notifying us of your withdrawal, you must return the products without undue delay and no later than fourteen days after that notification.

The direct costs of return are at your expense where you were informed of this before ordering. For goods that cannot normally be returned by post, the cost of return is communicated before the sale is concluded.

The products must be protected by packaging suitable for transport.

You may be liable for any loss in value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the product, under the conditions provided for by law.

2.4 — Refund after withdrawal

We refund the amounts due without undue delay and no later than fourteen days after receiving your notice of withdrawal.

Unless we offer to collect the goods ourselves, we may withhold the refund until we have received them or until we receive proof that they have been sent, whichever is earlier.

The refund is made using the same means of payment as for the purchase, unless you expressly agree to another means that does not incur any fees.

Where the withdrawal concerns the entire order, standard delivery costs are refunded. The extra cost of a delivery method more expensive than the standard delivery offered remains your responsibility.

3. Damaged parcel, missing product or delivery error

Please check the condition of parcels and products on receipt.

In the event of visible damage or missing items, if possible write precise and detailed reservations on the carrier’s delivery document.

Contact us promptly at plants-pro@plants-pro.com, preferably within 48 hours of receipt, to help us process your case.

Please provide, as far as possible:

• your order number;

• the items and quantities concerned;

• a description of the problem;

• photographs of the products, the parcel and the packaging;

• the lot number, where available.

The 48-hour period is a recommendation for reporting. Exceeding it, like the absence of reservations on delivery, does not remove the consumer’s legal guarantees.

In the event of an error attributable to Pro Allium or a defect for which we are responsible, we arrange the appropriate solution and cover the related costs under the conditions provided for by law.

4. Claims about the quality of bulbs and plants

Plant products must be unpacked, checked and stored in accordance with the recommendations provided.

For problems with varietal identity, size grade or visible plant health, please contact us as soon as you notice them, preferably within seven days of receipt.

For problems with emergence or development, contact us as soon as the anomaly appears.

To examine your request, we may ask you for relevant information: order number, lot number, photographs, dates of receipt and planting, storage conditions, soil characteristics and growing practices.

These reporting recommendations are not time limits that cause the legal guarantees to lapse.

Deterioration caused solely after delivery by unsuitable storage, treatment or inappropriate handling does not constitute a defect attributable to the seller. Each claim is examined according to the circumstances and the applicable legal rules.

5. Specific features of plant products

The products delivered must correspond to the agreed characteristics, in particular in terms of variety, size grade, packaging and production method.

Growing results depend in particular on the soil, climate, planting date and density, irrigation, storage conditions and growing practices.

We do not guarantee a specific growing result or yield, unless expressly agreed in writing.

This does not limit our obligation to deliver conforming products or the legal guarantees applicable to a defect existing at the time of delivery.

6. Unavailability and substitution of products

If a product becomes unavailable after you have ordered, we will inform you as soon as possible.

We may offer you another variety, size grade, packaging or delivery date, specifying the differences from your original order.

No substitution is made without your agreement. Your silence does not constitute acceptance.

If the unavailable products are cancelled, the corresponding amounts are refunded no later than fourteen days after cancellation.

If the entire order is cancelled, the delivery costs charged are also refunded.

If a consumer terminates the contract for non-delivery under the conditions provided for by law, all amounts paid are refunded no later than fourteen days after notification of termination.

7. Legal guarantees

Consumers benefit in particular from:

• the legal guarantee of conformity, under Articles L. 217-3 et seq. of the French Consumer Code, for defects appearing within two years of delivery;

• the guarantee against hidden defects, under Articles 1641 to 1649 of the French Civil Code, the action for which must be brought within two years of discovering the defect.

Goods are brought into conformity free of charge for the consumer, in accordance with the law. The detailed conditions of these guarantees are set out in our general terms and conditions of sale.

Where the sale is cancelled under the legal guarantee of conformity, the refund is made on receipt of the goods or proof of their return, and no later than fourteen days thereafter, in accordance with the law.

Professionals benefit from the guarantees and remedies applicable to their situation, in particular the obligation to deliver conforming goods and the guarantee against hidden defects under the conditions provided for by law.

No provision of this policy may exclude the customer’s mandatory rights.

8. Return procedure and address

Before sending a return, contact us at plants-pro@plants-pro.com, stating your order number and the products concerned.

We will send you the relevant instructions and, where applicable, a return number to help identify the parcel.

This step is not a mandatory prior authorisation for exercising the legal right of withdrawal. The absence of a return number cannot in itself prevent the exercise of this right or the legal guarantees.

Unless otherwise instructed by our team, the return address is:

PRODUCTIO EURL — Pro Allium
9 rue Bernard Palissy
25000 Besançon
France

In the event of withdrawal, the direct costs of return are borne under the conditions of section 2.3.

In the event of an error attributable to Pro Allium or the application of the legal guarantee of conformity, we cover the return costs in accordance with the agreed terms and legal provisions.

9. Exchanges

For a commercial exchange, contact us to check whether it is possible and agree on the terms. Commercial exchanges remain subject to our agreement, particularly for plant products.

In the event of an incorrect or non-conforming product, the terms of replacement, repair where possible, price reduction or refund are determined in accordance with the applicable rights.

You do not need to place a new paid order to benefit from a legal guarantee.

10. Contact and mediation

For any request regarding a return, a claim or a refund:

Pro Allium — PRODUCTIO EURL
9 rue Bernard Palissy
25000 Besançon, France
Email: plants-pro@plants-pro.com
Phone: +33 3 70 88 98 50

After a prior written complaint that has not been satisfactorily resolved, consumers may refer the matter free of charge to the mediator to which PRODUCTIO EURL belongs, under the conditions provided for by law:

Centre de la Médiation de la Consommation de Conciliateurs de Justice — CM2C
49 rue de Ponthieu
75008 Paris, France
Website: https://www.cm2c.net/

Appendix — Withdrawal form

Complete and send this form only if you wish to withdraw from a purchase to which the right of withdrawal applies.

For the attention of:
PRODUCTIO EURL — Pro Allium
9 rue Bernard Palissy
25000 Besançon, France
plants-pro@plants-pro.com

I hereby give notice that I withdraw from the contract for the sale of the following product(s):

Product references: .................................................

Order number: .................................................

Ordered on: ............................

Received on: ............................

Consumer’s name: .................................................

Consumer’s address: .................................................

....................................................................................

Date: ............................

Consumer’s signature, only if sent on paper: