Terms and Conditions of Sale

1. Nature of the products sold

PinoyJungle sells online, exclusively to mainland France and Belgium, three categories of products:

• Tropical, terrarium and aquarium plants, as cuttings or as established plants, sold by variant with their own price and stock;
• Equipment and goodies (growing accessories, containers, etc.), simple products with a single reference;
• “Bon plan” (special offer) items, unique specimens (unsold items, end of series, downgraded plants) sold individually with an honest description of their condition.

The photographs and descriptions of the plants are as faithful as possible but remain non-contractual: since every plant is a living being, its shape, size and foliage change naturally, and the specimen shipped may differ slightly from the photo illustrating the listing.

2. Orders, prices and payment

Prices are shown in euros, all taxes included (VAT not applicable: basic exemption scheme, art. 293 B of the French tax code (CGI)), excluding delivery charges, which are stated before the order is finally confirmed. PinoyJungle reserves the right to change its prices at any time; products are invoiced on the basis of the price in force at the time the order is confirmed.

Payment is made online, by bank card, through the secure payment provider Stripe. The order is final only once these Terms have been expressly accepted and payment has been confirmed by Stripe; a summary email is then sent to the address provided. If an item becomes unavailable after confirmation (out of stock, “Bon plan” item already sold), the order may be cancelled in part or in full and refunded without delay.

3. Delivery

Delivery is made to mainland France and Belgium. Arrangements and times are stated when the order is placed; unless a different time is agreed at that point, delivery takes place no later than thirty (30) days after the order is confirmed (article L.216-1 of the French Consumer Code). Live plants are prepared and dispatched with particular care (suitable packaging, dispatch early in the week to avoid a long stay in transit). PinoyJungle cannot be held liable for delays attributable to the carrier, nor for damage caused by extreme weather conditions during transport.

In-person pick-up: the order can be collected free of charge in Eragny-sur-Oise (Val-d'Oise, France), by appointment. Availability is notified by email; the customer then has fourteen (14) days to collect the order, upon presentation of the confirmation email — this period can be extended on request. Failing collection within this period and after a reminder left unanswered, the order is cancelled and fully refunded. The right of withdrawal (section 4) applies under the same conditions as a delivered order, the period running from collection.

4. Right of withdrawal

In accordance with articles L.221-18 et seq. of the French Consumer Code, you have 14 days from receipt of your order to exercise your right of withdrawal, without having to give reasons and without bearing any costs other than those provided for in articles L.221-23 to L.221-25. Return shipping costs remain payable by you, and the refund is made within 14 days following recovery of the goods or proof of their dispatch.

Exception for live and perishable goods: in accordance with article L.221-28 4° of the French Consumer Code, the right of withdrawal cannot be exercised for “the supply of goods liable to deteriorate or expire rapidly”. Live plants (cuttings, established plants, plant “Bon plan” items) fall into this category: they are therefore not eligible for the right of withdrawal, which you are informed of before confirming your order. The 14-day right of withdrawal does, however, apply in full to equipment and goodies.

To exercise this right, you may use the model withdrawal form reproduced in the appendix to these terms, or any other unambiguous statement expressing your wish to withdraw, sent to contact@pinoyjungle.com.

If a plant arrives damaged, diseased or not matching the order, contact us at contact@pinoyjungle.com within 48 hours with supporting photos: we will find a solution (replacement, credit note or refund), in accordance with the statutory guarantee of conformity, which is independent of the right of withdrawal and applies to all products, including plants.

5. Statutory guarantees

All products sold benefit, independently of any commercial warranty:

• from the statutory guarantee of conformity (articles L.217-3 et seq. of the French Consumer Code), which entitles you to have the goods brought into conformity (repair or replacement) free of charge, within a reasonable time and without major inconvenience;
• from the statutory guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), which entitles you to a full or partial refund if the goods have a hidden defect making them unfit for their expected use.

To invoke either of these guarantees, contact us at contact@pinoyjungle.com, describing the defect observed, with photos if possible.

6. Liability

PinoyJungle takes the greatest care in describing and dispatching its products but cannot be held liable for damage resulting from unsuitable use or care of the plants after receipt (light exposure, watering, substrate, pests), nor for events of force majeure within the meaning of article 1218 of the French Civil Code (carrier strike, natural disaster, exceptional weather event, etc.).

7. Acceptance of these Terms

Confirmation of the order is subject to the express and unreserved acceptance of these Terms, given by means of a dedicated tick box before payment (art. 1127-1 and 1127-2 of the French Civil Code, known as the “double click” rule). No payment session can be created without this acceptance, whose timestamp is kept on the order.

8. Governing law and competent jurisdiction

These terms and conditions of sale are governed by French law. Failing an amicable settlement or mediation (see the “Complaints and consumer mediation” section of the legal notice), any dispute shall be brought exclusively before the competent French courts, subject to the mandatory consumer protection rules applicable (in particular the court of the place where the consumer resides, at the consumer's option).

Appendix — Model withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract — as a reminder, only equipment and goodies are eligible, see section 4.)