Terms and conditions

PLEASE NOTE: The English language version of these Terms and Conditions are provided for information purposes only. The official and legally binding Terms and Conditions are those in the original French version, as these Terms and Conditions are subject to the laws of France.

1. Subscription / Renewal to « L’Art des Jardins »

Preamble

The company Arxis Media publisher of L'Art des Jardins et du Paysage (hereafter Arxis Media), a simplified joint-stock company with capital of 30,000 Euros and registered with the Registre du Commerce et des Sociétés de Versailles under the number B 817 855 232, headquartered at 34 rue Saintine – 78160 Marly-le-roi, France, offers to its readers (hereafter referred to individually as the Customer) on its website www.artdesjardins.fr (hereafter the Website) a subscription and renewal service for its monthly magazine « L’Art des Jardins et du Paysage », its special issues and/or its Website related to the magazine (a group hereafter referred to as the Publication).

These services are offered according these terms and conditions of sale (hereafter Terms and Conditions) and take precedence over any other documents or conditions. Every subscription or renewal ordered by way of a printed subscription form or by way of the Website implies full and unreserved acceptance by the customer of the Terms and Conditions.

By accepting the current Terms and Conditions, the Customer guarantees that he is in full capacity of contracting, in particular that he is not a non-emacipated minor nor a major protected by Law.

To benefit of the services offered by the Website and to order any product on the Website, the Customer must create an account on www.artdesjardins.fr. For that purpose, the Customer must complete a registering online form with complete and exact data, his e-mail address being used as user login, and he must choose a password. When further visiting the website, the Customer must enter his user login and password to order any product or consult his account.

It is not possible for Arxis Media to verify the accuracy of the data provided by the Customer. The Customer aknowledges that providing incorrect, incomplete or false information is likely to engage his responsability towards Arxis Media and towards the third party in charge of providing the services offered to the Customer.

Should the Customer provide incorrect, incomplete or false information, and to the extent that such information - in particular financial - could have significant impact on the way the services offered by the Website are provided, Arxis Media reserves the right to suspend or cancel the Customer’s account, with immediate effect and without notice.

User login and password of the Customer are private and link all his actions on the Website to his identity. These should not be disclosed to any third party. Any order validated with the Customer’s login and password will be considered being done by the Customer. In case of any disclosure of his user login and password, the Customer must quickly inform abonnement@arxismedia.com in order to allow Arxis Media to desactivate it. The Customer is fully responsible of the use of the Website using is login and password until the Customer has informed Arxis Media of the disclosure of it.

Arxis Media reserves the right to change the Terms and Conditions at any time. In the case of any changes, the new terms and conditions of sales will be made available to the customer on-line and will be applicable only to sales made after such changes. The Terms and Conditions in their original French version are always available on the Website.

Private Data

The information collected when the Customer registers on the Website are recorded in a data file by Arxis Media in order to manage the orders, subscriptions and purchases made by the Customer. The data is kept for two years after the end of the last subscription or last purchase of the Customer and intended to the internal customer service.

According to the French Law « Informatique et libertés », the Customer can use is right to access his data and modify them by contacting abonnement@arxismedia.com by e-mail or

L'Art des Jardins - BP 36 - 78164 Marly-le-roi Cedex by postal mail.

No use of any private data is made except for the strict necessity of service and communication between Arxis Media and the Customer, according to his orders, subscriptions and purchases.

Subscription, renewal and unit sale offers

The different subscription, renewal and unit sale offers are shown on the Website in the "Subscriptions" and "Gift Offers" sections. These offers are limited to available inventory and apply to items shown on the Website at the moment the order is completed. Arxis Media reserves the right to change its product offerings at any moment without prior notice.

Subscription offers are available only to persons not already subscribed to the Publication.

Subscription renewal offers are available only to persons already subscribed to the Publication.

After the term of the first subscription contract ordered via www.artdesjardins.fr comes to term, the subscriber will receive a subscription renewal reminder by post and/or by e-mail, except for open-end subscriptions without a pre-determined end period.

How to subscribe

By way of a printed subscription form

The Customer’s submission by post of a printed subscription form provided in the magazine or in another printed brochure or promotional leaflet constitutes confirmation of the order and the Customer’s agreement to these Terms and Conditions in full and without reserve.

Subscription online by way of the Website

By confirming the order, the Customer agrees to these Terms and Conditions in full and without reserve. In order to confirm the order, the Customer clicks on the "CONFIRM" button at the end of the ordering process. A confirmation message will be sent by e-mail to the address indicated during the registration process. This confirmation message summarises the key points of the contract of sale, including the exact amount to be invoiced and how the order shall be delivered. This confirmation message signifies that Arxis Media accepts the order and validates the transaction.

Arxis Media reserves the right to refuse any order placed by a Customer with whom a payment dispute regarding a product sold by Arxis Media is underway, and this refusal shall be exercised without any indemnity.

The Customer acknowledges that data recorded via the Website constitute proof of the subscription transaction (subscription type and date) and data recorded by the payment platform described below constitute proof of the financial transaction.

The user's browser must be set to accept cookies for the ordering process to function correctly.

Prices and payment methods

The valid prices for the different subscription and renewal packages are those shown on the Website at the time the order is placed. Arxis Media reserves the right to change prices at any moment. Prices are shown in Euros, including all applicable taxes and handling charges. All orders shall be paid in Euros.

Any promotional offers are valid only for the period indicated for a particular offer. Promotional offers may not be combined, nor may they be exchanged for their monetary value or reimbursed in part or in whole. Once the indicated deadline has passed, the reduction shall be definitively lost.

Five payment means are available:

1. Payment by credit card via the secure payment portal (accepting “Cartes Bleues” of the GIE “Carte Bleue”, Visa, MasterCard, EuroCard). Payment by credit card online takes place on a server with with a secure payment solution that includes the SSL (Secure Socket Layer) encryption mode. In the case of automated payment by credit card (for example, monthly payment for an ongoing subscription), when the credit card expires it shall be the Customer’s responsibility to contact Customer Service to provide updated information for a valid credit card, or else the subscription shall be suspended.

2. Payment by automatic bank debit (Euro account at a bank domiciled within the European Union only): the Customer may choose from two options:
   a) the Customer receives from Arxis Media a SEPA automatic bank debit form (“autorisation de prélèvement”) which must be completed with the IBAN / BIC numbers corresponding to the bank account to be debited and all other informations requested pertaining to the account (bank name and address, etc. corresponding to the French « Relève d’Identité Bancaire document.) This form shall be returned to Arxis Media in one of the following ways:
       i.    By post to: L’Art des Jardins - Service Abonnement - BP 36 - 78164 Marly-le-roi Cedex
       ii.    By e-mail to: abonnement@arxismedia.com
   b) Should the service be available at the moment of subscription online via the Website, the Customer has the option to provide credit card information as well as the IBAN / BIC numbers corresponding to the bank account to be debited, after which a SEPA automatic debit form is displayed on the Website. The Customer immediately received a code via Text Messaging or e-mail (to the mobile number or e-mail address previously provided). The Customer uses this code to validate and electronically sign the SEPA automatic debit form, thereby authorising Arxis Media to establish the transaction with the Customer’s bank.

3. Payment by cheque (Euro account at a bank domiciled in metropolitan France only): the Customer shall send the completed subscription form and the cheque (Euro account at a bank domiciled in metropolitan France only) made to the order of Arxis Media to the following address:

L’Art des Jardins - Service Abonnement - BP 36 - 78164 Marly-le-roi Cedex

4. Payment by bank transfer (Euro account at a bank domiciled in metropolitan France only): in this case, the Customer shall make the wire transfer request at his bank to the attention of L’Art des Jardins publishing company using the following bank references:

Beneficiary: Arxis Media
IBAN: FR76 3006 6102 4000 0202 3130 277
B.I.C.: CMCIFRPP

5. Payment by PayPal: at the time of payment the Customer has the option to use the secure online payment service provided by PayPal. PayPal ensures the transfer of funds directly from the Customer’s PayPal account to Arxis Media’s PayPal account. The Customer bears sole responsibility for the validity of his PayPal account for this transaction.

Due to possible changes to any of the third party payment systems mentioned above, certain payment options may be temporarily or permanently suspended, or other payment methods made available to replace whatever option unavailable and/or as an additional option. Any such modification shall not otherwise affect these General Terms and Conditions.

Length of Subscription Contract and Renewal

The length of the Subscription Contract and the conditions for Renewal for each suscription package are stated in the Website’s "Subscriptions" section.

Subscription renewal is possible under the same conditions as the initial subscription packages, and may be eligible for a preferential rate offered either in an advertised offer from Arxis Media or by way of a proposal made directly to the Subscriber when his Subscription comes up for renewal or when the Subscriber makes a specific request.

The Subscription and Renewal packages offered include the issues published by Arxis Media for a standard duration of 1 year (4 issues) or 2 years (8 issues). However, Arxis Media reserves the right to add certain standard and/or special issues during the period of the standard subscription period. In the interest of its subscribers, Arxis Media guarantees to send the number of issues promised in the subscription or renewal offer for the duration of the period.

Renewal of Fixed-duration Subscriptions

Renewal of the subscription is recorded automatically from the date payment is received and takes effect starting from the last issue delivered as part of the preceding subscription. Should for reasons of postal delivery delays of renewal forms between Arxis Media and the Customer, or vice-versa, or in the case of a Customer’s late reply to a renewal offer, the issue belonging to the newly renewed subscription period be delivered before Arxis Media has received payment, it shall be understood that this issue is nevertheless the first of the new subscription period, and not a free issue.

If the subscriber informs Arxis Media that one or more issues were purchased individually at retail point of sale during the period between the two subscription periods, Arxis Media can begin the new renewed subscription period starting with the next new issue.

The frequency of the magazine L'Art des Jardins may evolve and its price may be modified. The subscription is then automatically extended without charge for the needed time for the Customer to receive all the issues to be served in the subscription or renewed subscription he had originally subscribed.

Renewal of Open-end Subscriptions

A subscription paid for by automatic bank debit shall be automatically renewed each month until the Customer decided to interrupt or stop the subscription. The request to interrupt or terminate the subscription shall be made by one of the following channels:

   i.    By post to: L’Art des Jardins - Service Abonnement - BP 36 - 78164 Marly-le-roi Cedex
   ii.    By e-mail to: abonnement@arxismedia.com
   iii.    By telephone to: (+33) (0)1 84 74 67 20
   iv.    Online at www.artdesjardins.fr in the My Account section

As soon as the Customer’s request to interrupt or terminate the subscription has been received by Arxis Media, the bank debit shall be suspended. The Customer may reactivate the subscription later without having to submit a new SEPA debit form.

Should a monthly debit have taken place between the moment the Customer sent the request to interrupt or terminate the subscription and reception of this message by Arxis Media, this last debit hall be refunded to the Customer by reverse transfer to the bank account in question.

Delivery

The magazine is delivered by post to the address indicated by the Customer during the order process, under the condition that the Customer provide any and all information required for successful delivery. The first issue sent to the Subscriber shall be the next issue to be published as of the moment the order is registered. The first issue shall be delivered within an average of four weeks from the date of registration of the order.

Delivery shall be made according to the standard practices of the postal services. Arxis Media declines all responsibility for any lack and/or delay in the delivery of the magazine caused by any full or partial malfunctioning or disturbance of the postal services.

Upon reasonable and justifiable request on the part of the Subscriber, Arxis Media can resend an issue of the Publication that was never received or received damaged.

It is possible during holiday and/or other long absences to have your magazine sent to you at another address within the same country, for which you should indicate the new address and the period with at least 10 days advance notice:

- by writing to the following address:

L’Art des Jardins - Service Abonnement - BP 36 - 78164 Marly-le-roi Cedex – France

- by e-mail: abonnement@arxismedia.com

- par telephone on (+33) (0)1 84 74 67 20

- via the contact form in website’s “Subscription” section.

The new address will be effective 10 days following the request.

Should the address indicated by the Subscriber be incorrect, or should the Subscriber fail to notify Arxis Media of a change of address, such that one or more issues are sent back to the publisher by the postal services, Arxis Media shall not be held responsible for non-delivery of the issues in question. Arxis Media shall make best efforts to contact the Subscriber by post or by e-mail, but should the Subscriber fail to supply a correct and up-to-date delivery address, Arxis Media shall not be held responsible for any interruption of delivery. Should the return of the issue be the fault of the postal services not due to the accuracy of the Subscriber’s address or name, the issue in question shall be sent back to the Subscriber free of charge.

It is also possible to suspend a subscription temporarily if the request is made at least 7 days in avance:

- by writing to the following address:

L’Art des Jardins - Service Abonnement - BP 36 - 78164 Marly-le-roi Cedex – France

- by e-mail: abonnement@arxismedia.com

- by telephone on (+33) (0)1 84 74 67 20

- via the contact form in the Website’s “My Account” section.

With the exception of a subscription made for a limited period and/or specific conditions to the contrary stated for a particular offer, the Customer can stop the Subscription at any time by writing with at least one month’s notice to the following address:

L’Art des Jardins - Service Abonnement - BP 36 - 78164 Marly-le-roi Cedex – France

Or by e-mail: abonnement@arxismedia.com

Any amount overpaid shall be reimbursed by Arxis Media by cheque within three months following the request for subscription cancellation.

The terms for reimbursement for cancellations are as follows: for the amount of the subscription price as paid by the Customer, the value of the issues already delivered shall be estimated based on their cover price (or the amount indicated on the magazine for individual sale for the country in question). In addition, a administrative fee of ten Euros shall be applied. The balance due the Customer as calculated in this way shall then be paid by cheque in Euros.

Arxis Media reserves the right to interrupt delivery in the event of non-payment, which shall take effect 15 days following formal notice of non-payment.

Right of Withdrawal

In accordance with Article L121-20-2 of France’s Consumer Code for Newspapers, Periodicals and Magazines, the Customer does not have a right of withdrawal.

Although this right of cancellation is not guaranteed by law, Arxis Media’s policy is to allow a Customer to request cancellation of a subscription and refund of any outstanding issues remaining in the subscription by submitting the request to Arxis Media in writing, including surname, first name, postal address, e-mail address and subscriber reference number. Cancellation shall take effect upon reception of the request by Arxis Media.

The Customer may cancel an Order for reimbursement within seven days starting from the date of the Order registration.

Reimbursements shall be made within thirty day of reception of the cancellation request. Reimbursement shall be made by bank account transfer, PayPal, credit card or cheque to the order of the Customer who made the Order and send to the invoice address.

Liability

Arxis Media offers its services under subscription and renewal contracts in accordance with the laws of France. Arxis Media’ liability shall in no case whatsoever be questioned should the laws of any country other than France not be respected.

Arxis Media does not guarantee that the services offered might not be interrupted at some point. Arxis Media’ obligation to supply is limited to the Publication’s means available to supply such services.

Arxis Media shall not be held liable for not executing a contract should a product be out of stock or unavailable, or due to a force majeure, non-functioning, disruption or partial or total strike of the postal services, means of transportation and/or telecommunications. Arxis Media bears no responsibility for any indirect damages caused by aforesaid disruptions, neither loss of business revenues, diminished profitability, lost opportunity, damages nor fees.

Similarly, any information which the Customer obtains in the context of the service provided by Arxis Media, whether in the magazine, on the website, in an e-mail message or in a written letter, does not imply a guarantee on the part of L’Art des Jardins. Any and all news and data published in L’Art des Jardins are provided for information purposes only. The publishing of such news and data shall not be considered in any way or form specific advice or recommendations, in particular for making a purchase or investment decision. Neither Arxis Media nor its partners shall be held liable for any damages, direct or indirect, which might result from any errors, omissions or publishing delays of the aforementioned news and data.

The photographs and texts published and which illustrate any products are not contractual. As such, Arxis Media shall not be liable for any errors in these images or texts.

2. Back issues, collections, books and other editorial works

Preamble

The company Arxis Media publisher of L'Art des Jardins (hereafter Arxis Media), a simplified joint-stock company with capital of 30,000 Euros and registered with the Registre du Commerce et des Sociétés de Versailles under the number B 817 855 232, headquartered at 34 rue Saintine – 78160 Marly-le-Roi, France, offers on its website www.artdesjardins.fr (hereafter the Website) the sale of back issues and back special issues, collections of series of back issues, books and/or and other editorial products (a group hereafter referred to as the Products).

These services are offered according these terms and conditions of sale (hereafter Terms and Conditions) and take precedence over any other documents or conditions. Every subscription or renewal ordered on the Website implies full and unreserved acceptance by the customer of the Terms and Conditions.

By accepting the current Terms and Conditions, the Customer guarantees that he is in full capacity of contracting, in particular that he is not a non-emacipated minor nor a major protected by Law.

It is impossible for Arxis Media to verify the accuracy of the data provided by the Customer. The Customer aknowledges that providing incorrect, incomplete or false information is likely to engage his responsability towards Arxis Media and towards the third party in charge of providing the services offered to the Customer.

In case the Customer would provide incorrect, incomplete or false information,

and by extent as those information - in particular financial - have a significative influence on the way the services offered by the Website are provided, Arxis Media could decide the suspension or cancellation of the Customer’s account, with immediate effect and without notice.

Private Data

According to the French Law « Informatique et libertés », the Customer can use is right to access his data and modify them by contacting abonnement@arxismedia.com by e-mail or

L'Art des Jardins - BP 36 - 78164 Marly-le-roi Cedex by postal mail.

No use of any private data is made except for the strict necessity of service and communication between Arxis Media and the Customer, according to his orders, subscriptions and purchases.

Products for sale in the Online Shop ("Espace Librairie")

Various back issues and back special issues, the collections and books are presented for sale in the sections "Back Issues", "Back Issue Sets", "Books", "Special Issues", and "Gift Offers" on the Website. These offers are limited to available inventory and apply to items shown on the Website at the moment the order is completed. Arxis Media reserves the right to change its product offerings at any moment without prior notice.

How to order

By confirming the order, the Customer agrees to these Terms and Conditions in full and without reserve. In order to confirm the order, the Customer clicks on the "CONFIRM" button at the end of the ordering process. A confirmation message will be sent by e-mail to the address indicated during the registration process. This confirmation message summarises the key points of the contract of sale, including the exact amount to be invoiced and how the order shall be delivered. This confirmation message signifies that Arxis Media accepts the order and validates the transaction.

Arxis Media reserves the right to refuse any order placed by a Customer with whom a payment dispute regarding a product sold by Arxis Media is underway, and this refusal shall be exercised without any indemnity.

The Customer acknowledges that data recorded via the Website constitute proof of the transaction (type and date) and data recorded by the payment platform described below constitute proof of the financial transaction.

The user's browser must be set to accept cookies for the ordering process to function correctly.

Prices and payment methods

The valid prices for the Products are those shown on the Website at the time the order is placed. Arxis Media reserves the right to change prices at any moment. Prices are shown in Euros, including all applicable taxes and handling charges. Delivery fees are added to the item(s) ordered depending on the item(s) and the country of delivery. Arxis Media reserves the right to change delivery fees at any time. All orders shall be paid in Euros.

Any promotional offers are valid only for the period indicated for a particular offer. Promotional offers may not be combined, nor may they be exchanged for their monetary value or reimbursed in part or in whole. Once the indicated deadline has passed, the reduction shall be definitively lost.

Four payment means are available:

1. Payment by credit card via the secure payment portal (accepting “Cartes Bleues” of the GIE “Carte Bleue”, Visa, MasterCard, EuroCard). Payment by credit card online takes place on a server with with a secure payment solution that includes the SSL (Secure Socket Layer) encryption mode. In the case of automated payment by credit card (for example, monthly payment for an ongoing subscription), when the credit card expires it shall be the Customer’s responsibility to contact Customer Service to provide updated information for a valid credit card, or else the subscription shall be suspended.

2. Payment by cheque (Euro account at a bank domiciled in metropolitan France only): the Customer shall send the completed subscription form and the cheque (Euro account at a bank domiciled in metropolitan France only) made to the order of Arxis Media to the following address:

L’Art des Jardins - Service Abonnement - BP 36 - 78164 Marly-le-roi Cedex

3. Payment by bank transfer (Euro account at a bank domiciled in metropolitan France only): in this case, the Customer shall make the wire transfer request at his bank to the attention of L’Art des Jardins publishing company using the following bank references:

Beneficiary: Arxis Media
IBAN: FR76 3006 6102 4000 0202 3130 277
B.I.C.: CMCIFRPP

4. Payment by PayPal: at the time of payment the Customer has the option to use the secure online payment service provided by PayPal. PayPal ensures the transfer of funds directly from the Customer’s PayPal account to Arxis Media’s PayPal account. The Customer bears sole responsibility for the validity of his PayPal account for this transaction.

Delivery

The order is delivered by mail to the address indicated by the Customer during the order process, under the condition that the Customer provide any and all information required for successful delivery. The first issue shall be delivered within an average of four weeks from the date of registration of the order.

Delivery shall be made according to the standard practices of the postal services. Arxis Media declines all responsibility for any lack and/or delay in the delivery of the magazine caused by any full or partial malfunctioning or disturbance of the postal services.

Upon reasonable and justifiable request on the part of the Subscriber, Arxis Media can resend an issue of the Publication that was never received or received damaged. In the case of a damaged order,the Subscriber shall make a claim to the postal authorities with the damaged but unopened parcel. Arxis Media reserves the right to refuse resending or refunding an order if sufficient proof of postal damage is not submitted.

Liability

Arxis Media offers its services under subscription and renewal contracts in accordance with the laws of France. Arxis Media’s liability shall in no case whatsoever be questioned should the laws of any country other than France not be respected.

Arxis Media does not guarantee that the services offered might not be interrupted at some point. Arxis Media’s obligation to supply is limited to the Publication’s means available to supply such services.

Arxis Media shall not be held liable for not executing a contract should a product be out of stock or unavailable, or due to a force majeure, non-functioning, disruption or partial or total strike of the postal services, means of transportation and/or telecommunications. Arxis Media bears no responsibility for any indirect damages caused by aforesaid disruptions, neither loss of business revenues, diminished profitability, lost opportunity, damages nor fees.

Similarly, any information which the Customer obtains in the context of the service provided by Arxis Media, whether in the magazine, on the website, in an e-mail message or in a written letter, does not imply a guarantee on the part of Arxis Media. Any and all news and data published in Arxis Media are provided for information purposes only. The publishing of such news and data shall not be considered in any way or form specific advice or recommendations, in particular for making a purchase or investment decision. Neither Arxis Media nor its partners shall be held liable for any damages, direct or indirect, which might result from any errors, omissions or publishing delays of the aforementioned news and data.

The photographs and texts published and which illustrate any products are not contractual. As such, the Arxis Media shall not be liable for any errors in these images or texts.

Intellectual Property

All content provided on the Website, all brands shown on the Website, all software programs and/or technology applications provided for use of the Website and any and all parts of the Website itself are protected worldwide by local and international intellectual property laws. These Terms and Conditions do not constitute in any way or form a transfer of any of these intellectual property rights to the Customer and/or visitor of the Website any way or form. For this reason, the Customer may not copy and/or use in any other way the brands and logos shown on the Website. Similarly, the Customer and/or visitor of the Website may neither copy, change, translate, reproduce, distribute, sell, publish nor otherwise use and distribute in digital or other form any or all of the content (even partial) shown on the Website. Neither shall the Customer and/or visitor of the Website distribute to his own business or to a third party any text and/or picture which uses all or part of the Website content.

Infringement of these important provisions shall make the violator and any complicit third parties subject to criminal and civil prosecution.

Applicable Law

These Terms and Conditions are subject to the laws of France. In the event of litigation, the French courts shall be the only applicable jurisdiction.

Customer Service

For further information, questions or suggestions, Arxis Media Customer Service department can be contacted:

- by post: L’Art des Jardins - Service Abonnement - BP 36 - 78164 Marly-le-roi Cedex – France

- by telephone on (+33) (0)1 84 74 67 20 from 8:30am to 7 pm.

- by e-mail at abonnement@arxismedia.com