ARTICLE X – RECEIPT OF PARCELS AND TRANSFER OF RISK
Jardiboutique
1. Transfer of risk
In accordance with Article L216-4 of the French Consumer Code, any risk of loss of or damage to the Products is transferred to the Customer at the moment when the Customer, or a third party designated by the Customer, physically takes possession of the parcel.
Signing the delivery note constitutes taking possession of the Product.
Validation of the delivery, by handwritten or electronic signature, including by scanning a QR code or entering a personal code sent by SMS, constitutes effective taking of possession of the Product and entails the transfer of risk in accordance with Article L216-4 of the French Consumer Code.
It is therefore essential to carry out the necessary checks before signing.
2. Mandatory checks on delivery
When receiving the parcel, the Customer must imperatively:
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Check the external condition of the parcel
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Check that there is no impact, crushing, opening or tearing
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Check, if possible, the condition of the Products
In the event of an apparent anomaly (parcel damaged, opened, torn, wet, repackaged or showing suspicious marks), the Customer must:
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Refuse the parcel
OR -
Write precise and detailed reservations on the delivery note before signing
⚠️ The wording "subject to unpacking" has no legal value and does not make it possible to hold the carrier liable.
3. Damaged parcel but contents apparently intact
Even if the contents appear to be in good condition, any external damage must imperatively be reported.
The Customer must then:
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Take photographs of the parcel before opening it
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Clearly state on the delivery note:
"Parcel received damaged / opened / torn" -
Keep the original packaging
Without precise reservations recorded at the time of delivery, no claim relating to transport-related damage can be accepted.
4. Claim after delivery
In the event of damage found after opening despite reservations being made, the Customer must:
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Inform Jardiboutique within a maximum of 48 hours
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Provide photographs of the parcel, the packaging and the Products
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Keep all items for possible assessment
In the absence of compliant reservations at the time of delivery, the carrier cannot be held liable and Jardiboutique cannot be held responsible for transport-related damage.
5. Special case – Delivery by a carrier appointed by the Customer
When the Customer appoints a carrier other than the one offered by Jardiboutique, the transfer of risk takes place as soon as the parcel is handed over to the carrier.