General Terms and Conditions of Sale
Article 1 : Foreword
The purpose of these General Terms and Conditions of Sale is to define the rights and obligations of Landscape Plus ltd and the customer. They apply without restriction or reservations to the purchases made by any buyers on the Landscape Plus ltd website : www.cave-landscapeplus.com
This online shop is owned and operated by LANDSCAPE PLUS Ltd, a Company having its registered office at N° 12 avenue des bonites, Morcellement Desjardins, 90912 Tamarin and bearing Business Registration Number C18155976.
They also apply to other types of distance selling, such as telephone sales or mail-order sales, where distance selling is defined as any sales technique that allows the buyer to order a product without being present at the point of sale.
These General Terms and Conditions of Sale cancel and replace all previous Terms and Conditions of Sale.
They take precedence over any other document, such as brochures and catalogues.
Landscape Plus Ltd reserves the right to adapt or modify these Terms and Conditions of Sales at any time. In case of modification, only the General Terms and Conditions of Sales in force on the day of the order shall apply.
Article 2 : Order
Article 2.1 : Capacity of the buyers
Only persons legally able to enter into contracts concerning the items offered by Landscape Plus Ltd on the Website may place an order. When placing an order, you must have the full legal capacity to adhere to these General Terms and Conditions of Sales.
When you pay by credit card, you declare that you are fully authorized to use the said card.
Article 2.2 : Ordering
The list of items from Landscape Plus Ltd proposed in the context of distance selling is available on the Website.
Any order is subject to these General Terms and Conditions of Sales, unless otherwise expressly agreed writing between the buyer and Landscape Plus Ltd.
Any order made on the Website warrants the buyer’s full and unreserved acceptance of these General Terms and Conditions of Sales
All orders are subject to stock availability for which our sales representatives will duly communicate to the client prior to purchase confirmation of the order.
Article 2.3 : Capacity to contract
You must be at least 18 years old to place any order and/or register with the Online Shop. You warrant that you have the required age and legal capacity to enter into and be bound by a contract to make any online purchase on the Online Shop.
Article 3 : Delivery
The items ordered are delivered to Mauritus Island.
Orders are shipped to the mailing addresses you entered at the time of your order.
In case of any disruption on the delivery schedule, we will duly inform the client of any change in time slot accordingly.
No deduction on payment is accepted without our prior written consent.
Any delivery made for a lesser amount than MUR 2,500 :
1 – Will be subject to an exceptional logistic cost or,
2 – Will be rescheduled to another date depending on the region delivery schedule.
Deliveries outside normal delivery schedule may also incur a minimum surcharge of MUR 700.
Claims by buyer for errors or complains in delivery must be made via email on [email protected] within 24 hours after the delivery of goods.
Article 4 : Payment
Payment for purchases on the Website can be made by credit card, bank transfer at the time of the order.
Your order shipping will be made upon verification of the payment method you chose and according to your payment method following:
– Receipt of your credit card authorization or ;
– Receipt and identification of your blank transfer on our bank account or ;
Landscape Plus ltd reserves the right to refuse any delivery in case of refusal of authorization of payment by credit card from officially accredited bodies, in case of non-payment and in case of legitimate reasons to doubt your means of payment.
All invoices are due upon receipt of payment unless stated otherwise.
In case of default of payment for long overdue accounts, we reserve the right to cancel any outstanding order and declare all obligations immediately due and payable.
Article 5 : Ownership
The seller retains ownership of the goods sold until full effective payment for the goods along with any ancillary charges.
Under the terms of this clause, a promissory note or other debt instrument does not constitute payment. Failure to meet any payment deadline may require the buyer to return the goods.
These provisions do not prevent the buyer, after delivery, from liability for loss or deterioration of the goods sold as well as any damages it may incur.
Article 6 : Cancellation
Pursuant to the legal provisions in force, you have the right to withdraw without giving reasons within fourteen (14) days following receipt of the ordered items.
To exercise the cancellation right, you must notify us of your decision to cancel the order by means of a statement without ambiguity (by post or email) at the following address :
Landscape Plus Ltd
12 avenue des bonites
In order for the cancellation period to be respected, you must send your letter, fax or email relative to the exercise of the cancellation right before the expiry of the deadline.
Article 7 : Litigation, Force Majeure and Applicable Law
These General Terms and Conditions of Sales are subject to Mauritius law.
In the event of a dispute, you may have recourse to a conventional mediation procedure or to any other alternative means of dispute settlement.
However, neither Party may be held liable for the total or partial non-performance of its obligations if this non-performance is due to a fortuitous event or the occurrence of an element constituting force majeure as defined by case law, such as, but not limited to, flood, fire, storm, lack of raw materials, total or partial strike of transport.
In such a case the parties agree that they shall meet to discuss the situation as soon as possible in order to determine the modalities of performance of the order if the case of force majeure continues beyond a period of one month.
In the event that any of the provisions are cancelled or considered to be unenforceable to the customer by a court decision, then the remaining provisions of these General Terms and Conditions of Sale shall remain in full force.