Terms of service
This English version is provided for convenience only. In the event of any discrepancy, the French version prevails.
GENERAL TERMS AND CONDITIONS OF SALE: CONSUMER CUSTOMERS
Article 1: GENERAL PROVISIONS AND SCOPE
1.1 These General Terms and Conditions of Sale ("the GTC") set out the rights and obligations of the parties in connection with the online sale of Products offered by the company Baptistor Consulting and Co ("the Company").
Baptistor Consulting and Co, a French simplified joint stock company (SAS) with share capital of €1,000, registered under SIRET 979 654 613 00012 (SIREN 979 654 613), intra-community VAT number FR39 979 654 613, whose registered office is at 9 rue des Colonnes, 75002 Paris, France, represented by Mr. Baptiste Ganga. Email: , Tel: +33 1 89 62 63 23.
1.2 Any Order placed on the website https://meilleur-nain-de-jardin.com implies prior and unrestricted acceptance of these General Terms and Conditions of Sale, which are governed by French law. These GTC therefore form an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer, who declares having read and accepted them, without restriction or reservation, before placing the Order.
1.3 These GTC apply to any Order placed by a natural person of legal age acting as a consumer. The Customer therefore certifies that they are a natural person over 18 years of age, acting for purposes that do not fall within the scope of their commercial, industrial, craft, professional or agricultural activity. The Customer acknowledges having full capacity to enter into a commitment when placing an Order and undertakes to provide truthful information about their identity.
1.4 EXCLUSION: Persons acting in a professional capacity are expressly excluded from the scope of these GTC, that is to say natural or legal persons, public or private, acting for purposes that fall within the scope of their commercial, industrial, craft, professional or agricultural activity, including when they act in the name or on behalf of another professional.
Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The GTC applicable to each Order are those in force on the date of payment, or of the first payment in the case of multiple payments for the order. The Company reserves the right to modify them at any time by publishing a new version on its website. These GTC can be consulted on the Company's website at the following address: https://meilleur-nain-de-jardin.com/policies/terms-of-service and can be downloaded in pdf format.
Article 2: CONCLUSION OF THE CONTRACT ONLINE
2.1. Order process
To purchase one or more Products on the website, the Customer selects each Product and adds it to their cart. Once the selection is complete, the Customer must confirm their cart to proceed to the Order (1st click)
At this stage, the Customer is redirected to a page containing:
A summary of the selected Products, the corresponding prices, and the delivery methods and costs. It is then up to the Customer to check and, if necessary, correct the contents of their cart.
These GTC. It is up to the Customer to read them carefully before confirming the entire Order.
This confirmation of the Order after checking the cart and reading the GTC (2nd click) constitutes conclusion of the Contract, and the Customer acknowledges that the 2nd click entails an obligation to pay.
The Customer is then redirected to the payment page. They can choose between the various payment methods offered and proceed with payment for their Order.
After confirming the Order and making payment, the Customer receives a confirmation message from the Company at the email address provided when creating their account. This message contains, in pdf format:
The summary of the order (selected Products, prices, delivery methods and costs);
The precise identification of the company Baptistor Consulting and Co and its activity;
The Order number;
The withdrawal procedures, conditions and form;
These GTC in pdf format.
If the Order confirmation is not received, the Customer is advised to contact the Company via the contact form on the website.
The Customer then receives a purchase invoice sent electronically, which the Customer expressly accepts.
The Customer is strongly advised to keep this confirmation message and the purchase invoice, which is also sent electronically, as these documents may be produced as proof of the Contract.
2.2 Refusal of the Order by the Company
The Company reserves the right to refuse your Order for any legitimate reason, for example:
An Order that does not comply with the GTC;
Quantities ordered that do not correspond to normal use by a consumer Customer;
Non-payment of a previous Order or an ongoing dispute concerning a previous Order;
Suspected fraud on the Order (supported by a body of consistent evidence).
Article 3: PRODUCT SPECIFICATIONS AND AVAILABILITY
3.1 Product specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as is, where applicable, information on the use of the product.
Although the Company takes reasonable care to ensure that the Specifications are accurate, the said Specifications, with certain exceptions such as pricing information, are provided by the Company's suppliers. Consequently, the Company accepts no liability for any errors that the Specifications may contain.
The Specifications are presented in detail and in the French language. The Parties agree that the illustrations, videos or photos of the Products offered for sale have no contractual value. The period of validity of the offer of Products and of their prices is specified on the Company's websites.
3.2 Product availability
Product offers are valid while stocks last at our suppliers. Availability is indicated on each product page.
However, since the Company does not reserve stock (except in the specific case of Products marked as pre-order on the Product page), adding a Product to the cart does not absolutely guarantee the availability of the Product or its price.
If a Product becomes unavailable after the Customer's Order has been confirmed, the Company will inform the Customer immediately by email. The Order will be automatically canceled and the Company will refund the price of the Product originally ordered, as well as any sum paid in respect of the Order.
However, if the Order contains Products other than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.
Article 4: PRODUCT PRICES
4.1 Reference prices shown on the websites
The reference price of the Products offered on the website is the price recommended by the brand, the manufacturer or its official representative. Failing that, it is a price determined on the basis of the prices at which the Product is commonly sold by a panel of retailers distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product, or as soon as the price charged within the panel of retailers changes.
In accordance with Article L.112-1-1 of the French Consumer Code, where a price reduction is announced, the crossed out reference price corresponds to the lowest price charged by the Company during the 30 days preceding the application of the reduction.
4.2 Changes to the prices shown on the websites
Product prices are shown on the Product description pages. Unless otherwise stated, they are shown excluding customs duties and any shipping costs. The Company reserves the right to change Product prices at any time, in compliance with applicable legislation.
The Products ordered will be invoiced on the basis of the price in force on the website at the time the Order is confirmed.
4.3 Product prices
Since many Products are imported from abroad (within or outside the European Union), the prices of the Products sold through the websites are shown in Euros excluding customs duties unless otherwise stated. They are specified precisely on the Product description pages. They are also shown excluding customs duties, unless otherwise stated, on the Product Order page, and excluding specific shipping costs.
Product prices do not include import taxes or customs duties, which must be paid in addition and will be borne entirely by the Customer, who is liable for these taxes as the recipient of the Product.
4.4 Payment of taxes
The Customer is solely responsible for the process of declaring and paying taxes according to their country of delivery and billing.
For all products shipped outside the European Union and/or to the French overseas departments and territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes, import duties or state taxes may be payable in certain cases. The Company has no control over these duties and sums.
They will be borne by the Customer and are the Customer's responsibility (declarations, payment to the competent authorities and so on). The Company therefore invites the Customer to find out about these matters from the relevant local authorities.
In the case of delivery to a country outside the European Union, products may be exempt from French VAT in accordance with the legislation in force. It is then up to the Customer to pay any local taxes, import VAT or customs duties according to the rules in force in the country of destination.
Article 5: PAYMENT OF THE PRICE OF THE PRODUCTS
5.1 Time of payment
Payment of the full price of the Order must be made immediately after the Order is confirmed.
The Company may, on an exceptional basis, grant payment in several installments, in particular with regard to the amount to be paid and its knowledge of the Customer concerned. However, the Company is under no obligation to grant such payment terms. In special circumstances, the Customer may make a request by contacting the Company's Customer Service at the following address: contact@meilleur-nain-de-jardin.com.
5.2 Payment methods
To pay for their Order, the Customer can choose between different payment methods:
Payment by bank card:
Only bank cards linked to a banking institution located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Customer guarantees to the Company that they hold the necessary authorizations to pay with the bank card used. The Customer expressly acknowledges that the commitment to pay given by card is irrevocable and that providing their bank card number constitutes authorization to debit their account up to the total amount corresponding to the Products ordered. The amount will be debited when the Order is confirmed.
Payments by bank card are made via a secure payment platform, and the bank card information provided is protected by SSL encryption.
Payment via PayPal
Payment by PayPal is accepted up to a limit of €1,000.
It is emphasized that when this payment method is used, the PayPal Terms of Use, which are available on their website, apply in addition to these GTC.
Payment by vouchers and/or promo codes
Vouchers and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are valid only once (unless otherwise stated). In the event of an attempt to use vouchers and/or promotional codes fraudulently, the Company may cancel the Order outright.
In general, if payment authorization is refused by the officially accredited bodies or if the Order is not paid, the Company reserves the right to suspend and/or cancel the said Order.
The Company reserves the right to suspend any of the payment methods at any time, in particular if a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a previous Order.
The Company reserves the right to set up an Order verification procedure designed to ensure that no one uses another person's bank details without their knowledge. As part of this verification, the Customer may be asked to send the Company, by email or by post, a copy of an identity document, proof of address and a copy of the bank card used for payment. Precise instructions on the exact content of the information requested (to preserve the confidentiality of the Customer's data) will be provided to the Customer in the event of verification. The order will only be confirmed after the documents sent have been received and checked.
Article 6: DELIVERY, CUSTOMS CLEARANCE AND RECEIPT
6.1 Delivery
Before the Order is confirmed, the Company provides the Customer with information about the different delivery methods and their respective rates. Once the Customer has chosen the delivery method, the Company provides an estimate of the delivery time.
Standard Products are shipped within 1 to 2 business days and delivered within 4 to 10 business days in mainland France (5 to 12 business days to the other countries served). Personalized Products, made to order, are delivered within 25 to 35 days, production and delivery included. In France, an express delivery option with priority order may be offered at checkout for €35.90, with delivery estimated at 20 days on average. In any event, delivery takes place no later than 30 days after the order, with the exception of personalized products as stated (Article L.216-1 of the French Consumer Code). In the event of difficulty, the Company undertakes to communicate promptly with the Customer to inform them and to seek an appropriate solution with them.
Air transport, shipping and/or delivery of the Product(s) will be borne entirely by the Customer ("Delivery costs"). These delivery costs are included in the final price invoiced to the Customer at the time of the Order. However, any customs costs are not included in the price invoiced to the Customer by the Company.
Depending on the method chosen by the Customer, delivery will be made either to the address given by the Customer or, where applicable, to a pickup point chosen by the Customer from the list of available points. It is therefore the Customer's responsibility to check the delivery details provided carefully, as the Customer remains solely responsible in the event of failed delivery due to incomplete or incorrect information.
6.2 Customs clearance
When making a purchase, the Customer buys the product excluding taxes and becomes the importer of the product purchased as the recipient of the Product (unless otherwise stated).
The Customer is therefore responsible in particular for the import and customs clearance processes of the product with the local customs offices. Depending on the price of the order, the Customer may be asked to pay customs duties (for Products with a customs value of more than €150).
The Customer is solely responsible for the process of declaring customs duties when the Product clears customs. These customs duties, which are not invoiced to the Customer by the Company, are outside the Company's remit. The Company therefore cannot be held liable for refunding these duties.
6.3. Receipt
On receipt of the Product, the Customer undertakes to check that the Product is complete and undamaged.
If an anomaly is found, the Customer must contact the Company's Customer Service within three days (excluding public holidays) of the date of receipt of the Product. Any complaint submitted after this deadline cannot be processed.
This 3 day period concerns visible damage related to transport; it is without prejudice to the legal guarantee of conformity and the guarantee against hidden defects, which the Customer retains in all cases.
Article 7: WITHDRAWAL
7.1 Principle and period
The Customer has the right to withdraw, without giving any reason, within fourteen (14) calendar days of the date of receipt of their Order. In the case of an Order for several Products, the period runs from receipt of the last Product.
Independently of the 14 day statutory right of withdrawal, the Company offers, on a commercial basis, a "satisfied or your money back" guarantee extended to 30 days for standard products, under the same return conditions (product new, complete and in its original packaging; return costs borne by the Customer).
If the right of withdrawal is exercised within the above period, the price of the Product(s) purchased and the shipping costs will be refunded, with the return costs remaining payable by the Customer.
7.2 Exclusions
In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for the following contracts:
The supply of goods or services whose price depends on fluctuations in the financial market beyond the professional's control and likely to occur during the withdrawal period;
The supply of goods made to the consumer's specifications or clearly personalized;
The supply of goods likely to deteriorate or expire rapidly;
The supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the professional's control;
Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, limited to the spare parts and work strictly necessary to respond to the emergency;
The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
Contracts concluded at a public auction;
7.3 Procedure for exercising the right of withdrawal
To exercise their right of withdrawal, the Customer must inform the Company of their decision to withdraw, either by completing the model form shown below, or by sending an unambiguous statement expressing their intention to withdraw within the 14 day period mentioned above.
Model withdrawal form:
For the attention of the company Baptistor Consulting and Co, Meilleur Nain de Jardin, Customer Service, 9 rue des Colonnes, 75002 Paris, France.
I, the undersigned ______, hereby give notice of my withdrawal from the contract for the sale of the Product below:
- Product name:
- Date of order and receipt:
- Order number:
- Withdrawal request tracking number:
- Customer's name:
- Customer's address:
- Customer's signature: (only if this form is sent on paper)
- Date:
This form must be sent to the Company at one of the following addresses:
- By post: the company Baptistor Consulting and Co, Customer Service, 9 rue des Colonnes, 75002 Paris, France.
- By email:
The Customer has 14 days from notification of their withdrawal to return the Product to the Company in its original packaging (a period extended commercially to 30 days for standard products), with the return costs remaining payable exclusively by the Customer.
Products must be returned in their original condition and complete (packaging, accessories, instructions and so on) so that the Company can resell them. If Products are received opened, used, incomplete, damaged or soiled, the Company may reduce the amount refunded in proportion to the depreciation resulting from handling by the Customer beyond what is necessary to establish the nature and characteristics of the Product. The refund may only be refused entirely if the Product has been rendered unfit for resale by the Customer.
The Company refunds all sums paid by the Customer, including standard delivery costs, no later than 14 days after notification of the withdrawal. The Company may, however, defer the refund until it has recovered the Product or until the Customer has provided proof of shipment, whichever occurs first (Article L.221-24 of the French Consumer Code).
This refund will be made using the same means of payment as that used by the Customer to pay for the Order, unless the Customer expressly agrees to another means of payment. In the case of payment by gift voucher or promotional code, the Customer will be refunded by being sent new gift vouchers or promotional codes of an amount identical to that paid in this form.
Article 8: GUARANTEES
8.1 Legal guarantees
The Company is bound by the legal guarantee of conformity (Articles L.217-3 et seq. of the French Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code). Under the legal guarantee of conformity, the consumer:
• has a period of 2 years from delivery of the goods to take action;
• may obtain repair or replacement of the goods, then, failing that, a price reduction or termination of the contract (Articles L.217-9 and L.217-10);
• is exempt from proving the existence of the defect during the 24 months following delivery for new goods, and 12 months for second hand goods;
• benefits, in the event of repair, from a 6 month extension of the guarantee (Article L.217-13).
The legal guarantee applies independently of any commercial guarantee.
8.2 Manufacturer's guarantee
Some Products on sale on the Site benefit from a contractual guarantee granted by the supplier or manufacturer of the Product, to which the Company is not directly a party.
Where applicable, the existence of this type of guarantee is mentioned on the specific Product page.
If the Customer wishes to make a claim under this guarantee, they should notify the Company by contacting Customer Service and consult the terms of application of the guarantee themselves, which are generally included in the Product box and/or sent by email following the customer's order.
It should be noted that benefiting from the Manufacturer's Guarantee does not prevent the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee against hidden defects.
Article 9: PROTECTION OF PERSONAL DATA
In the course of the business relationship, the Company, as data controller, collects a certain amount of mandatory personal data (including in particular surname, first name, delivery address and so on, which are marked with an asterisk) that is absolutely necessary for processing the Order, managing the business relationship, compiling statistics and complying with the Company's legal and regulatory obligations. This data is kept for 5 years from the end of the Contract.
If the Customer does not provide this information, it will be impossible to process their Order.
This data is intended for internal use by the Company but may be passed on to companies that contribute to the performance of the service, in particular those that deliver the Products or process payments.
With regard to this personal data, the Customer has several rights:
The right of access to their personal data;
The right to rectification and deletion if the personal data is inaccurate, incomplete, ambiguous, out of date, or if the collection, use, communication or retention of certain data is prohibited;
The right to restriction of processing, provided that the request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
The right to object to the processing of data (in particular in the case of processing for direct marketing)
The right to give instructions after death concerning the retention, deletion and communication of your personal data
The right to withdraw consent to certain processing (processing carried out before consent is withdrawn remains lawful)
The right to lodge a complaint with the CNIL (the French data protection authority).
To exercise these rights, the Customer may send a request to the Company:
by letter addressed to the company Baptistor Consulting and Co, Meilleur Nain de Jardin, Customer Service, 9 rue des colonnes 75002 Paris, France.
The request must state the Customer's email address, surname, first name and postal address, and must be accompanied by a copy of both sides of their identity document if the company requests it in the event of reasonable doubt as to their identity.
A reply will be sent within one month of receipt of the request.
For more information on the use of cookies and the processing of your personal data, please consult our Privacy Policy, accessible at the bottom of every page of the website.
Article 10: INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a Product page, sales of Products on the website do not entail any transfer of intellectual property in the Products sold.
The trademarks, domain names, products, software, images, videos, texts or, more generally, any information subject to intellectual property rights are and remain the exclusive property of the Company or of their original owner. No assignment of intellectual property rights is made through these GTC.
Article 11: FORCE MAJEURE
The Company cannot be held responsible for failure to perform its obligations hereunder in the event of a fortuitous event or force majeure that prevents their performance. The Company will notify the customer of the occurrence of such an event as soon as possible.
Article 12: EXCLUSION OF LIABILITY
Notwithstanding any provision to the contrary set out herein, the Company cannot under any circumstances be held responsible for losses or damage due to inappropriate use of the Product(s) by the Customer, including in particular any modification or alteration of the Product(s) not authorized by the Company.
Article 13: SUSPENSION AND TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the GTC or, more generally, the applicable legal provisions, without prejudice to any damages that the Company may seek.
Any person whose account has been suspended or closed may not subsequently place an order or create a new account on the Site without the prior authorization of the Company.
Article 14: ARCHIVING AND PROOF
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
For each Order, the Order summary is sent by email to the Customer and archived on the Company's website.
Communications between the Company and the Customer are archived in computerized records kept for 5 years under reasonable security conditions. These records, in which exchanges are recorded on a reliable and durable medium, are considered proof of the communications, orders, payments and transactions between the Customer and the Company. They may be produced as proof of the Contract.
Communications, the order, order details and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Articles 1366 and 1379 of the French Civil Code. This information may be produced as proof of the contract.
The Customer will have access to the archived items on simple request to contact@meilleur-nain-de-jardin.com.
Article 15: INVALIDITY AND MODIFICATION OF THE GTC
If any of the provisions of these GTC is invalid, it will be deemed unwritten, but will not render the other contractual provisions invalid.
Any tolerance on the part of the Company in the application of all or part of the commitments made under these GTC, whatever its frequency and duration, shall not constitute a modification of the GTC or give rise to any right whatsoever for the Customer.
Article 16: CUSTOMER REVIEW POLICY
Published reviews may come from customers who ordered on Meilleur Nain de Jardin and from reviews imported from third party platforms, in particular AliExpress. Imported reviews are not presented as verified purchases on Meilleur Nain de Jardin. When a review is associated with a verified order on the website, the status displayed by Judge.me applies. Some reviews may be translated into French.
Article 17: APPLICABLE LAW AND DISPUTE RESOLUTION
These GTC are governed by French law.
In the event of any difficulty, Customer Service is at your disposal to find an amicable solution.
If no solution is found directly with Customer Service, the European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform via the following link: http://ec.europa.eu/consumers/odr/.
Article 18: CONSUMER MEDIATION
In the event of a dispute, the company Baptistor Consulting and Co undertakes to offer the customer an amicable settlement. In the event of an unresolved dispute, and also after unsuccessful attempts at amicable settlement with the company, the customer may refer the matter to a consumer mediator. The customer may also submit their complaint on one of the European Commission's online dispute resolution (ODR) platforms at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
In accordance with Article L. 612-1 of the French Consumer Code, the
consumer, subject to Article L.612.2 of the French Consumer
Code, may submit a request for amicable resolution
by way of mediation, within less than one year of their
written complaint to the professional.
BAPTISTOR CONSULTING AND CO has appointed, by membership registered
under number 16563/VM/2505, SAS Médiation Solution as its
consumer mediation body.
To refer a matter to the mediator, the consumer must submit their request:
- Either in writing to: Sas Médiation Solution - 222 chemin de la bergerie 01800
Saint Jean de Niost, France
- Or by email to: contact@sasmediationsolution-conso.fr
- Or by completing the online form entitled "Saisir le médiateur" (Refer to the mediator)
on the website https://www.sasmediationsolution-conso.fr
Whatever the means of referral used, the request must
contain:
- The postal, telephone and email contact details of the applicant,
- The name, address and registration number with Sas Médiation
Solution of the business concerned,
- A brief statement of the facts,
- A copy of the prior complaint,
- Any documents allowing the request to be examined (purchase
order, invoice, proof of payment and so on)
GENERAL TERMS OF USE
Our policy for the protection of your personal data establishes a relationship of trust between you and our services, in order to offer you a positive experience with complete transparency.
Thanks to this policy, we can take your requirements into account and meet your expectations.
To honor your trust, the company Baptistor Consulting and Co guarantees, as a matter of priority, respect for your personal data and the confidentiality of our customers (hereinafter "Your data").
For complete transparency towards you, and to guarantee you secure use of our website https://meilleur-nain-de-jardin.com in all its available versions and related applications (hereinafter the "https://meilleur-nain-de-jardin.com" website), we set out how we process your data, so that our services always respect your rights. In this way, we ensure the security, confidentiality and integrity of your privacy and your data across all of our platforms.
Our policy and we ourselves guarantee that all necessary precautions are taken to protect all of your data against disclosure, loss or alteration. That is why we provide you with all the information you need to easily understand how we process your data. This data will only be kept for as long as necessary for the specified management and processing. You can of course access and modify your data at any time, since it will be available in your personal areas of the website https://meilleur-nain-de-jardin.com.
To this end, we endeavor to take all necessary measures to comply with the applicable data protection law.
Accordingly, the undersigned company Baptistor Consulting and Co undertakes, through this personal data protection policy, to respect the essential principles of the European General Data Protection Regulation and of French law on the protection of personal data, by providing you with information on the existence and procedures of the data processing applied here (paragraph 3), the rights you have regarding your data, and by applying these rights ourselves (paragraphs 6 and 10). Any information relating to possible transfers to a third country or to recipients is also made available, as well as the retention period of the data collected (paragraph 5) and the security measures (paragraph 9).
1. WHO ARE YOU?
When we refer to "you" in this Personal Data Protection Policy, it is simply because it relates directly to you and concerns you as a customer of the company Baptistor Consulting and Co if you have placed an order on the website https://meilleur-nain-de-jardin.com, as a customer of the company Baptistor Consulting and Co if you have created a customer account but have not ordered any products or services, or if you have browsed the website https://meilleur-nain-de-jardin.com as a visitor without creating a customer account or placing an order.
2. WHO ARE WE?
The company Baptistor Consulting and Co, represented by Mr. Baptiste Ganga, whose registered office is at 9 rue des colonnes 75002 Paris, France.
The company Baptistor Consulting and Co publishes the Site https://meilleur-nain-de-jardin.com and, in this capacity, carries out various processing operations on your Data as data controller.
3. FOR WHAT PURPOSES DO WE PROCESS YOUR DATA?
3.1. When do we collect your personal data?
Your personal data may be collected if you visit the website https://meilleur-nain-de-jardin.com, which uses cookies, if you create a customer account on the website https://meilleur-nain-de-jardin.com, if you order one of our products or services, or if you agree to subscribe to our newsletters (text messages, emails).
Your personal data helps us make your browsing on the website https://meilleur-nain-de-jardin.com smoother and offer you a more personalized experience. This allows us to process your orders as well as possible, offer payment in installments, prevent fraud, make necessary refunds and manage your customer reviews.
Legal basis for processing: the user's consent (for cookies and newsletters), or the company's legitimate interest in ensuring the security of the website.
3.2. Your browsing on the Site https://meilleur-nain-de-jardin.com
To enable you to browse the website https://meilleur-nain-de-jardin.com, we process your data on the legal basis of your consent.
Legal basis for processing: the user's explicit consent for analytics and marketing cookies.
3.3. Processing your orders
We use your data in order to handle and process your orders.
We use it to manage mediation, customer relations (including through social networks), our after sales and distance selling service, our marketing management and direct marketing activities for the website https://meilleur-nain-de-jardin.com, as well as for the management, delivery and transport of orders.
The performance of the contract between the two parties (you and us) is the legal basis for processing this data.
The legal obligation of the company Baptistor Consulting and Co is the legal basis for processing as regards the management of product recalls. Your consent or our legitimate interest is, depending on the case, the legal basis for processing for marketing and direct marketing activities. Your consent is the legal basis for implementing "express" payment.
Legal basis for processing: performance of the sales contract between the customer and the company.
3.4. Payment in installments
For orders eligible for payment in installments and for certain customers, your data is processed in order to offer you this type of payment. Performance of the contract between the two parties is the legal basis for processing the data. However, your consent remains the basis for processing your bank details.
Legal basis for processing: performance of the contract for the payment terms, and the user's consent for the processing of their bank details.
3.5. Customer reviews
In order to share your reviews with our customers and visitors and to allow you to leave your review on the website https://meilleur-nain-de-jardin.com, we use your data on the legal basis of your consent or legitimate interest.
Legal basis for processing: the user's consent for the collection of reviews, or the company's legitimate interest in improving its services.
3.6. Payment collection and fraud prevention
We use your data to enable the collection of payments and to prevent fraud.
This also allows us to guarantee the security of payments.
The performance of this contract between the two parties and the legitimate interest of the company Baptistor Consulting and Co, as data controller, are the legal bases for this processing.
Legal basis for processing: performance of the contract and the data controller's legitimate interest in preventing fraud.
3.7. Management of the advertising operations of the company Baptistor Consulting and Co
The advertising operations of the company Baptistor Consulting and Co are managed using your data.
This allows us to expand our customer and prospect data, manage the maintenance and technical activities relating to prospects, commercial statistics and advertising campaign studies, update the prospecting files of the body responsible for managing objections to telephone canvassing, solicitations, and the organization of our competitions and lotteries or any other promotional operation, excluding online gambling and games of chance.
The legal bases for the above are the user's consent or the legitimate interest of the company Baptistor Consulting and Co.
Legal basis for processing: the user's explicit consent (for advertising cookies) or the company's legitimate interest in promoting its products.
4. WHERE DOES YOUR DATA GO?
Your data is sent to several internal departments of Baptistor Consulting and Co
It is not sent to third parties, except in the situations specified below:
In order to process your orders, your personal data may be passed on to several service providers specializing in banking transactions, customer relations, after sales service, delivery, IT development, website management or the provision of guarantees or insurance.
To set up payment in installments, your data may be shared with service providers such as payment and transaction centers (banks and so on), call centers for the management of business processes or customer experience, or, for customer reviews, a provider that collects and processes customer reviews.
The advertising operations of Baptistor Consulting and Co are managed, using your data, with the clients of the advertising network and advertisers.
5. DATA RETENTION
The data collected by Baptistor Consulting and Co is kept only for the time and to the extent necessary to set up and carry out the operations listed in paragraph 3 of our personal data policy.
Certain data collected by Baptistor Consulting and Co is kept for a certain period:
In active archives for prospects, for 3 years from the customer's last contact (it can therefore be consulted by the departments of the company Baptistor Consulting and Co). We do not carry out intermediate archiving of this data (for data of administrative interest to certain departments, such as litigation, retention periods are set by the applicable limitation rules).
For our orders, your data will be kept in active archives for 5 years from the end of use of the customer's orders, and in intermediate archives for 5 years from the end of retention in active archives. The same applies to customers.
Bank data is kept in active archives for the entire period of validity of the bank card (plus one day). No intermediate archiving is carried out for bank data.
Cookies, their use and their duration are detailed in paragraph 7 of our policy.
6. EXERCISING YOUR RIGHTS
6.1. You have the right to request access to, modification and rectification of your Data.
6.2. You have the right to request restriction of the processing of your Data.
Important note: to do so, you must contest the accuracy of your personal data for the time needed for us to verify its accuracy. Or, if you consider that our use of your personal data is unlawful and you request a restriction of its use rather than its erasure. We no longer need to use your data for the purposes listed in paragraph 3 but your data is still useful for the establishment, exercise or defense of your legal claims, in the event that you decide to exercise your right to object for the time needed for the verification to determine whether our legitimate grounds override yours.
6.3. You have the right to request the deletion of your Data.
If you request the deletion of your personal data, the company Baptistor Consulting and Co may nevertheless keep it in intermediate archive format for the time necessary to meet its legal, accounting and tax obligations.
6.4. You have the right to exercise your right to object to processing carried out for direct marketing purposes.
In the case of marketing by email, you have the right to request changes to or unsubscribe from the newsletters by clicking on the "unsubscribe" hyperlink available in every newsletter, or by going directly to the contact page of the website https://meilleur-nain-de-jardin.com.
In the case of marketing by text message, you can unsubscribe by texting "STOP SMS" to 36007, or by going to the contact page of the website https://meilleur-nain-de-jardin.com.
6.5. You have the right to give instructions after death concerning the retention, deletion and communication of your personal data.
In the absence of such instructions, your successors and heirs may contact the company Baptistor Consulting and Co in order to have access to the uses of this data to allow the "organization and settlement of the deceased's estate" and/or to close the account on the website and/or to request that the processing of the personal data not be continued.
You may also request that your data not be communicated to a third party in the event of death.
6.6. You have the right to request your right to data portability.
6.7. You have the right to withdraw your consent to processing based on this legal basis.
Important note: if you decide to withdraw your consent, this will not affect the lawfulness of the uses carried out before the withdrawal of your consent.
6.8. You have the right, whenever you wish, to lodge a complaint with the competent supervisory authority (in France, the CNIL: www.cnil.fr).
To exercise your rights, please send your request (with your email address, surname, first name, a copy of your identity document and your postal address) to the data protection office of the company Baptistor Consulting and Co by email to contact@meilleur-nain-de-jardin.com and/or by post to Baptistor Consulting and Co, 9 rue des colonnes 75002 Paris, France.
We will reply within one (1) month at most from the date of receipt of the request.
A data protection contact has been appointed within the company Baptistor Consulting and Co. For any question or request relating to your personal data, you can contact them at the following address: contact@meilleur-nain-de-jardin.com.
7. COOKIES
7.1. What is a cookie?
When you browse a website such as the website of the company Baptistor Consulting and Co, the website may, depending on your choice, place a text file on your device (computer, phone or tablet) through your browser.
This text file is called a COOKIE. This cookie then allows the website, such as https://meilleur-nain-de-jardin.com, during the prescribed period of validity or storage of the cookie, to identify the device you use when you visit again.
Only the issuer of a cookie can read or modify the information contained in that cookie.
7.2. What are cookies used for on https://meilleur-nain-de-jardin.com?
Cookies can be classified into different categories. Some are issued directly by the company Baptistor Consulting and Co and its service providers, but some sometimes come from third party companies.
7.2.1. Cookies issued by https://meilleur-nain-de-jardin.com and its service providers
There are several categories of cookies that may be found on your device when you browse our website:
7.2.1.1. "Essential" cookies
"Essential" cookies are necessary to access our website; they are used, for example, to place an order.
Without them, you could experience browsing problems on the website and be unable to place an order.
"Essential" cookies also allow Meilleur Nain de Jardin, Baptistor Consulting and Co to monitor its activity.
They may be placed on your device by Meilleur Nain de Jardin, Baptistor Consulting and Co or by its service providers.
7.2.1.2. "Analytics and Personalization" cookies
"Analytics and personalization" cookies are not mandatory. They allow us to make your searches easier and optimize your experience with us; thanks to them we can better target your expectations, adapt our offers and optimize the organization of our website.
7.2.1.3. "Advertising" cookies
Advertising cookies are displayed in the areas of our website reserved for advertising. The benefit for you is that your browsing time is better and optimized through the presentation of offers and advertisements relevant to you.
To do this, "advertising" cookies target your expectations in real time and offer you advertising content adapted to your current wishes and interests, based on your recent browsing history on other websites.
This avoids presenting you with advertising content of no interest to you. At the same time, the company Baptistor Consulting and Co prefers its offers and advertisements to be shown to users who will be interested in them.
The advertising content offered may contain cookies issued by Meilleur Nain de Jardin, Baptistor Consulting and Co or by its service providers, or by third parties through the association of a cookie with an advertiser's advertising content.
7.2.2. Cookies issued by third party companies
Third parties using cookies on our website do so under their own privacy policies. These cookies are not necessary for the use of our website.
7.2.3. Cookies issued by third party applications integrated into our website
When you browse our website, we may include computer applications from a third party, in order to offer you the possibility of sharing content and/or your opinion from our website with other people, for example when you click on the "share" or "like" buttons from social networks.
Through these buttons, these social networks may then identify you even if you did not use them while browsing the website. They can do this if, during your last visit to the website, you were at the same time logged in or active on your social network on your device. We have no control over the uses they make or the data they hold.
To find out more about the use of your data and advertising content, you can go to your social networks and consult their personal data protection policies. These policies should then allow you to manage your settings according to your preferences on the user accounts of each of the social networks on which you are registered.
Privacy policies of the social networks mentioned above; click on the social network of your choice:
Facebook: https://fr-fr.facebook.com/privacy/explanation
Twitter: https://twitter.com/fr/tos
Instagram: https://privacycenter.instagram.com/policy
Pinterest: https://policy.pinterest.com/fr/privacy-policy
Youtube: https://www.youtube.com/intl/ALL_fr/howyoutubeworks/user-settings/privacy/
With regard to our advertising operations, we remind you, as mentioned just above, that all our advertising spaces may contain cookies from third parties (the advertiser behind the advertisement shown, the advertiser's third party service providers and so on).
With these cookies, and during their prescribed period of validity, they can therefore display advertisements in the spaces made available for third party advertising, count the number of items of content they display in our spaces, know the audience of these advertisements and the number of clicks; this allows them to claim the sums due to them and compile their statistics. They can also know that your device is the one that previously visited another website containing one of their advertisements, and therefore target you and personalize their content where applicable.
7.2.4 Collection of consent
In accordance with the CNIL guidelines, the placing and reading of non essential cookies (in particular for audience measurement, personalization or advertising purposes) are subject to your prior consent.
This consent is collected through our cookie management platform via Shopify, which allows you to customize your choices by purpose. You can change your preferences at any time via the "Manage my cookies" link at the bottom of every page of the website.
No non essential cookie is placed without your explicit consent.
Proof of consent (or refusal) to the use of cookies is kept for 6 months, in accordance with the CNIL recommendations.
7.3. The options offered by your browser software (Internet Explorer, Firefox, Google Chrome and so on).
Your browser software contains many options that you can set according to your preferences. In this way, you can accept or refuse cookies on your device.
However, if you choose to accept the storage of these cookies on your device, then when you visit websites or content where cookies are present, they will automatically be stored on your device.
Depending on your preferences, you can choose to enable a reminder asking you whether you accept or refuse cookies before they are potentially stored, or refuse the storage of cookies on your device every time.
However, it is important to stress that the choices you make in these settings may modify or impair your browsing on the Internet or on certain websites or services that require these cookies (for example, to place an order on our website).
If you prefer to refuse these cookies on your device or to delete those already stored, we accept no liability for the consequences of the impaired functioning of our services resulting from the inability of our services to store or access the cookies necessary for their operation.
7.3.1. How do you choose your options depending on your browser?
You have different options and choices available depending on your browser. To find out more, you can consult its help menu.
Internet Explorer™: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
Safari™: https://support.apple.com/kb/PH19214?locale=fr_FR&viewlocale=fr_FR
Chrome™: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
Firefox™: http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies
Opera™: http://help.opera.com/Windows/10.20/fr/cookies.html
8. TRANSFERS OUTSIDE THE EUROPEAN UNION
Most of the time, your data is kept within the European Union.
However, when our service providers are located in countries outside the European Union, we share some of your data in third countries, including third countries for which the European Commission has not assessed the level of compliance.
In this case, we take the necessary steps to ensure that this data sharing complies with the relevant regulations and that protection of your privacy and your fundamental rights is guaranteed (for example, by using the European Commission's contractual clauses).
The data protection office can, at your request, give you more information about data transfers.
The audience analysis (Google Analytics 4), advertising (Google Ads, Meta/Facebook Ads) or email marketing (such as Klaviyo) services used on this website may involve data transfers to third countries, in particular the United States.
These transfers are governed by the European Commission's standard contractual clauses (SCCs) or are made to service providers that have joined the Data Privacy Framework (DPF), guaranteeing an adequate level of protection.
You can consult the privacy policies of these services for more information on the measures implemented.
9. SECURITY MEASURES
Thanks to the technical and organizational measures we take, we can guarantee a level of security appropriate to the risks to the rights and freedoms of natural persons with regard to the points listed in point 2. To do this, we take into account the origin, scope, context, costs and state of the art, the purposes of the processing, and also the risks identified.
In addition, we comply with the Payment Card Industry Data Security Standard (PCI DSS), which reflects our commitment to security.
10. PROFILING AND AUTOMATED DECISION MAKING
Through the automated processing we use (profiling, for example), you are subject to legal effects that affect you.
All of this is essential to the conclusion or performance of the contract between you and us.
This is how we can offer and carry out automated customer identification and "payment in 4 installments". This operation is based on the analysis of different variables concerning the type of products, the services ordered or the customer profile.
If, according to these statistics, the risk is assessed as too high (fraud or non payment), this payment method will not be offered.
However, if you wish, you can obtain human intervention even though the decisions are automated, so that you can give your opinion and/or contest the automated decision.
11. POLICY UPDATES AND REVISION
Our personal data policy will be updated whenever necessary so that it always complies with the regulations applicable to the protection of your data (at least every three (3) years).
Updated on July 15, 2026.