These general terms and conditions of sale (the “Terms”) apply to sales concluded on the website hopstock.fr, and to orders placed following a quotation issued by HOPSTOCK, between:
the seller: HOPSTOCK, a French simplified joint-stock company with a sole shareholder (société par actions simplifiée unipersonnelle, SASU) with a share capital of €1,000, registered with the Dunkirk Trade and Companies Register (RCS Dunkerque) under number 838 136 794, whose registered office is at 2131 route de Merville, 59190 Hazebrouck, France; intra-EU VAT number: FR62 838 136 794; e-mail: contact@hopstock.fr; telephone: +33 7 56 80 40 20 (“HOPSTOCK”);
and the customer, whether a consumer, that is, a natural person buying for purposes outside his or her trade, business, craft, liberal profession or agricultural activity, or a professional. Clauses that apply only to consumers or only to professionals say so expressly; Article 13 groups together the clauses specific to professionals.
The applicable version is the one published on the website on the day of the order (current version: 21 October 2026). A PDF copy of the French version is attached to the e-mail acknowledging receipt of the order; the customer may also save or print this page.
Language: these Terms were drawn up in French. This English version is a translation provided for the convenience of customers. In the event of any discrepancy between the two versions, the French version (conditions générales de vente) prevails; however, a consumer may rely on the English version where it is more favourable to him or her.
Prices: prices are shown in euros, including VAT at the rate applicable to each product; the website can also display them excluding VAT. Delivery charges, calculated according to the products, the weight and the destination, are shown before the order is confirmed (see Articles 3 and 6).
The customer acknowledges having read these Terms before placing an order and accepts them by ticking the box provided for that purpose when ordering.
They govern the contractual relationship between HOPSTOCK and its customer. They prevail over any other conditions appearing in any other document, unless otherwise agreed in advance, expressly and in writing.
The essential characteristics of each product (variety, presentation: bare root, root ball or pot, dimensions, packaging) are presented on its product page before the order is placed. Plants are living products: their appearance (size, foliage) varies with the season and their stage of growth; the photographs are for illustration.
With respect to professional customers only, the photographs, technical sheets and advice illustrating the products are not contractual and, should they contain any errors, inaccuracies or omissions, HOPSTOCK cannot be held liable.
Prices are shown in euros on hopstock.fr, including all taxes; a selector allows them to be displayed excluding VAT. The basket and the order summary show the price excluding VAT, the amount of VAT for each rate and the total including VAT, delivery charges included.
The total amount shown in the order confirmation is final: it includes the price of the products, the applicable VAT and the delivery charges shown before the order was confirmed. The applicable price is the one displayed at the time of the order: a subsequent price reduction gives no right to compensation (for example, an order placed on day D does not benefit from a more favourable price introduced on day D+1).
VAT according to the customer and the destination:
The customer selects the products, checks the details of the order and its total price, corrects any errors if he or she wishes, then confirms the order. HOPSTOCK acknowledges receipt of the order by sending a confirmation e-mail to the address provided by the customer. Orders are only prepared and shipped once they have been paid in full.
The data recorded by the systems of HOPSTOCK and of its payment service providers constitute proof of the nature, content and date of the order; with respect to consumers, this proof may be rebutted by any means.
HOPSTOCK reserves the right to refuse or cancel an order from a customer with whom there is a dispute concerning payment for a previous order.
Availability: orders are prepared subject to stock availability. If an ordered product turns out to be unavailable, HOPSTOCK informs the customer and offers, at the customer’s choice, an equivalent product or a refund of the missing product, made without delay. No product is replaced without the customer’s agreement.
Contact details: the information entered by the customer when ordering is binding on the customer. In the event of an error, inaccuracy or omission in the recipient’s details, HOPSTOCK cannot be held responsible if the order cannot be delivered; if the parcel is returned to HOPSTOCK for this reason, re-shipping is charged to the customer. An error noticed by the customer must be reported to contact@hopstock.fr within 24 hours of the order.
Archiving: for any order of €120 or more, HOPSTOCK keeps the written record of the contract for ten years from delivery and guarantees the consumer access to it on request (Articles L.213-1 and D.213-1 of the French Consumer Code).
The price is payable immediately and in full on the day of the order. Depending on the country and the amount, the following payment methods are offered at the payment step:
Payment data are entered and processed directly by Stripe or PayPal, in an encrypted environment: they do not pass through HOPSTOCK’s website.
The order only becomes effective once the payment service provider has authorised the payment. If payment is refused, the order is automatically cancelled and the customer is notified by e-mail. For payment by bank transfer, the order is prepared once the funds have been received in HOPSTOCK’s account; bank transfer fees are payable by the customer. If payment is incomplete, the order does not become effective and HOPSTOCK informs the customer. If a transfer cannot be matched to an order, HOPSTOCK waits for the customer to get in touch: it is therefore important to quote the order reference.
Where an order placed following a quotation provides for a deposit and the customer wishes to cancel it other than by exercising the right of withdrawal, the deposit is not automatically refundable: HOPSTOCK and the customer seek an amicable solution, which may take the form of a partial refund, delivery of goods corresponding to the amount already paid, or substitution with other products. This clause does not deprive the consumer of the right of withdrawal (Article 7).
To prevent fraud, HOPSTOCK may ask the customer by e-mail for proof of identity or address. If no reply is received within fifteen days, the order is cancelled and the sums paid are refunded.
Destinations: HOPSTOCK delivers in mainland France, in the European Union and in the other countries offered when ordering. HOPSTOCK does not deliver to the French overseas departments, regions and territories: no order can be placed for an overseas delivery address. Delivery to Corsica is available on quotation, for all products, to be requested at hopstock.fr/devis. The delivery methods available and their price depend on the products, the weight and the delivery address; they are shown before the order is confirmed, and the price shown is the price invoiced.
Delivery methods:
The price of parcel delivery is calculated according to the total weight of the order, the country of delivery and, for certain islands, the postcode. Within the European Union outside France, above 100 kg or where an item cannot travel as a parcel, delivery is made on a pallet, at a price calculated according to the weight and the distance to the delivery address and shown in the basket; above 3 pallets or 3,000 kg, for an oversized item or to an island (Malta, Cyprus, the Balearic Islands, Sicily, Sardinia, the Greek islands, the Azores, Madeira), delivery is available on quotation. Outside the European Union, above 30 kg, delivery is available on quotation. Delivery to Albania, Bosnia and Herzegovina, North Macedonia, the Canary Islands, Ceuta and Melilla is available on quotation only, whatever the weight.
Wooden poles:
An order combining wooden poles and other products is delivered in two consignments, each with its own delivery price, shown separately in the basket.
Lead times: unless a different lead time is stated on the product page or in the order summary before the order is confirmed:
Transit time, which varies with the carrier and the destination, is added to these lead times. HOPSTOCK informs the customer by e-mail when the order is shipped; a tracking link is provided when the carrier supplies one. If the parcel is not received within the usual time, the customer is invited to inform HOPSTOCK, which will check with the carrier.
If the recipient is absent, he or she follows the instructions on the carrier’s delivery notice. A parcel that is not collected within the time limit set by the carrier (pick-up point, locker or depot) is returned to HOPSTOCK: re-shipping is charged to the customer.
Delay: for professional customers, delivery times are given for information only and any delay does not give rise to damages. For consumers, where no delivery time is stated, delivery takes place no later than thirty days after the conclusion of the contract; in the event of delay, the contract may be terminated under the conditions laid down in Articles L.216-1 et seq. of the French Consumer Code: the consumer may terminate the contract, by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having required the seller to deliver within a reasonable additional period, the seller has failed to do so within that period; the sums paid are then refunded no later than fourteen days after termination.
Receipt: the customer checks the condition of the parcel on delivery. In the event of damage, an opened parcel or missing products, the customer notifies the carrier, if possible by entering precise reservations on the delivery note, and informs HOPSTOCK at contact@hopstock.fr, if possible with photographs. For professional customers, reservations must be confirmed to the carrier by registered letter within three days of receipt (Article L.133-3 of the French Commercial Code). For consumers, these steps make it easier to handle the complaint but are not a condition of their legal guarantees.
Transfer of risk: for consumers, the risk of loss of or damage to the products passes when the consumer, or a third party designated by the consumer other than the carrier proposed by HOPSTOCK, takes physical possession of the products (Article L.216-4 of the French Consumer Code). For professional customers, it passes when the products are handed over to the carrier.
Consumer’s right of withdrawal. The right of withdrawal provided for in Articles L.221-18 et seq. of the French Consumer Code is reserved for consumers, and for professionals employing five or fewer persons who buy a product outside the scope of their main activity (Article L.221-3 of the French Consumer Code). It does not apply to other professional customers.
Withdrawal period. For products that are not excluded from the right of withdrawal (see below), the consumer has fourteen (14) days to withdraw from the contract without giving any reason. The withdrawal period expires fourteen days after the day on which the consumer, or a third party other than the carrier and designated by the consumer, acquires physical possession of the goods. Where several goods ordered by the consumer in one order are delivered separately, the period expires fourteen days after the day on which the consumer, or a third party other than the carrier and designated by the consumer, acquires physical possession of the last good; where goods consisting of multiple lots or pieces are delivered, the period runs from receipt of the last lot or piece.
How to withdraw. To exercise the right of withdrawal, the consumer must inform HOPSTOCK, 2131 route de Merville, 59190 Hazebrouck, France, e-mail: contact@hopstock.fr, of his or her decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or an e-mail). The consumer may use the model withdrawal form reproduced below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for the consumer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Online withdrawal. The consumer may also withdraw online, free of charge, throughout the withdrawal period, using the “Withdraw from an order” link in the footer of every page of the website, which opens the page https://hopstock.fr/en/withdrawal/. The consumer enters his or her name, the e-mail address at which he or she wishes to receive the acknowledgement of receipt and the order number, then confirms the withdrawal. HOPSTOCK then sends, without delay, an acknowledgement of receipt by e-mail setting out the content of the statement and the date and time it was sent.
Return of the goods. The consumer sends back or hands over the goods to HOPSTOCK, 2131 route de Merville, 59190 Hazebrouck, France, without undue delay and in any event no later than fourteen (14) days after communicating the decision to withdraw. The deadline is met if the consumer sends back the goods before the period of fourteen days has expired. The direct cost of returning the goods is borne by the consumer. For products which, because of their weight or size, cannot be returned by post (wooden poles, pallets, reels of twine), the cost of return, borne by the consumer, is estimated at the amount of the transport charges invoiced for the delivery of those products.
Refund. In the event of withdrawal, HOPSTOCK reimburses the consumer all payments received from the consumer, including the costs of delivery (with the exception of the supplementary costs resulting from the consumer’s choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and in any event no later than fourteen (14) days from the day on which HOPSTOCK is informed of the decision to withdraw. The reimbursement is made using the same means of payment as the one used for the initial transaction, unless the consumer has expressly agreed to another means; in any event, the reimbursement does not give rise to any fees for the consumer. HOPSTOCK may withhold reimbursement until it has received the goods back or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
The consumer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Products excluded from the right of withdrawal. In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for:
Outside these situations, living plants benefit from the right of withdrawal under the conditions of this article. Opening the parcel to check its contents does not cause the loss of this right. A plant loses value if it stays packed for a long time: HOPSTOCK therefore advises consumers who wish to withdraw to do so as soon as they receive the plants and to send them back without delay, in their original packaging.
Model withdrawal form (annex to Article R.221-1 of the French Consumer Code):
(Complete and return this form only if you wish to withdraw from the contract.)
To HOPSTOCK, 2131 route de Merville, 59190 HAZEBROUCK, France, contact@hopstock.fr:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
A consumer who exercises the right of withdrawal may return the products under the conditions of Article 7, including living plants that have remained in their transport packaging.
The following cannot be returned on this basis: plants taken out of their transport packaging, repotted or planted in the ground, young plants in mini plugs, and goods made to the consumer’s specifications (Article 7, “Products excluded from the right of withdrawal”). These exclusions are without prejudice to the legal guarantees set out in Article 10.
Exception: where a product is delivered damaged, not in conformity with the order (for example, the wrong variety) or dead on delivery, the consumer benefits from the legal guarantees set out in Article 10. To make it easier to handle the request, we invite the consumer to report it as soon as possible via the website’s online chat or at contact@hopstock.fr, if possible with photographs of the product and its packaging.
If the lack of conformity is established, HOPSTOCK, in accordance with the legal guarantees, brings the goods into conformity by repair or replacement (depending on availability) or, failing that, reduces the price or cancels the sale with a refund.
With respect to professional customers only and unless otherwise specifically agreed, HOPSTOCK cannot be held liable for the death of the plants delivered, as too many factors are beyond its control. With respect to professional customers only, HOPSTOCK cannot be held liable for damage of any kind, whether material, immaterial or bodily, that may result from the malfunctioning or misuse of the products sold; the same applies to any changes made to the products by their manufacturers. With respect to professional customers only, HOPSTOCK’s liability is in any event limited to the amount of the order and cannot be incurred for mere errors or omissions that may have remained, despite all the precautions taken, in the presentation of the products.
These provisions do not apply to consumers, who retain the benefit of mandatory statutory provisions, in particular the legal guarantees set out in Article 10.
Complaints. Any complaint should be sent to HOPSTOCK by e-mail to contact@hopstock.fr or by post to 2131 route de Merville, 59190 Hazebrouck, France. In the event of a dispute, an amicable solution will always be sought first.
Plants are delivered in accordance with the standards and practices applicable to their production.
The seller guarantees the buyer the supply of fair, sound and merchantable goods, in the light of technical knowledge at the time of production.
It should nevertheless be remembered that plants are living organisms.
Regardless of the good care given by the gardener and of the quality of the plants delivered, many external factors can hinder the success of a planting.
Consequently, since the establishment of the plants and the results obtained do not depend solely on the quality of the products delivered, the seller cannot guarantee that the plants will take, even after giving advice and suggestions.
Successful planting commitment
All the plants offered are nursery-grown. They therefore follow their natural life cycle in exactly the same conditions as in the open field. All plants are grown for several months to several years before being shipped. You therefore receive them in the best condition for optimal establishment in your garden.
As HOPSTOCK nevertheless wishes to support its customers in the success of their plantings, any request concerning the condition of a plant that arises after planting will be examined with our professionals in order to deal with the problem technically and commercially.
In this context, we may ask you to provide photographs and/or to complete a questionnaire.
Legal guarantees for consumers. The provisions of this article are without prejudice to the legal guarantees enjoyed by the consumer, from which they cannot derogate: the legal guarantee of conformity (Articles L.217-3 to L.217-20 of the French Consumer Code) and the guarantee against hidden defects (Articles 1641 to 1649 of the French Civil Code). In accordance with Article D.211-2 of the French Consumer Code, the following information is reproduced (translation of the statutory French text):
The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity appearing. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee applies to that digital content or digital service throughout the planned period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the trader, where applicable, to provide all the updates necessary to keep the goods in conformity.
The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of the request, free of charge and without major inconvenience to the consumer.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if:
1° The trader refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;
4° The lack of conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to request repair or replacement of the goods first.
The consumer is not entitled to terminate the sale if the lack of conformity is minor.
Any period during which the goods are immobilised for repair or replacement suspends the guarantee that remained to run until the reconditioned goods are delivered.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund against return of the goods.
The personal information collected when ordering must be provided: it is essential for processing and delivering orders, issuing invoices and managing guarantees. If it is not provided, the order cannot be validated.
These data are used by HOPSTOCK to process orders and are only disclosed to the service providers involved in fulfilling them (hosting, payment, transport, invoicing, sending e-mails). HOPSTOCK does not sell or transfer its customers’ details to third parties. In accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and French Law No. 78-17 of 6 January 1978 on information technology, data files and civil liberties, as amended, the customer has the right of access, rectification and erasure of the data concerning him or her, and the rights to restriction of processing, to object and to data portability, which may be exercised by writing to contact@hopstock.fr or to the company’s postal address, as well as the right to lodge a complaint with the CNIL, the French data protection authority (www.cnil.fr). Details of the processing (purposes, legal bases, retention periods, recipients) are given in the “Données personnelles” (personal data) section of the legal notice (in French).
HOPSTOCK retains ownership of the products sold until full payment of their price, including charges and taxes (Articles 2367 et seq. of the French Civil Code). This clause does not prevent the transfer of risk provided for in Article 6.
In addition to the clauses of Articles 2, 6 and 9 that concern them, the following clauses apply to professional customers.
Where an invoice is payable after the date of the order (order on an accepted quotation), it must be paid no later than the due date stated on it. Any late payment automatically gives rise, without prior reminder, to late-payment penalties calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, and to a fixed indemnity for recovery costs of €40 (Articles L.441-10 and D.441-5 of the French Commercial Code). No discount is granted for early payment.
The right of withdrawal does not apply to professional customers, subject to the exception provided for in Article 7.
These Terms are governed by French law. For consumers residing in another Member State of the European Union, this choice does not deprive them of the protection afforded to them by the mandatory provisions of the law of their country of residence (Article 6 of Regulation (EC) No 593/2008, known as “Rome I”).
