ARTICLE 1: SCOPE OF APPLICATION
These General Conditions of Sale (said « GTC ») apply, without restriction or reservation, to all sales made by the Seller to non-professional buyers (« Customers or the Client ») wishing to acquire the products offered for sale (« Products ») by the Seller on the site www.flower reflections.com. The Products offered for sale on the site are:
– Bouquet of flowers
– Delivery of bouquets
The main characteristics of the Products, including specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the website. www.flower reflections.com what the customer is required to know before ordering. The choice and purchase of a Product is the sole responsibility of the Customer. Offers of Products shall be within the limits of available stocks, as specified at the time of placing the order. These GTCs are available at any time on the website www.flower reflections.com and will prevail over any other document.
The Customer declares that he has read and accepted these GTCs by checking the box provided for this purpose before the implementation of the online order procedure of the site www.flower reflections.com. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions with the Customer.
The contact details of the Seller are as follows:
SARL FLOWER REFLETS
3 Manessier Street 94130 NOGENT SUR MARNE
Social capital of 8000 euros
Registered with the RCS of Creteil, under number 45373697700027
Email: contact@reflets-fleurs.com
Tel: 01 41 95 07 87
IntraCommunity VAT number FR49453736977
ARTICLE 2: PRICES
The Products are provided at the applicable rates listed on the site www.flower reflections.com, when recording the order by the Seller. Prices are expressed in Euros and VAT. The rates take into account any discounts that would be granted by the Seller on the site www.flower reflections.com. These tariffs are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify their prices at any time. Prices do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order. The payment requested from the Customer is the total amount of the purchase, including these costs. An invoice is drawn up by the Seller and delivered to the Customer upon delivery of the Products ordered.
ARTICLE 3: ORDERS
It is the responsibility of the Customer to select on the website www.fleurs-reflections.com the Products he wishes to order, in the following manner:
Product offers are valid as long as they are visible on the site, within the limits of available stocks. The sale will only be considered valid after full payment of the price. It is the responsibility of the Customer to verify the order's accuracy and immediately report any errors. Any order placed on the site www.flower reflections.com constitutes the formation of a remote contract between the Customer and the Seller. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of an earlier order. The Customer will be able to follow the evolution of his order on the site.
ARTICLE 4: PAYMENT CONDITIONS
The price is paid by secure payment, as follows:
– Payment by credit card via PayPal.
– payment by bank transfer to the seller's bank account (the contact details of which are communicated to the Customer when placing the order).
The price is payable in cash by the Customer, in full on the day of placing the order. Payment data are exchanged in encrypted mode using the protocol defined by the authorised payment provider involved in the banking transactions carried out on the site www.flower reflections.com. Payments made by the Customer will be considered final only after actual receipt by the Seller of the amounts due. The Seller will not be required to issue the Products ordered by the Customer if the Customer does not pay the price in full under the above conditions.
ARTICLE 5: DELIVERY
Products ordered by the Customer will be delivered to Île-de-France.
Delivery takes place within 24 hours at the address indicated by the Customer when ordering on the site. If the customer settles by transfer the delivery will be realized when it will be credited to Reflections Flowers. Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered at one time. The Seller undertakes to make his best efforts to deliver the products ordered by the Customer within the time specified above. However, these deadlines are provided for information purposes. If the Products ordered have not been delivered within the deadline it will be postponed to the next day. After the indicative date of delivery, for any cause other than force majeure or the fact of the Customer, the sale may be resolved at the written request of the Customer under the conditions laid down in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The amounts paid by the Customer will then be returned to him no later than 14 days after the date of termination of the contract, excluding any compensation or withholding. In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional invoice, upon quotation previously accepted in writing by the Customer. The Customer is required to check the condition of the products delivered. It has a period of 48 hours from the date of contact@reflets-fleurs.com, accompanied by all supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products shall be deemed to be compliant and free from any apparent defects and no claim shall be validly accepted by the Seller. The Seller shall refund or replace, as soon as possible and at its own expense, the Products delivered whose defects of conformity or apparent or hidden defects have been duly proved by the Customer, under the conditions laid down in articles L 217-4 et seq. of the Consumer Code and those provided for in these Terms and Conditions.
The transfer of the risk of loss and damage related thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk of the Seller unless the Customer has chosen the carrier himself. As such, the risks are transferred at the time the property is delivered to the carrier.
Article 6: TRANSFER OF PROPERTY
The transfer of ownership of the Seller's Products to the Customer will only be effected after full payment of the price by the Customer, regardless of the date of delivery of the said Products.
Article 7: Right of withdrawal
Due to the nature of the Products sold, orders placed by the Customer do not enjoy the right of withdrawal. The contract is therefore concluded definitively as soon as the order is placed by the Customer in accordance with the terms specified in these Terms and Conditions.
ARTICLE 8: RESPONSIBILITY OF THE SELLER/GARANTIES
Products provided by the Seller benefit from:
– the legal guarantee of conformity, for defective, damaged or damaged products or not corresponding to the order.
– the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use.
Provisions on legal guarantees: Article L217-4 of the Consumer Code: The seller is required to deliver goods in accordance with the contract and is responsible for any defects in conformity existing at the time of issue. It also responds to non-conformity resulting from packaging, assembly instructions or installation where it has been charged by the contract or has been performed under its responsibility.
Article L217-5 of the Consumer Code: The property complies with the contract:
1/ If it is suitable for the usual intended use of a similar property and, if applicable: – if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model. – if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling.
2/ Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the seller.
Article L217-12 of the Consumer Code: The action resulting from the lack of conformity shall be prescribed by two years from the date of issue of the property.
Article 1641 of the Civil Code: The seller is bound by the guarantee because of the hidden defects of the thing sold which make it unfit for use to which it is intended, or which reduce such use so much, that the buyer would not have acquired it, or would have given only a lesser price, if he had known them.
Article 1648, paragraph 1, of the Civil Code: The action resulting from the rectibitory defects must be brought by the purchaser within two years of the discovery of the vice.
Article L217-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee granted to him when acquiring or repairing movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days shall be added to the duration of the guarantee remaining to run. That period shall run from the buyer's request for intervention or from the provision for reparation of the property in question, if that provision is made after the request for intervention.
In order to assert its rights, the Customer will have to inform the Seller, in writing (email or mail), of the non-conformity of the Products or of the existence of the defects hidden from the moment of their discovery.
The Seller will refund, replace or cause to be repaired the Products or parts under warranty found to be non-compliant or defective. The shipping costs will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed on presentation of the proofs. Refunds, replacements or repairs to Products found to be non-compliant or defective will be made as soon as possible and no later than 7 days after the Seller finds that the product is not compliant or defective. This reimbursement may be made by bank transfer or cheque.
The Seller shall not be liable in the following cases:
– non-compliance with the legislation of the country in which the products are delivered, which it is for the Customer to verify.
– in case of misuse, use for professional purposes, negligence or failure to maintain on the part of the Customer, as in case of normal wear of the Product, accident or force majeure.
– The photographs and graphics presented on the site are not contractual and cannot be held liable by the Seller.
The Seller's warranty is, in any event, limited to the replacement or refund of Products not in conformity or affected by a defect.
ARTICLE 9: INFORMATION AND FREEDOMS
Pursuant to Law 78-17 of 6 January 1978, it is recalled that the personal data which are requested from the Customer are necessary for the processing of his order and the drawing up of invoices, in particular. Such data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders. The processing of information communicated through the site www.flower reflections.com has been the subject of a declaration to CNIL. The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to the information concerning him. This right may be exercised in accordance with the procedures described in the heading « legal notice » www.fleurs-reflections.com.
ARTICLE 10: INTELLECTUAL PROPERTY
The content of the site www.flower reflections.com is the property of the Seller and his partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an offence of counterfeiting.
ARTICLE 11: APPLICABLE LAW/LANGUE
These General Terms and Conditions and the resulting operations are governed and subject to French law. These Terms and Conditions are in French. If translated into one or more foreign languages, only the French text would be authentic in the event of a dispute.
ARTICLE 12: LITIGES
In the event of a dispute, the customer will be able to make his complaints with Reflets Fleurs: SARL REFLETS FLOWERS – 3, rue Manessier 94130 Nogent sur Marne.
We undertake to treat with the utmost attention any claims sent within 2 days of the expected delivery date.
In the absence of an amicable resolution, the dispute will be referred to the Tribunal de commerce de Paris. The Customer is also informed that he can also use the Online Dispute Settlement (RLL) platform. All disputes to which the purchase and sale operations concluded pursuant to these Terms and Conditions have not been the subject of an amicable settlement between the seller or by mediation shall be brought before the competent courts under ordinary law.
ARTICLE 1: SCOPE OF APPLICATION
These General Conditions of Sale (said « GTC ») apply, without restriction or reservation, to all sales made by the Seller to non-professional buyers (« Customers or the Client ») wishing to acquire the products offered for sale (« Products ») by the Seller on the site www.flower reflections.com. The Products offered for sale on the site are:
– Bouquet of flowers
– Delivery of bouquets
The main characteristics of the Products, including specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the website. www.flower reflections.com what the customer is required to know before ordering. The choice and purchase of a Product is the sole responsibility of the Customer. Offers of Products shall be within the limits of available stocks, as specified at the time of placing the order. These GTCs are available at any time on the website www.flower reflections.com and will prevail over any other document.
The Customer declares that he has read and accepted these GTCs by checking the box provided for this purpose before the implementation of the online order procedure of the site www.flower reflections.com. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions with the Customer.
The contact details of the Seller are as follows:
SARL FLOWER REFLETS
3 Manessier Street 94130 NOGENT SUR MARNE
Social capital of 8000 euros
Registered with the RCS of Creteil, under number 45373697700027
Email: contact@reflets-fleurs.com
Tel: 01 41 95 07 87
IntraCommunity VAT number FR49453736977
ARTICLE 2: PRICES
The Products are provided at the applicable rates listed on the site www.flower reflections.com, when recording the order by the Seller. Prices are expressed in Euros and VAT. The rates take into account any discounts that would be granted by the Seller on the site www.flower reflections.com. These tariffs are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify their prices at any time. Prices do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order. The payment requested from the Customer is the total amount of the purchase, including these costs. An invoice is drawn up by the Seller and delivered to the Customer upon delivery of the Products ordered.
ARTICLE 3: ORDERS
It is the responsibility of the Customer to select on the website www.fleurs-reflections.com the Products he wishes to order, in the following manner:
Product offers are valid as long as they are visible on the site, within the limits of available stocks. The sale will only be considered valid after full payment of the price. It is the responsibility of the Customer to verify the order's accuracy and immediately report any errors. Any order placed on the site www.flower reflections.com constitutes the formation of a remote contract between the Customer and the Seller. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of an earlier order. The Customer will be able to follow the evolution of his order on the site.
ARTICLE 4: PAYMENT CONDITIONS
The price is paid by secure payment, as follows:
– Payment by credit card via PayPal.
– payment by bank transfer to the seller's bank account (the contact details of which are communicated to the Customer when placing the order).
The price is payable in cash by the Customer, in full on the day of placing the order. Payment data are exchanged in encrypted mode using the protocol defined by the authorised payment provider involved in the banking transactions carried out on the site www.flower reflections.com. Payments made by the Customer will be considered final only after actual receipt by the Seller of the amounts due. The Seller will not be required to issue the Products ordered by the Customer if the Customer does not pay the price in full under the above conditions.
ARTICLE 5: DELIVERY
Products ordered by the Customer will be delivered to Île-de-France.
Delivery takes place within 24 hours at the address indicated by the Customer when ordering on the site. If the customer settles by transfer the delivery will be realized when it will be credited to Reflections Flowers. Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered at one time. The Seller undertakes to make his best efforts to deliver the products ordered by the Customer within the time specified above. However, these deadlines are provided for information purposes. If the Products ordered have not been delivered within the deadline it will be postponed to the next day. After the indicative date of delivery, for any cause other than force majeure or the fact of the Customer, the sale may be resolved at the written request of the Customer under the conditions laid down in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The amounts paid by the Customer will then be returned to him no later than 14 days after the date of termination of the contract, excluding any compensation or withholding. In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional invoice, upon quotation previously accepted in writing by the Customer. The Customer is required to check the condition of the products delivered. It has a period of 48 hours from the date of contact@reflets-fleurs.com, accompanied by all supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products shall be deemed to be compliant and free from any apparent defects and no claim shall be validly accepted by the Seller. The Seller shall refund or replace, as soon as possible and at its own expense, the Products delivered whose defects of conformity or apparent or hidden defects have been duly proved by the Customer, under the conditions laid down in articles L 217-4 et seq. of the Consumer Code and those provided for in these Terms and Conditions.
The transfer of the risk of loss and damage related thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk of the Seller unless the Customer has chosen the carrier himself. As such, the risks are transferred at the time the property is delivered to the carrier.
Article 6: TRANSFER OF PROPERTY
The transfer of ownership of the Seller's Products to the Customer will only be effected after full payment of the price by the Customer, regardless of the date of delivery of the said Products.
Article 7: Right of withdrawal
Due to the nature of the Products sold, orders placed by the Customer do not enjoy the right of withdrawal. The contract is therefore concluded definitively as soon as the order is placed by the Customer in accordance with the terms specified in these Terms and Conditions.
ARTICLE 8: RESPONSIBILITY OF THE SELLER/GARANTIES
Products provided by the Seller benefit from:
– the legal guarantee of conformity, for defective, damaged or damaged products or not corresponding to the order.
– the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use.
Provisions on legal guarantees: Article L217-4 of the Consumer Code: The seller is required to deliver goods in accordance with the contract and is responsible for any defects in conformity existing at the time of issue. It also responds to non-conformity resulting from packaging, assembly instructions or installation where it has been charged by the contract or has been performed under its responsibility.
Article L217-5 of the Consumer Code: The property complies with the contract:
1/ If it is suitable for the usual intended use of a similar property and, if applicable: – if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model. – if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling.
2/ Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the seller.
Article L217-12 of the Consumer Code: The action resulting from the lack of conformity shall be prescribed by two years from the date of issue of the property.
Article 1641 of the Civil Code: The seller is bound by the guarantee because of the hidden defects of the thing sold which make it unfit for use to which it is intended, or which reduce such use so much, that the buyer would not have acquired it, or would have given only a lesser price, if he had known them.
Article 1648, paragraph 1, of the Civil Code: The action resulting from the rectibitory defects must be brought by the purchaser within two years of the discovery of the vice.
Article L217-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee granted to him when acquiring or repairing movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days shall be added to the duration of the guarantee remaining to run. That period shall run from the buyer's request for intervention or from the provision for reparation of the property in question, if that provision is made after the request for intervention.
In order to assert its rights, the Customer will have to inform the Seller, in writing (email or mail), of the non-conformity of the Products or of the existence of the defects hidden from the moment of their discovery.
The Seller will refund, replace or cause to be repaired the Products or parts under warranty found to be non-compliant or defective. The shipping costs will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed on presentation of the proofs. Refunds, replacements or repairs to Products found to be non-compliant or defective will be made as soon as possible and no later than 7 days after the Seller finds that the product is not compliant or defective. This reimbursement may be made by bank transfer or cheque.
The Seller shall not be liable in the following cases:
– non-compliance with the legislation of the country in which the products are delivered, which it is for the Customer to verify.
– in case of misuse, use for professional purposes, negligence or failure to maintain on the part of the Customer, as in case of normal wear of the Product, accident or force majeure.
– The photographs and graphics presented on the site are not contractual and cannot be held liable by the Seller.
The Seller's warranty is, in any event, limited to the replacement or refund of Products not in conformity or affected by a defect.
ARTICLE 9: INFORMATION AND FREEDOMS
Pursuant to Law 78-17 of 6 January 1978, it is recalled that the personal data which are requested from the Customer are necessary for the processing of his order and the drawing up of invoices, in particular. Such data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders. The processing of information communicated through the site www.flower reflections.com has been the subject of a declaration to CNIL. The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to the information concerning him. This right may be exercised in accordance with the procedures described in the heading « legal notice » www.fleurs-reflections.com.
ARTICLE 10: INTELLECTUAL PROPERTY
The content of the site www.flower reflections.com is the property of the Seller and his partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an offence of counterfeiting.
ARTICLE 11: APPLICABLE LAW/LANGUE
These General Terms and Conditions and the resulting operations are governed and subject to French law. These Terms and Conditions are in French. If translated into one or more foreign languages, only the French text would be authentic in the event of a dispute.
ARTICLE 12: LITIGES
In the event of a dispute, the customer will be able to make his complaints with Reflets Fleurs: SARL REFLETS FLOWERS – 3, rue Manessier 94130 Nogent sur Marne.
We undertake to treat with the utmost attention any claims sent within 2 days of the expected delivery date.
In the absence of an amicable resolution, the dispute will be referred to the Tribunal de commerce de Paris. The Customer is also informed that he can also use the Online Dispute Settlement (RLL) platform. All disputes to which the purchase and sale operations concluded pursuant to these Terms and Conditions have not been the subject of an amicable settlement between the seller or by mediation shall be brought before the competent courts under ordinary law.