Terms and Conditions from the Boutique de Florésie

Subject

The below general terms of sale set out the rights and obligations of both the company, Florésie, and its customers in relation to the sale of goods from the Florésie store (floral design equipment and materials). 

Any service provided by Florésie therefore implies the buyer's unreserved acceptance of these general terms of sale.

Pricing 

The prices of the goods sold are those in effect on the day the order is taken. All prices are denominated in Euro and calculated exclusive of tax. Consequently, they will be increased by the rate of VAT and costs of transport applicable on the day of the order.

Florésie has the right to modify its prices at any time. However, goods will be invoiced for the prices indicated when the order is taken.

Availability of products

All products are understood to be subject to the limits of stock availability and EIRL Mayor Florésie is under no obligation in this regard. In the event products are only partly available, Florésie may be required, with the customer's agreement, to split the order by making immediate delivering of the available products and the remainder of the order upon the availability thereof.

If a product is unavailable, Florésie may offer an alternative product of equivalent price and quality. Should Florésie not opt for this solution, the customer will be reimbursed as soon as possible and no later than 30 days after the customer's payment was received.

 Shipping and packaging costs

You will be invoiced for shipping and packaging costs. Shipping costs are specified and accepted when the order is finalised.

 

Payment terms

We only accept payments by card. 

Full payment is required at the time the order is placed and prior to shipment.

 

Late payment/penalties

Florésie reserves the right to suspend or cancel any order and/or shipment in the event of non-payment or late payment of invoices on their due date.

Late payment interest will be added to amounts due at twice the legal interest rate in accordance with French Law No. 2001-420 of 15 May 2001.

 

Delivery times/Accepting your delivery

Delivery times are provided in working days on the web site at the time of ordering. These times include preparing and shipping the order and the time required by the carrier. 

Delivery times are provided for information only and any delays will not entitle the customer to compensation or interest. Florésie cannot be held responsible for the consequences of any events beyond its control, particularly events of force majeure or any event that is the responsibility of the carrier that may delay or prevent delivery of the order.

You must check, in the presence of the delivery person, the number of packages delivered, the condition of each package and all received items. In case of doubt, you must refuse the package and inform Florésie immediately. If you accept the package with observations noted on the acknowledgement of receipt, you have 48 hours to notify Florésie of any anomaly (damaged package or defective product) and the carrier by registered letter with acknowledgement of receipt, including details of the damage. If you do not make your observations known when taking receipt of the order, the package(s) will be deemed compliant and any claim thereafter will not be considered.

 

Retention of ownership

Florésie will retain ownership of all goods sold until all costs and surcharges have been paid in full. As such, if the buyer is subject to a company restructure or compulsory liquidation, Florésie reserves the right to claim back all unpaid items under insolvency proceedings.

 

Right to cancel/refund

In accordance with Articles L121-21 et seq. of the French Consumer Code, the customer has the right to cancel the order within 14 days from delivery of the order without having to give a reason. Florésie will refund the amounts paid for the relevant products and any relevant standard shipping costs via the original payment method. 

The customer will have 14 days to return any items and/or request an exchange or refund, exclusive of shipping costs. All products must be returned in their original packaging, in perfect condition and with all accessories and instructions. Products are returned at the customer's own risk and expense.

The right to cancel cannot be exercised for products that have been altered at the customer's request, such as customised or made-to-measure products and special-order or one-off items). Items that are returned either incomplete, damaged, worn, used or soiled will not be accepted. Florésie will refund or exchange items within 14 days of receiving them. 

 

Returns 

Returns will not be accepted without prior agreement from us. You can request a return at the following address: laboutique@floresie.com

Returned products must be in a new and unused state suitable for resale, in their original condition with sealed packaging (including all accessories, instructions, etc.), and accompanied by the invoice. Items that are returned either incomplete, damaged, worn, used or soiled will not be accepted. Goods are returned at the customer's expense. Refunds offered under the right to cancel will only be paid to the original payment card. This excludes specially manufactured, customised or non-catalogue items.

 

Personal data/GDPR

The collection of personal data is mandatory for online and distance selling for the purposes of confirming and validating customer orders as well as tracking and shipping. We are unable to process orders without this information. For these purposes, such data may be passed to Florésie by our transport providers. We do not sell or share data for any other purpose than the processing of orders.  

You have the right to request the personal data that we hold about you. If you wish to receive an email with your personal data, or you would like to rectify or supplement your personal data, you can contact Florésie at laboutique@floresie.com.

You have the right to delete any personal data held by Florésie at any time, except where: *you have an outstanding issue with Customer Services; *you have an open order that has not yet been (fully) delivered; *you owe outstanding amounts to Florésie, regardless of the method of payment; *you have used or are suspected of having used our services fraudulently during the last four years; *your debts have been sold to a third party in the last three years or, for deceased customers, in the past year; *if you have made a purchase, we will keep your personal data relating to the transaction for accounting purposes.

The information you provide via our website enables Florésie to:

- Deal with your questions and information requests

- Send you publicity material or special offers

- Send you your newsletter subscription

- Send you emails about the products that interest you. 

In accordance with the French Data Protection Act of 06/01/1978 (Art. 27), you have the right to access, rectify and oppose all data concerning you. Send your request to us along with proof of your identity to Florésie, 2 rue du Pâquier, 71240 Laives, France.

Intellectual property and site user licence

Florésie is the sole owner of all information on our website, including but not limited to all text, files, images, both moving and still, photographs, videos, logos, designs, models, software, brands, visual identity and databases, as well as the structure of the site and all other elements of intellectual property and other data or information (hereinafter, the “elements”) that are protected by French and international laws and regulations relating to intellectual property. 

Consequently, none of the elements of the website may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, disseminated, represented, stored, used, rented or exploited in any other way, free of charge or for payment, by a Customer or a third party, whatever the means and/or format used, whether known or unknown, without the prior express and written authorisation of Florésie on a case-by-case basis. The Customer is solely responsible for any unauthorised use and/or exploitation. 

Florésie reserves the right to pursue all legal routes against persons who have not respected the restrictions set forth in this article. 

Guarantee 

If an item has a manufacturing defect, please email a photo of the item, a description of the defect and the invoice number to laboutique@floresie.com. Subject to the validity of the manufacturer's guarantee, we will repair, refund or exchange the item. Florésie's liability cannot exceed the amount paid/received for this item. For products with a specific manufacturer's guarantee, mentioned on our website or in the catalogue, please contact us if a problem occurs during the warranty period.

 

Applicable law

Any dispute relating to the interpretation and execution of these general terms of sale is subject to French law.

In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Chalon sur Saône.