General Terms & Conditions
THE FLOWER SHOP
The present conditions of sale are concluded on the one hand by the company THE FLOWER SHOP, registered in the Répertoire des Entreprises et des Etablissements, under the number 884 219 882 00013 hereafter called “THE FLOWER SHOP” and managing the website www.jennifersflowershop.com and, on the other hand, by any individual or legal entity wishing to proceed to a purchase via the website www.jennifersflowershop.com hereafter called “the buyer”.
Article 1. Purpose
The present conditions of sale aim to define the contractual relations between THE FLOWER SHOP and the buyer and the conditions applicable to any purchase made through the website www.jennifersflowershop.com. The acquisition of a product through the present site implies an unreserved acceptance by the buyer of the present conditions of sale, which the buyer acknowledges having read before ordering. Before any transaction, the buyer declares on the one hand that the purchase of products on the site www.jennifersflowershop.com is not directly related to his professional activity and is limited to a strictly personal use and on the other hand to have the full legal capacity, allowing him to commit himself under the present general conditions of sale.
THE FLOWER SHOP reserves the right to modify these terms and conditions at any time, in order to respect any new regulation or in order to improve the use of its website. Therefore, the applicable conditions will be those in force at the date of the order by the buyer.
Article 2. Products
The products offered are those that appear on the website www.jennifersflowershop.com of THE FLOWER SHOP, within the limit of available stocks. THE FLOWER SHOP reserves the right to modify at any time the pricing of products. Each product is presented on the website in the form of a description of its main technical characteristics (dried flowers, vases, home decoration). The photographs are as accurate as possible but are not binding on the Seller. The sale of the products presented on the website www.jennifersflowershop.com is intended for all buyers residing in countries that fully authorise the entry of these products into their territory.
Article 3. Prices
The prices appearing on the product sheets of the internet catalogue are prices in Euros (€) including all taxes (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. THE FLOWER SHOP reserves the right to modify its prices at any time, it being understood that the price indicated in the catalogue on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, which are invoiced in addition to the price of the products purchased, depending on the total amount of the order. In metropolitan France and in the European countries for any order the shipping costs are offered; for any other country outside France and Europe a fixed rate of participation in the shipping costs will be invoiced to the buyer which vary for each country.
Article 4. Order and payment terms
THE FLOWER SHOP proposes to the buyer to order and pay for his products with 2 payment options, credit card or Paypal:
– Secure payment by Paypal or credit card (via the PAYPAL system): the buyer selects the products he/she wishes to order in the “basket”, modifies if necessary (quantities, references…), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: “Payment by Paypal”. The next step is to check all the information, read and accept the present general terms and conditions of sale by ticking the corresponding box, and then confirm the order by clicking on the “Confirm my order” button. Finally, the buyer is redirected to the PAYPAL secure interface in order to safely enter their Paypal account or personal credit card details. If the payment is accepted, the order is recorded and the contract is definitively formed. Payment by Paypal account or by credit card is irrevocable. In the event of fraudulent use of the card, the buyer may demand the cancellation of the payment by card, the sums paid will then be credited back or refunded. The responsibility of the bank card holder is not engaged if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must dispute the debit in writing with his or her bank within 70 days of the transaction, or even 120 days if the contract linking him or her to the bank so provides. The amounts debited will be reimbursed by the bank within a maximum of one month after receipt of the cardholder’s written objection. The holder shall not be charged any costs for the return of the sums.
Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge thereof and waiver of the right to invoke one’s own terms and conditions of purchase. All the data provided and the recorded confirmation shall be considered proof of the transaction. If the buyer has an e-mail address and if he/she has given it on the order form, THE FLOWER SHOP will send him/her an e-mail confirming the registration of his/her order.
If the buyer wishes to contact THE FLOWER SHOP, he can do so either by mail at the following address THE FLOWER SHOP, 1 rue des Acacias, Lattes 34970; or by email at the following address: email@example.com, or by phone at 06 38 78 24 29.
Article 5. Reservation of ownership
THE FLOWER SHOP retains full ownership of the products sold until the full payment of the price, in principal, expenses and taxes included.
Article 6. Withdrawal
In accordance with article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of retraction and thus return the product to the seller for exchange or reimbursement without penalty, with the exception of the return costs.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Orders are made by:
– La Poste via COLISSIMO, delivery service with tracking, delivery without signature. Delivery times are given as an indication only; if they exceed thirty days from the order, the sales contract may be cancelled and the buyer reimbursed. THE FLOWER SHOP may provide the buyer with the tracking number of his parcel by e-mail. The buyer is delivered to his home by his postman. In case of absence of the buyer, he will receive a notice of passage of his postman, which allows him to withdraw the ordered products at the nearest post office, during a time indicated by the postal services. The risks related to the transport are at the buyer’s charge from the moment the articles leave the premises of THE FLOWER SHOP. The buyer is obliged to verify in the presence of the employee of the Post Office or the deliveryman, the state of the packaging of the goods and its contents upon delivery. In case of damage during transport, any protest must be made to the carrier within three days of delivery.
– Mondial Relais, delivery service with tracking, delivery without signature. Delivery times are given as an indication only; if they exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. THE FLOWER SHOP may provide the buyer with the tracking number of his parcel by e-mail. The buyer is delivered to a worldwide relay close to their address by their postman. The risks related to the transport are at the buyer’s charge from the moment the articles leave the premises of THE FLOWER SHOP. The buyer is obliged to verify in the presence of the Mondial Relais employee or the delivery person, the state of the packaging of the goods and its contents upon delivery. In case of damage during transport, any protest must be made to the carrier within three days of delivery.
Article 8. Guarantee
All products supplied by THE FLOWER SHOP benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. In case of non-conformity of a product sold, it can be returned to THE FLOWER SHOP who will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by post to the following address THE FLOWER SHOP, 1 rue des Acacias, Lattes 34970, within thirty days after delivery.
Article 9. Responsibility
The company THE FLOWER SHOP, in the process of distance selling, is only bound by an obligation of means. Its responsibility cannot be engaged for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of service, or other involuntary problems.
Article 10. Intellectual property
All the elements of the website www.jennifersflowershop.com are and remain the exclusive intellectual property of THE FLOWER SHOP. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether they are in the form of a photo, logo, visual or text.
Article 11. Personal data
THE FLOWER SHOP is committed to preserving the confidentiality of the information provided by the buyer, which he/she may be required to transmit for the use of certain services. Any information concerning the buyer is subject to the provisions of the law n° 78-17 of January 6, 1978. As such, the Internet user has the right to access, modify and delete information concerning him/her. He can make a request at any time by mail to the following address THE FLOWER SHOP 1 rue des Acacias, Lattes, 34970.
Article 12. Settlement of disputes
The present conditions of distance selling are subject to French law. For all disputes or litigation, the competent court will be the Tribunal de Commerce, Montpellier.