Article 1 - Fields of Application and Modification of the General Conditions of Sale
The following General Terms and Conditions of Sale govern the contractual relationship between Girls and Roses and its customer in the context of a distance selling system, where both parties accept them without reservation. These conditions shall prevail over all other conditions. Girls and Roses reserves the right to adapt or modify, at any time, these general terms and conditions of sale. In case of modification,the general terms and conditions in force on the day of the order will be applied to each order. Both parties agree that this contract is submitted to the French law.
Article 2 - Price
The prices listed on girlsandroses.com include the order processing fees. However, shipping and delivery costs are added to the indicated prices. You will be informed of the amount of the shipping costs and the total of your order at the latest before confirming it. The prices are indicated in Euros, all taxes included, but excluding delivery costs, except for special operations mentioning the shipping costs included in all letters. They take into account the VAT applicable on the day of the order. Any change in the applicable rate may be reflected in the prices of the products, which may be modified at any time.
Article 3 - Presentation of the offer and availability of products
All pictures on the site are not contractual. In addition, the information presented on the website is intended to help the Internet user make the best possible choice with full knowledge of the facts and is therefore not contractual.
Article 3.2–Bouquets are delivered without containers. The containers shown in the pictures on the website represent a suggestion of presentation but will not be delivered with the bouquet. Therefore, the indicated prices on the website do not include a container. .
Article 3.3 - Personal messages
You can also choose to join a personal message to your flowers. All you have to do is to write the wanted message in the space provided for this purpose, when placing your order. However, as a third party, we reserve the right not to include racist, defamatory, obscene, vulgar or abusive language messages.
Article 4 - Geographical area
The online sale of fresh flowers is reserved for buyers who reside in Paris and its suburbs.
Article 5 - Order
To place an order, you will have to go through these following steps :
- Fill in the ID form on which you will indicate all the requested information.
- We ask you to be precise, clear and complete in your coordinates or in those of the person to whom you intend your order (name, address, telephone number but also digicode, floor...).
- Fill in the online order form with all the references of the chosen products.
- Validate your product choice.
- Take note of the delivery costs
- Process to the payment in accordance with the terms of the contract.
- Confirm your order and the payment.
Girls and Roses reserves the right to cancel any order from a customer with whom there would be dispute regarding the payment of a previous order.shopping bag after the control process of your order (summary step of your cart), you declare to accept this one as well as the entirety of the present General Conditions of Sale fully and without reserve.
Article 6 - Modification or cancellation of an order
You can modify the shipping information or cancel your order before this one is being prepared : all you have to do is to contact our customer service and ask them to process to the changes. You can reach them by e-mail to firstname.lastname@example.org or by phone +33(0)9 86 15 75 20 (from 10 a.m to 6 p.m, price of a local call). However, once the order is being prepared, all modifications and cancellations will be impossible.
Article 7 - Payment
The order is placed by the Internet and payable by credit card via the payment solution called STRIPE. The payment will be considered effective once the payment centers concerned have given their approval. In case of refusal of the said centers, the order will be automatically cancelled and the customer will be informed. At your request, you will be sent an invoice.
Article 8 - Delivery
Article 8.1 - Delivery area
Girls and Roses provides delivery of items on sale on the site girlsandroses.com, in Paris only. The delivery price is 10 euros. It is also possible to come pick up by yourself your order directly in our store. The products are delivered to the shipping address indicated by the client during the validation of the order. In case of an incomplete, wrong or lack of information address leading to an impossibility of delivery (see delivery instructions : digicode, intercom...), Girls and Roses will not be held responsible for the quality of the delivery. Any representation or redelivery may be charged to the customer.
Article 8.2 - Days or periods of celebration
During days and periods of celebrations such as Valentine’s Day, Grand-Mother’s Day, the end of the year holiday, Mother’s Day… We will not be able to guarantee a delivery in the in the chosen time slot. By ordering on girlsandroses.com, you accept the order to be delivered at any time during the chosen day. In this case, we will inform you if we are unable to deliver at the desired time.
Article 8.3 - Delivery in public places
Special delivery conditions could be applied to certain locations such as hotels, hospitals and offices. In these cases, the signature of the person authorized to receive the delivery (such as receptionists, staff…) will be accepted as proof of delivery which will be considered completed. Some establishments, such as hospitals, do not accept flower deliveries. Before placing your order, we ask you to be sure that the establishment accepts flower deliveries. In case of refusal of the order by the reception or the staff room, we will not be obliged to make a refund.
Article 8.4 - Major Force
Our responsibility will not be engaged if the execution of the contract is delayed or prevented due to events beyond our control such as war, riot, fire, strikes, accidents, climatic incidents imposing traffic restrictions and the impossibility of being supplied.
Article 8.5 - Absence or refusal of the recipient
We undertake to call the recipient a little before the delivery to make sure that he is present. If you do not want the recipient to be called, please precise it in the delivery and order comments. In this case, it will be your responsibility to ensure that the recipient is present at the time of delivery. Indeed, if the recipient is not available, we will not be obligated to issue a refund or exchange. In case of absence of the recipient at the delivery address, a notice of passage will invite him to come either to the post office or to the nearest store to take possession of the products made for him. The delivery will then be considered completed. If the recipient fails to come to the store to pick up the floral product, you will not be entitled to any refund or exchange. It will be the same if the recipient goes to the store after the date of the floral product conservation. In case of refusal by the recipient to take the floral product, the delivery will be considered completed and you will not be entitled to any refund or exchange.
Article 8.6 - Non-reception of the products by the recipient
We undertake to inform you by e-mail in case of refusal of the products by the recipient, in case of wrong or incomplete address preventing the delivery or in case of delivery of a transit advice note to the absent recipient. We draw your attention to the fact that, even in these cases, the delivery will be considered completed.
Article 8.7 - Delivery accidents
In the event that an incident occurs during the delivery (except major force), making it impossible, in accordance with Article 1138 of the Civil Code, the damaged product will be replaced at our own expense. However, our responsibility will not be engaged if the non-performance or poor performance of the contract is attributable to you or to the unforeseeable and insurmountable act of a person outside the contract (service providers are not considered as such) or to a case of major force.
Article 9 - Guarantee
All products supplied by the seller benefit from the legal guarantee provided in articles 1641 and following of the Civil Code.
Article 10 - Withdrawal, claim and refund
Article 10.1 - Withdrawal
The fresh flowers and potted plants being quickly perishable, a right of retraction is not possible concerning them in accordance with the article L121-20-2 of the Code of the Consumption. However, regarding vases, containers and accessories, you have a right of withdrawal of seven days from the date of delivery. The product must be returned in perfect condition and in its original packaging. If you decide to take this right, you must send us a registered letter. The refund will therefore be integral and will include the totality of the paid sums, including the expenses of delivery in accordance with the law Châtel of January 3, 2008. The refund will take place no later than thirty days following the date on which your right of withdrawal is exercised. You will be responsible for the return shipping costs unless a product in your order has been substituted by another one due to availability problems. In this case, these costs will be at our charge. However, to benefit from the right of withdrawal, the product must be returned in perfect condition and in its original packaging. If this is not the case, we will not be held to any compensation.
Article 10.2 - Claim
For bouquets, plants and dried flowers, in case of a claim, we invite you to provide us pictures of the products within two days following the delivery date indicated so we can establish its defect. The product will then be exchanged or refunded, excluding any other compensation or damages. The exchange or refund is excluded when the floral products could not be delivered to the recipient on the initially planned delivery date. Regarding vases, containers and accessories, claims will have to be done within three days of the estimated delivery date and be accompanied by a picture. Once the defect is found, the product will be exchanged or refunded. In no case there can be damages.
Article 10.3 - Refund
The refund of the order will be possible only in case of withdrawal, claim or error in the order or delivery attributable to our service. All refunds will take place in a maximum delay of thirty days following the withdrawal, claim or the awareness of the error. All claims, requests for exchange or refund must be made by e-mail at : email@example.com
Article 11 - Intellectual Property
All texts, illustrations and pictures presented on the website girlsandroses.com are protected by the intellectual property rights. Any reproduction is strictly forbidden as well as any use even partial without preliminary authorization.
Article 12 - Litigation
The present conditions of sale on line are subjected to the French law. In the event of a dispute, jurisdiction is given to the competent courts of Paris, notwithstanding multiple defendants or warranty claims. However, in case of dispute, you are invited to contact by e-mail at the following address: firstname.lastname@example.org in priority to try to find an amicable solution.