INTEGRALITY
These general conditions express the entirety of the obligations of the parties.
In this sense, the buyer is deemed to accept them without reservation.
Maison Flore Paris and the buyer agree that these general terms and conditions exclusively govern their relationship. Maison Flore Paris reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are published online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
SUBJECT
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by Maison Flore Paris to the buyer.
These conditions only apply to purchases made by buyers who wish to be delivered and who have their usual place of residence in one of the countries that appear in the drop-down menu when the customer creates an account on the site.
ORDER
The buyer has the possibility to place his order online, from the online catalogue and by means of the form which appears there.
In order for the order to be validated, the buyer must accept, by clicking in the indicated place, the present general conditions.
The buyer will also have to choose the address and the delivery method, and finally validate the payment method.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
In certain cases, such as non-payment, incorrect address or other problems with the buyer's account, Maison Flore Paris reserves the right to block the buyer's order until the problem is resolved.
In case of unavailability of an ordered product, the buyer will be informed by e-mail.
The cancellation of the order of this product and its possible refund will then be carried out, the remainder of the order remaining firm and definitive.
For any question relating to the tracking of an order, the buyer can refer to the order tracking number that he receives in the order confirmation email, or call 01 42 78 42 48 from Monday to Friday from 10am to 6pm.
ELECTRONIC SIGNATURE
The online provision of the buyer's credit card number and the final validation of the order shall constitute proof of the buyer's agreement in accordance with the provisions of the law of 13 March 2000 and shall constitute proof of the buyer's agreement:
- Payment of the amounts due under the purchase order,
- Signature and express acceptance of all operations carried out.
ORDER CONFIRMATION
Maison Flore Paris will then acknowledge receipt of the order in the form of an e-mail sent to the address provided by the client. In accordance with the provisions of article 1369-2 of the Civil Code, the client formally accepts the use of e-mail for the confirmation by Maison Flore Paris of the content of the order.
This confirmation e-mail contains all the information communicated by the client with an indication, where applicable, of any difficulties or reservations raised by the order (availability of the items ordered, delivery times or method of payment chosen). It mentions the order number assigned to the client by Maison Flore Paris.
PROOF OF TRANSACTION
The computerised registers, kept in Maison Flore Paris computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. The order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
PRODUCT INFORMATION
The products governed by these general conditions are those that appear on the maisonfloreparis.com website and that are indicated as being sold and shipped by Maison Flore Paris. They are offered within the limits of available stocks.
Maison Flore Paris products are described and presented as accurately as possible. However, Maison Flore Paris cannot be held liable for any errors or omissions in this presentation.
Moreover, Maison Flore Paris is an antique materials upcycling project, some of our fabrics may present marks of time.
The photographs of the products are not contractual.
PRICE
Maison Flore Paris reserves the right to change its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
The prices are indicated in euros. They do not take into account delivery costs, which are invoiced in addition and indicated before the order is validated. For countries within the European Union: prices include the applicable V.A.T. … For countries outside the European Union: the prices shown do not include V.A.T. Each country’s V.A.T. and administrative fees will likely be collected in the destination countries and paid for by the recipient when the package arrives. The payment of the totality of the price must be made at the time of the order. At no time may the sums paid be considered as a deposit or advance payment.
CUSTOMS
Any order placed on the site and delivered outside of France may be subject to taxes or customs duties that are imposed when the package reaches its destination.
Any customs duties or taxes associated with the delivery of an item are the responsibility of the customer.
To find out about In the event of a dispute with a customer, the French courts will have exclusive jurisdiction. In the event of a dispute with a customer, the French courts will have exclusive jurisdiction.
METHOD OF PAYMENT
To pay for the order, the buyer can choose from all the payment methods made available by Maison Flore Paris on the maisonfloreparis.com website. The buyer guarantees Maison Flore Paris that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order.
Maison Flore Paris reserves the right to suspend all order processing and deliveries in the event of refusal to authorise payment by credit card by the officially accredited organisations or in the event of non-payment. In particular, Maison Flore Paris reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
PRODUCT AVAILABILITY - REFUNDS
Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the site, the delivery times will be, within the limits of available stocks, those indicated below. The delivery times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in mainland France, the delivery time is 2 to 4 working days for a delivery via Colissimo.
For international deliveries, the delivery time is 2 to 8 working days depending on the country for express delivery via DHL / Fedex / Chronopost.
In the event of non-compliance with the contractual deadlines, the purchaser may dissolve the agreement by registered letter with acknowledgement of receipt, after having requested Maison Flore Paris to carry out the delivery or provide the service within a reasonable additional period.
However, if he so desires, the buyer may immediately withdraw from the contract if the dates or deadlines referred to above constitute an essential condition of the contract for him.
In this case, if the agreement is terminated, Maison Flore Paris is obliged to reimburse the buyer for the entire amount paid, at the latest within 14 days of the date on which the agreement was terminated.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the option of requesting a refund of the sums paid within 14 days at the latest of their payment.
TERMS OF DELIVERY
Delivery is only made after confirmation of payment by Maison Flore Paris bank.
Delivery will only be made to the countries indicated in the drop-down menu on the site.
No deliveries are made to post boxes. The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure that this address is correct. Any parcel returned to Maison Flore Paris because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice in the letterbox, which will allow the buyer to collect the parcel at the place and during the time indicated.
If at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because it was opened or damaged). The buyer must then notify Maison Flore Paris of any reservations by any means within 3 days of receiving the product.
DELIVERY ERRORS
The buyer must submit any claim of delivery error and/or non-conformity of the products in kind or in quality with the information on the order form to Maison Flore Paris on the day of delivery or at the latest on the first working day following delivery. Any claim made after this deadline will be rejected.
The claim may be made at the buyer's option:
- By email to bonjour@maisonfloreparis.com
- By telephone on 01 42 78 42 48
Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release Maison Flore Paris from any liability towards the buyer.
The product must be returned to Maison Flore Paris in its original packaging at the address Maison Flore Paris will communicate to the buyer.
PRODUCT GUARANTEE
The products sold are covered by a commercial guarantee aimed at ensuring their conformity and guaranteeing the reimbursement of the purchase price, replacement or repair of the goods.
It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
The foregoing provisions are not exclusive of the application of the legal guarantee of conformity of article l. 211-4 of the Consumer Code and the guarantee of the thing sold of articles 1641 and following of the Civil Code.
RIGHT OF WITHDRAWAL
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of the return costs, which remain the responsibility of the buyer.
Only products returned in their entirety, in their original packaging, complete and intact, and in perfect condition for resale will be accepted. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
RETURN PROCEDURE-REFUND
Once the buyer has communicated his decision to withdraw, he has 14 days to return the goods.
The product must be returned to Maison Flore Paris in its original packaging at the following address Boutique Maison Flore Paris / 45 rue Charlot 75003 PARIS.
This right of withdrawal is exercised without penalty, it being understood that the return costs are to be borne by the buyer. Maison Flore Paris must reimburse the buyer for the total amount paid (excluding delivery costs) without undue delay and at the latest within 14 days of being informed of the consumer's decision to withdraw.
Maison Flore Paris may, however, postpone the reimbursement until the goods have been recovered or until the buyer has provided proof of shipment of the goods, whichever comes first.
LITIGATION
All disputes to which the purchase and sale operations concluded in application of the present general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he/she may in any case have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. cons. art. L 612-1) or with the existing sectoral mediation bodies, the references of which are given on the website www.maisonfloreparis.com or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In the event of a reminder of the provisions of the RGPD on group action
The customer, noting that a violation of the general regulation on the protection of personal data would have been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the data-processing law and freedom of 1978, in order to obtain against the person in charge of treatment or subcontractor, compensation in front of a civil or administrative jurisdiction or in front of the national commission of data processing and freedoms.
FORCE MAJEURE
Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered as grounds for the release of the parties from their obligations and shall result in their suspension.
The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence and of their disappearance.
All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as force majeure. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.
PARTIAL NON-VALIDATION
If one or more provisions of these general terms and conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.
NON-WAIVER
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
TITLE
In the event of any difficulty of interpretation between any of the headings in the clauses and any of the clauses, the headings shall be declared non-existent.
APPLICABLE LAW
The present general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer shall first contact Maison Flore Paris to obtain an amicable solution. Failing this, the buyer may bring proceedings before the court of his choice.