1. Application and enforceability

1.1. The general conditions of sale allow the customer to place an order with full knowledge of the facts and are therefore deemed to have been accepted as soon as the customer orders one of the products of Graine de Fleurs, by validating it on the website.

1.2. In the event that the customer has his own conditions of purchase, these cannot prevail over these T&Cs without the express agreement of Le Graine de Fleurs.

2. Order taking and confirmation

2.1. Choice of products: The main characteristics of the products offered for sale and in particular the composition, specifications, illustrations and indications of dimensions, are presented on the website. Although all our efforts are made to represent the product as faithfully as possible, the photographs are not contractual and do not engage the responsibility of Graine de Fleurs.

2.2 The customer is required to refer to the description of the product in order to know its properties and essential particularities. He thus acknowledges having read the nature, destination and methods of use of the products available, in particular the fact that the products are not edible.

2.3 The customer undertakes to provide the information required at the time of his order in good faith and with the maximum precision, in order to facilitate the proper delivery of the product and a healthy and transparent contractual relationship. In particular, in the event of an error in the wording of the recipient's contact details, Graine de Fleurs cannot be held responsible for the impossibility of delivering the product.

2.4  The availability of products is indicated on the site, which is intended to be as exhaustive and precise as possible.   In any case, if the unavailability was not indicated at the time of the order, Graine de Fleurs undertakes to inform the customer without delay if the product is unavailable. The customer will then have the choice, either to be reimbursed the corresponding amount without delay and, at the latest, within fifteen days by crediting his bank card, or to choose another product, of equivalent quality and price.

2.5 The order does not become final until it is confirmed.

2.6 Graine de Fleurs reserves the right to refuse any order for legitimate reasons.

3. Price

3.1. The prices indicated on the product page and on the order form are in Euros including VAT, from our workshop.

3.2. Delivery costs are extra and are indicated on the order form.

4. Cash on order

4.1. Payment is made in cash online by credit card. This is the reason why there are no discount conditions or late payment penalties. Major Corporate Accounts, however, benefit from payment by invoice, upon receipt.

4.2. The currency used for the transaction is the Euro. The amount, debited from the account of the bank card used, will depend on the rate of the Euro on the day of the debit and any exchange costs levied by the bank issuing the card.

5. Delivery of products

5.1. Parcels are prepared and packaged by Graine de Fleurs in closed, resistant packaging, appropriate to the content and transport requirements.

5.2. The customer is responsible for the mentions relating to the name and to the address of the recipient which must allow a delivery under the normal conditions. Graine de Fleurs cannot be held responsible for a return delivery due to an error in the address or an impossibility to deliver to the address indicated.

5.3. Orders indicating a PO box address cannot be taken into account.

5.4. The choice of delivery time and the method of delivery of the product to the customer are  left to the customer at the time of the order.

In any case, the customer is informed and accepts that the delivery cannot be made at a specific time, but on a time slot.

5.5 It is the recipient's responsibility to check the package in the presence of the deliverer. Any anomaly during delivery must be reported on the delivery note. Without compliance with this clause, no refund procedure with the chosen carrier can be initiated.

 5.6  Graine de Fleurs cannot be held responsible if the product has not been delivered for the following reasons: force majeure as defined by the courts, natural disasters or carrier strikes.

In summary, the proposed delivery/collection date is guaranteed: 

• Except in cases of force majeure,

• Excluding carrier strikes,

• Provided the delivery address is accurate, correct and complete,

• Provided that the recipient of the order is present at the time of delivery, unless the "relay point" option has been chosen.

6. Transfer of ownership - Transfer of risk

6.1. The transfer of ownership of the products to the customer only takes effect after full payment of the price by the latter.

6.2. Graine de Fleurs insures the risk of loss and deterioration of the products until the said products are delivered to the recipient. The transfer of risks is therefore made from the moment the recipient has acknowledged receipt of the products.

7. Complaints - Disputes

7.1 Graine de Fleurs   presumes the client's good faith when the latter presents his concern and verifies the facts presented carefully but with benevolence. 

7.2. In order to limit worries, the customer must ensure the conformity of the delivery with his order, upon receipt of the products, with the deliveryman. Any damage must be the subject of specific reservations, dated and signed, on the delivery note.

7.3 Any complaint must be made within 5 working days after receipt of the order, to the Graine de Fleurs customer service department:

• Or by mail: Graine de Fleurs, 26 rue de Tours, 37270 Saint Martin le Beau

• Either by email via the form located in the "Contact" section.

​

7.4. This complaint must be substantiated and accompanied by proof of the damage suffered (transport note, photo of the package received, etc.). After the analysis and acceptance of the complaint by Graine de Fleurs, a commercial gesture (reimbursement of shipping costs, return of the product at the expense of Graine de Fleurs, return of a new product, etc.) will be offered to the customer. to the exclusion of any other indemnity or damages.

7.5 Applicable law

These General Terms and Conditions of Sale and the resulting operations are governed by and subject to French law. In the event of a dispute, only the French courts will be competent.

8. Personal data

It is recalled in the preamble that Graine de Fleurs markets flower arrangements and will only use your data for this exclusive purpose. In particular, your data will not be sold or communicated to anyone, or used for other purposes.

This indicated and in accordance with law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as GDPR), Graine de Fleurs ensures the implementation implementation of the rights of data subjects.

​

It is recalled that the customer whose personal data is processed benefits from the rights of access, rectification, updating, portability and deletion of the information which concerns him, in accordance with the provisions of articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the General European Regulation on the Protection of Persons (GDPR).

In accordance with the provisions of article 38 of the amended Data Protection Act and the provisions of article 21 of the GDPR, the customer may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without costs. The customer can exercise these rights by sending his request

​

By email via the form located in the "Contact" section.

It is specified that the customer must be able to prove his identity, either by scanning an identity document or by sending a photocopy of his identity document.

​

9. RIGHT OF WITHDRAWAL

In accordance with article L.221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the Customer, or a third party other than the carrier and designated by the customer, takes physical possession of the product.

For this, the product must be returned or returned without undue delay, and at the latest within five days of the communication of its decision to withdraw. It is specified that the customer bears the cost of returning the product.

To exercise his right of withdrawal and in accordance with article L.221-21 of the Consumer Code, the consumer customer must notify his decision to withdraw by means of a declaration

      Or by mail: Graine de Fleurs, 26 rue de Tours, 37270 Saint Martin le Beau

either by email via the form located in the "Contact" section.

However, this right of withdrawal cannot be exercised for Orders relating to products which have been personalized according to the customer's specifications, in accordance with article L.221-28 of the Consumer Code.

10. Liability

Graine de Fleurs cannot be held liable if the non-performance or poor performance of the contract is attributable either to the customer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.

Graine de Fleurs cannot be held liable for non-compliance of the product with the legislation of the customer's country, which is responsible for checking whether the product is not prohibited for sale in his country.

Graine de Fleurs cannot be held liable for failure to make the necessary reservations with the carrier in the event of a packaging defect (crushed / open / wet or damaged package). It is the customer's responsibility to immediately check whether the Product is in good condition upon receipt.

Graine de Fleurs cannot be held liable in the event of ingestion of the product: it is recalled that the product is floral art and is not edible.

11. Prohibitions

11.1: The "Graine de Fleurs" brand, the images, texts, photos, logos and models have been filed with the INPI and/or are the exclusive property of Graine de Fleurs and are protected as such by the law of the intellectual property.

Consequently, the customer may not use, in any way whatsoever, the brand, images, texts, photos, logos and models present on the site or which have been sent to him, as well as duplicate or draw inspiration from a product sent to him.

The customer also undertakes to take all necessary measures to protect these rights vis-à-vis third parties.

11.2: The customer must under no circumstances resell the products which are intended for his personal use or that of the recipient of his order. A specific reseller or franchise contract may be drawn up for this purpose.