General terms and conditions of sale

ARTICLE 1 - Scope of application

Use of the website https://www.fleurirlavenir.com implies full and unreserved acceptance of the terms and conditions of use described below. These terms and conditions of use may be modified or supplemented at any time; therefore, users of the website https://www.fleurirlavenir.com are encouraged to consult them regularly.

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("The Customers" or "The Customer") wishing to purchase the products offered for sale ("The Products") by the Seller on the website https://www.fleurirlavenir.com. The Products offered for sale on the website are as follows:

Porcelain flower arrangements, dried flower arrangements and decorative objects.
In addition, the company FLEURIR L'AVENIR also organizes floral ceramics workshops and dried flower arrangement workshops. These workshops cannot be booked directly on the website https://www.fleurirlavenir.com ; you must contact the seller to reserve a date.

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the website https://www.fleurirlavenir.com, which the customer is required to review before ordering. Dimensions are given as the widest and tallest measurements. Given the nature of the product, these dimensions are approximate; variations of a few centimeters cannot be attributed to the company Fleurir l'Avenir.

However, SAS Fleurir l'Avenir cannot be held responsible for omissions, errors and deficiencies in updates, whether due to its own actions or those of third-party partners who provide it with this information.

All information displayed on the website https://www.fleurirlavenir.com is provided for informational purposes only and is subject to change. Furthermore, product information on the website https://www.fleurirlavenir.com is not exhaustive. It is provided subject to modifications that may have been made since its publication.

The choice and purchase of a Product is the sole responsibility of the Customer.

Product offers are subject to availability, as specified when placing the order.

These terms and conditions are accessible at any time on the website https://www.fleurirlavenir.com and shall prevail over any other document.

The Customer declares that they have read and accepted these Terms and Conditions by ticking the box provided for this purpose before implementing the online ordering procedure on the website https://www.fleurirlavenir.com.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

Fleurir l'Avenir, SAS

Share capital of 1000 euros

Registered with the Paris Trade and Companies Register under number: 914 689 427

23 rue de Turenne

Email: fleurirlavenir@gmail.com

Telephone: 06 32 61 31 96

Intra-Community VAT number: FR 82914689427

The products presented on the website https://www.fleurirlavenir.com are offered for sale in the following territories:

France and European countries.

In the case of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas territories, the price will be calculated excluding taxes automatically on the invoice.

Customs duties, local taxes, import duties, or state taxes may be applicable. These will be borne by and are the sole responsibility of the Client.

ARTICLE 2 - Price

The Products are supplied at the prices in effect on the website https://www.fleurirlavenir.com, at the time the order is registered by the Seller.

Product offers are only valid for the duration of their presentation on the website.

Prices are expressed in Euros, including VAT.

The prices take into account any discounts that may be offered by the Seller on the website https://www.fleurirlavenir.com.

These prices are fixed and non-revisable during their period of validity, but the Seller reserves the right, outside the period of validity, to change the prices at any time.

Prices do not include processing, shipping, transport and delivery fees, which are charged separately, under the conditions indicated on the website and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.

An invoice is issued by the Seller and given to the Customer upon delivery of the Products ordered.

In the event that a product proves unavailable after the customer's order has been finalized, Fleurir l'Avenir will inform the customer in order to arrange either:

to postpone delivery while awaiting restocking of this product when possible.

to replace the product with another of equivalent quality and price,

To be reimbursed upon written request.

However, it is specified that in the event of a purchase made totally or partially by means of a credit note or a gift voucher, the refund will be in the form of a credit note for the total value of the goods for which the right of withdrawal is exercised.

ARTICLE 3 – Orders

It is the Client's responsibility to select the Products they wish to order on the website https://www.fleurirlavenir.com, according to the following terms:

3-1 Identification

To make a purchase on the FLEURIR L'AVENIR website, you must create a personal account and first provide the requested information using the online forms. (First and last name, postal address, telephone number, email address, etc.)

The information you provide must be accurate, complete, and sufficient to ensure the proper execution and delivery of your order. You must provide your landline and/or mobile phone number, as well as those of the recipient, your email address, and that of the recipient. If necessary, please also provide access codes to the buildings where deliveries will be made.

The information you provide when placing your order is contractually binding. Therefore, in the event of errors in the recipient's contact information, the Company cannot be held responsible for the inability to deliver the Product or for any delay in delivery of the ordered Product.

3-2. Acknowledgment

The Client, as the ordering party or customer, must know:

– That the customer is deemed to have read and irrevocably accepted these General Terms and Conditions of Sale, the company FLEURIR L'AVENIR invites its customers to carefully read the General Terms and Conditions of Sale in force for each new order, as modifications to said conditions are binding on the customer as soon as they are "posted online" at the address of the website.

– That the order has been placed and that he/she definitively accepts the ordering process and these contractual terms and conditions on the website www.fleurirlavenir.com

– That, by mutual agreement between the parties, the data recorded by FLEURIR L'AVENIR constitutes proof of the nature, content, terms, and amount of the order. Information relating to any transaction carried out using the login credentials will be stored and archived by FLEURIR L'AVENIR and will serve as evidence in the event of a dispute with the Client. This information will be retained for the period required by applicable legal statutes of limitations.

– That he requests the Company FLEURIR L'AVENIR via its sales channels from Monday to Friday from 8 a.m. to 6 p.m. excluding certain public holidays, to have a Product made by the Company FLEURIR L'AVENIR delivered remotely to a specifically named recipient and to have it delivered remotely via its logistics providers.

– That in accordance with article 121-20 of the Consumer Code, the customer has a period of 14 days from the receipt of his products to exercise his right of withdrawal (subject to the legal exclusions described below).

– That the order summary serves as proof.

– That he must ensure that, on the date and at the time of delivery, the recipient or a person representing him will be able to receive the product.

– That it is possible that, on the occasion of an important holiday (Mother's Day…) with high delivery traffic, you may see your order delivered the day before the holiday in question, without the possibility of compensation.

Product offers are valid as long as they are visible on the website, subject to available stock.

The sale will only be considered valid after full payment of the price. It is the Client's responsibility to verify the accuracy of the order and to report any errors immediately.

Any order placed on the website https://www.fleurirlavenir.com constitutes the formation of a distance contract between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to payment for a previous order.

ARTICLE 4 - Payment Terms

The price is paid via secure payment, according to the following terms:

payment by bank card

For payment by bank card, the card is debited at the time of the order.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in the banking transactions carried out on the website https://www.fleurirlavenir.com.

Payments made by the Customer will only be considered final after the Seller has effectively received the amounts due.

The Seller will not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the full price under the conditions indicated above.

ARTICLE 5 - Deliveries

The Products ordered by the Customer will be delivered in metropolitan France or in the following area(s): Europe.

Delivery consists of transferring physical possession or control of the Product to the Customer. Unless otherwise specified or in the event of unavailability of one or more Products, the Products ordered will be delivered in a single shipment.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer as quickly as possible.

If the ordered Products have not been delivered within one month of the estimated delivery date, for any reason other than force majeure or the Customer's own actions, the sale may be cancelled at the Customer's written request, in accordance with Articles L216-2, L216-3, and L241-4 of the French Consumer Code. The sums paid by the Customer will then be refunded within fourteen days of the date of cancellation, without any deduction or compensation.

Deliveries are made by an independent carrier, to the address provided by the Customer when placing the order and to which the carrier can easily access.

Shipments are made via La Poste (Colissimo).

When the Customer arranges for their own transport with a carrier of their choosing, delivery is deemed to have been completed upon the Seller's handover of the ordered Products to the carrier, who accepts them without reservation. The Customer therefore acknowledges that the carrier is responsible for delivery and has no recourse against the Seller for any failure to deliver the transported goods.

The Seller also offers free delivery by appointment to the head office of SAS Fleurir l'Avenir 23 rue de Turenne, 75004, Paris or to the location of Hélène Ansart-Pirenne's private workshop in Saint Jean aux Bois in the Oise.

Due to their extreme fragility, some products cannot be delivered to the customer. The customer can collect them in person, free of charge and by appointment, at the head office of SAS Fleurir l'Avenir, 23 rue de Turenne, 75004 Paris, or at the private workshop of Hélène Ansart-Pirenne in Saint Jean aux Bois, Oise.

In the event of a special request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the costs related thereto will be subject to a separate additional invoice, based on a quote previously accepted in writing by the Customer.

The Customer is required to check the condition of the delivered products. They have a maximum of 24 hours from delivery to submit any claims by email, accompanied by all supporting documentation (including photos). After this period, and if these formalities have not been observed, the Products will be deemed compliant and free from any apparent defects, and no claim will be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its own expense, the Products delivered whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions.

The transfer of risk of loss or damage to the Products will only occur when the Customer takes physical possession of them. Therefore, the Products travel at the Seller's risk, except when the Customer has chosen the carrier. In this case, the risk is transferred upon delivery of the goods to the carrier.

ARTICLE 6 - Transfer of Ownership

Ownership of the Products will only transfer from the Seller to the Customer after full payment of the price by the latter, regardless of the delivery date of said Products.

ARTICLE 7 - Right of withdrawal

The customer has a legal right of withdrawal of 14 days to cancel their order after receiving it for all orders that are not “made-to-measure”. The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the website or by any other unambiguous statement expressing the intention to withdraw, including by mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the General Terms and Conditions.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing for their resale as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be accepted for return.

Custom-made products are not eligible for a return policy after payment, as they cannot be resold. For more information, please email Customer Service at fleurrlavenir@gmail.com

The return shipping costs remain the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within 14 days of the Seller's receipt of the Products returned by the Customer under the conditions set out in this article.

ARTICLE 8 - Seller's Liability - Guarantees

Article L217-5 of the Consumer Code

"The property conforms to the contract:"

1° If it is suitable for the purpose usually expected of similar goods and, where applicable:

- if it matches the description given by the seller and possesses the qualities that the seller presented to the buyer

- if it possesses the qualities that a buyer can legitimately expect, given the public statements made by the seller,

2° Or if it possesses the characteristics defined by mutual agreement between the parties or is suitable for any special purpose sought by the buyer, which has been brought to the seller's attention and accepted by the latter.

The Seller shall not be held liable in the following cases:

Non-compliance with the legislation of the country in which the products are delivered is the responsibility of the Customer to verify, in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure. The photographs and graphics presented on the website are not contractual and cannot be held against the Seller.

The Seller's warranty is, in any event, limited to the replacement or refund of non-conforming or defective Products.

ARTICLE 9 - Personal Data

The Customer is informed that the collection of their personal data is necessary for the sale of Products by the Seller and for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the performance of the sales contract.

9.1 Collection of personal data

The personal data collected on the website https://www.fleurirlavenir.com are as follows:

Product Ordering:

When the Customer orders Products:

Names, surnames, postal address, telephone number and email address.

Payment

As part of the payment for Products offered on the website https://www.fleurirlavenir.com, the site records financial data relating to the Client's/user's bank account or credit card.

9.2 Recipients of personal data

Personal data is reserved for the sole use of the Seller and its employees.

9.3 Data Controller

The data controller is the Seller, as defined by the French Data Protection Act and, from 25 May 2018, by Regulation 2016/679 on the protection of personal data.

9.4 Limitation of treatment

Unless the Client expressly agrees, their personal data will not be used for advertising or marketing purposes.

9.5 Data retention period

The Seller will retain the data thus collected for a period of 5 years, covering the time of limitation of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of the transmission or storage of information over the Internet.

9.7 Implementation of Customer and User Rights

In accordance with the regulations applicable to personal data, Customers and users of the website https://www.fleurirlavenir.com have the following rights:

They can update or delete their personal data by writing to the email address indicated in Article 9.3 "Data Controller". They can delete their account by writing to the email address indicated in Article 9.3 "Data Controller". They can exercise their right of access to know what personal data is held about them by writing to the address indicated in Article 9.3 "Data Controller". If the personal data held by the Seller is inaccurate, they can request that the information be updated by writing to the address indicated in Article 9.3 "Data Controller". They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data Controller". They can also request the portability of the data held by the Seller to another provider. Finally, they can object to the processing of their data by the Seller.

These rights, provided they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are given above.

The data controller must provide a response within a maximum period of one month.

If the Client's request is refused, the reasons for the refusal must be given.

The Client is informed that in case of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or take legal action.

The Customer may be asked to tick a box indicating their consent to receive informational and promotional emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 - Intellectual Property

The content of the website https://www.fleurirlavenir.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any reproduction, in whole or in part, of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 11 - Applicable Law - Language

These Terms and Conditions and the transactions arising therefrom are governed by and subject to French law.

These Terms and Conditions are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 12 - Disputes

For any complaints, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these Terms and Conditions.

The Client is informed that in any event, they may resort to conventional mediation, with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In this case, the appointed mediator is

Hélène Ansart-Pirenne

Email: fleurirlavenir@gmail.com

The Customer is also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from purchase and sale transactions concluded under these Terms and Conditions, which have not been resolved amicably between the seller and the buyer or through mediation, shall be submitted to the competent courts under the conditions of common law.

Created on https://www.legalplace.fr

APPENDIX I Withdrawal Form

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://www.fleurirlavenir.com except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.

To the attention of SAS, Fleurir l'Avenir

23 rue de Turenne, 75004, Paris

I hereby notify you of my withdrawal from the contract for the following item:

- Order dated (indicate date)

- Order number: ...........................................................

- Customer Name: ...........................................................................

- Customer Address: .......................................................................

Client Signature (only if this form is submitted on paper)