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General conditions of sale

1. DESIGNATION OF THE SELLER

This site is published by the company VALFLEURI SA located at 5 rue de la Charente 68271 WITTENHEIM Cedex, registered with the Mulhouse Trade and Companies Register under number B 915 520 621 and whose share capital amounts to 3,000,000 Euros.

2. APPLICATION OF THE GENERAL CONDITIONS OF SALE

2.1- These general terms and conditions of sale (GTC) apply to products sold in Metropolitan France and internationally by the seller, via its website: www.valfleuri.fr. The GTC exclusively govern online sales contracts for VALFLEURI products to buyers who are consumers (hereinafter “customers”) and, together with the online order, constitute the contractual documents binding on the parties, to the exclusion of all other documents, catalogues or photographs of the products which have only an indicative value.

2.2- You declare that you have read and accepted these GTC before placing your order. Consequently, placing an order implies the customer’s full and unreserved acceptance of these GTC, to the exclusion of any other document in contradiction with these GTC.

2.3- No special condition may, without the formal and written acceptance of VALFLEURI, prevail over these conditions. Any contrary condition opposed by the customer will therefore, in the absence of express written acceptance by the seller, be unenforceable against VALFLEURI, regardless of when it may have been brought to its attention.

2.4- The fact that VALFLEURI does not assert, at a given time, any of these general conditions, cannot be interpreted as a waiver of the right to assert one of the said conditions at a later date.

2.5- These T&Cs may be modified at any time by VALFLEURI. In the event of modification of the T&Cs, the applicable T&Cs are those in force on the date of the order.

2.6– The customer declares that he has the capacity to conclude this contract, the general conditions of sale of which are presented below, that is to say, to be of legal age and not to be under guardianship or curatorship.

3. OFFER

3.1- The products offered for sale by VALFLEURI, appearing on its website, are each the subject of a description mentioning their essential characteristics within the meaning of article L.111-1 of the Consumer Code. These offers are valid during their online presence and are limited to Metropolitan France. This offer is reserved for individuals (adult natural persons residing in France). The Customer acknowledges having read, before placing any order, the description of each Product, ordered and the special order conditions mentioned on the Site (name, price, components, weight, quantity, color, specific features of the Products, where applicable dimensions and size and limitation of certain Products).
3.2- The customer is informed that the products must be stored in a non-refrigerated, clean, cool and dry place, not subject to temperature variations.

3.3 – The photographs illustrating the products presented are used for information purposes only and have no contractual value and cannot engage the responsibility of VALFLEURI.

3-4 – VALFLEURI undertakes to honor the orders received within the limit of available stocks. VALFLEURI makes its best efforts to satisfy the Customer’s order. In the event of unavailability of the Products after registration of the order, the Customer will be informed by e-mail by the Customer Service as soon as possible and will be offered either a change of Product or a refund of the price of the Products within fourteen (14) calendar days from the date of placing and payment of the order.

4. PRICE

4.1- The prices indicated are expressed in Euros, all taxes included, excluding participation in the shipping costs mentioned before validation of the order and invoiced in addition. The total amount due by the consumer is indicated on the order confirmation page. The sale price of the product is that in effect on the day of the order.

4.2- All prices are given subject to obvious typographical errors. If an error should occur, VALFLEURI will contact the customer to inform them that the order will be invoiced under the corrected conditions. In the event of refusal of the corrected conditions, the customer will be free to cancel the corrected order without penalty, after having expressly requested this in writing to VALFLEURI.

4.3- VALFLEURI reserves the right to modify the prices of its Products at any time. However, the price of the Products ordered may not be modified after validation of the Order. The price applicable to the Customer’s order is the price in effect at the time the Customer validates their order, by clicking on the “Order with payment obligation” tab, increased by the delivery costs calculated based on the information entered by the Customer and displayed prior to finalization of the Order, as well as VAT.

5. CONTRIBUTION TO DELIVERY COSTS

The contribution to shipping costs varies according to the amount of your order. This information, which the customer was able to read before ordering, is calculated directly on your order form.
The delivery costs in metropolitan France are: €6 for the first 5 net kilos ordered, then €5 for each additional 5 net kilos ordered. For deliveries in metropolitan France, delivery costs are free from €30 of purchases

5.1 Conditions of creation: Prior to or at the same time as an order on the Site, the Customer may create a customer account by completing the form available for this purpose on the Site. The Customer Account details in particular the Customer’s contact details and order history.
In this regard, the Customer guarantees that the data is accurate and exhaustive.

5.2 Management of Identifiers:
The Customer is solely responsible for the choice of his identifier and password, in particular with regard to the rights of third parties (identity theft or intellectual property rights), as well as maintaining their confidential nature and thereby their possible fraudulent or non-fraudulent use by third parties. VALFLEURI is not required to verify the identity of each Customer, and cannot be held responsible in the event of fraudulent use of his Identifiers or means of payment.
In the event of loss or forgetting of the password, the Customer may send VALFLEURI a request to reset his password.

6. ORDER

After selecting your products and completing the information relating to your identification, you will have to proceed to payment, which is made by bank card in secure payment.

You will have to fill in all the mandatory fields specified on the electronic form. An order number will be assigned to you. Clicking on the “Validate my order” button at the end of your order implies that you accept the T&Cs without reservation. The data recorded on the VALFLEURI website constitutes proof of all transactions made with its customers.

Similarly, those recorded by the payment system constitute proof of financial transactions.

7. ORDER CONFIRMATION

7.1- After registering the order placed, VALFLEURI sends an order confirmation email to the customer.
By keeping this email and/or printing it, the customer has proof of their order that VALFLEURI recommends that they keep. The order will only be considered effective after validation of the payment by the relevant banking centers. In the event of refusal by said centers, the order will not be able to be completed.

Please note: the email confirms that the customer’s order has been taken into account by VALFLEURI and not that the product ordered is available.

7.2- If one of the items ordered is out of stock when we receive your order, we will allow ourselves, either:
to reimburse the customer for the missing product by check letter, or to contact the customer:

  • to agree with him on a delivery date for his entire order,
  • or offer him a replacement product.

In the event of delivery of a replacement product, the return costs resulting from the possible exercise of the customer’s right of withdrawal will be borne by VALFLEURI for this product only.

8. TERMS OF PAYMENT

Payment methods: by credit card

The price of the products ordered is payable in full upon issue of the order form by VISA or EUROCARD or MASTERCARD type credit card.

The customer is required to provide: the type of payment card, the card number, the name of its holder, the expiry date and the cryptogram.

The customer guarantees that they are fully authorized to use the said card and that it gives access to sufficient funds to cover all costs resulting from their order.

The security of this payment method is ensured by CM-CIC p@iement
The entire transaction is directed in encrypted mode to a bank validation server in SSL (Secure Socket Layer) mode. The credit card number and expiry date will be encrypted by your own computer before any transmission to the WEB. All information contained in the messages therefore never circulates in clear text on the WEB.

Depending on the browser, when the payment is secure, the HTTPS concept and the Key symbol may appear on the frame.

The customer’s card will be debited when the order is validated.

VALFLEURI reserves the right to suspend or close the account of a Customer who contravenes the provisions of these General Terms and Conditions.

Any person whose account has been suspended or closed may not order on the VALFLEURI website without the latter’s prior authorization.

VALFLEURI reserves the right to refuse to make a delivery or to honor an order from a customer who has not fully paid a previous order or with whom a dispute has not been resolved.

Any amount not paid on the due date is productive, without formal notice, of interest at the legal rate.

9. DELIVERY

Delivery means the transfer to the consumer of physical possession or control of the product.

The order will be shipped upon receipt of full payment. For any shipment in metropolitan France, delivery will be made by parcel post within approximately 10 days after confirmation of payment of the order. This period is given as an indication and is understood for working days, excluding postal delivery problems.

Orders are delivered to the address indicated by you

  • By La Poste in Colissimo Suivi, from Monday to Saturday. You will be informed by La Poste and/or by email of the expected delivery day. In case of absence, using your delivery notice, you will have the possibility to reschedule a home delivery (within 6 days) or to collect your parcel from the Post Office within 10 days. Except in cases of force majeure, the delivery times will be, within the limit of available stocks, those indicated below. The seller strives to deliver the products ordered by the Customer within 10 days from the registration of the order. The delivery of a product ordered on the website is only offered in Metropolitan France.

For other destinations, please contact VALFLEURI via the “Contact” section.
If the ordered Products have not been delivered within 20 days after the conclusion of the sales contract, for any reason other than force majeure, the sale may be terminated at the written request of the Customer under the conditions set out in Articles L 216-1 et seq. of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.

10. VERIFICATION OF DELIVERED PRODUCTS AND RIGHT OF WITHDRAWAL

Upon receipt of the order, the customer is required to check the apparent condition of the products delivered (packaging and contents not damaged or damaged, particularly during transport) and the conformity of the quantity of product(s) delivered to the order. Any apparent defect and/or any non-conformity of the quantity of product(s) delivered to the order must be the subject of reservations by the customer to the carrier and must be confirmed by the customer, within fourteen days from the date of receipt of the product by the customer, by sending to VALFLEURI:

  • Either a registered letter with acknowledgment of receipt,
  • Or an email via the “Contact” section

The customer must indicate on his request his customer number and the order reference.
Without this exempting him from the formalities referred to above, the customer may contact VALFLEURI for information purposes by telephone and/or email.

The coordinates to be taken into account are as follows:

  • By email: relation@valfleuri.fr
  • By phone: 03.89.57.08.60 Monday to Friday from 9am to 12pm and from 2pm to 6pm (Friday until 5pm).
  • By mail: VALFLEURI SA / 5 rue de la Charente / 68271 WITTENHEIM Cedex

In return, VALFLEURI will provide a Colissimo Return label to affix to the package to be returned.
Any product returned without this Return label will be refused and returned to the sender.

Failing this, the packaging and products delivered will be deemed to be free of any apparent defect(s) and the quantity of products delivered to be in accordance with the order.

No product may be exchanged before it has been returned and received by VALFLEURI in good condition.

The Customer’s right of withdrawal is not applicable in the following cases:

  • Products manufactured according to the Customer’s specifications or clearly personalized;
  • Products likely to deteriorate or expire rapidly, as identified by VALFLEURI in the description of the Products;
  • Products which are not sealed or which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.

11. GUARANTEES

VALFLEURI undertakes to guarantee the products sold against all defects or hidden defects, under the conditions specified in articles 1641 to 1648 and 2232 of the Civil Code and to guarantee the conformity of the products under the conditions specified in articles L 211-4 to L 211-13 of the Consumer Code.

If the customer considers that the products are tainted with defects or faults or non-conformity, he must notify VALFLEURI by registered letter with acknowledgement of receipt, as soon as possible from the discovery of the defect, fault or non-conformity, specifying the nature and extent of the alleged defect, fault or non-conformity and providing all supporting documents as to the reality of these.

The customer must give VALFLEURI every facility to make all the observations that it deems necessary.

If, following these findings, it turns out that the products delivered were indeed defective, tainted with defects or non-compliant, then VALFLEURI will undertake to replace these products free of charge, to cover all costs of returning and shipping these products or, failing that, to reimburse the customer for the price of these products.

12. TRANSFER OF OWNERSHIP – TRANSFER OF RISKS

THE PRODUCTS DELIVERED BY VALFLEURI ARE SOLD WITH A CLAUSE EXPRESSLY SUBORDINATING THE TRANSFER OF THEIR OWNERSHIP TO THE FULL PAYMENT OF THE PRICE IN PRINCIPAL AND ACCESSORY.

The simple delivery of a title creating an obligation to pay, draft or other, does not constitute payment, the original claim of VALFLEURI on the customer subsists with the guarantees attached to it, including the retention of title, until the payment title or the commercial instrument has been actually paid and the sums due collected by VALFLEURI.

The risks of loss or damage to the products are transferred to the consumer at the time he, or a third party designated by him, takes physical possession of the product. The products travel at the seller’s risk.

13. DISCLAIMER

The seller cannot be held liable in the event of non-performance or poor performance of the contract due either to the customer’s actions, or to the insurmountable and unforeseeable actions of a third party to the contract, or to force majeure within the meaning of Article 1218 of the Civil Code.

Consequently, in the event of a transport strike, as well as in the event of a strike within our establishments or at our suppliers, as well as in the event of riots, war, attacks, lack of raw materials or energy, or for any other case of force majeure, VALFLEURI may suspend its deliveries, and terminate all or part of the current orders, without the customer being able to claim any compensation.

14. APPLICABLE LAW – DISPUTES

The General Terms and Conditions and the transactions resulting therefrom are governed by French law. In the event of a translation of these General Terms and Conditions into a foreign language, the French version shall prevail over any other.

All disputes to which the purchase and sale transactions concluded pursuant to these General Terms and Conditions may give rise, concerning their validity, interpretation, execution, termination, consequences and follow-ups and which could not be resolved amicably between the seller and the customer, shall be submitted to the competent courts under the conditions of common law. The competent court shall be, at the choice of the claimant, and in accordance with the legal provisions, either that of the place of domicile of the defendant or that of the place of actual delivery of the Products.

The customer is informed that he may in any event resort to conventional mediation.

In accordance with the rules applicable to mediation, any consumer dispute must be submitted in advance in writing to the Customer Service of VALFLEURI (5 rue de la Charente – 68271 WITTENHEIM Cedex).

CONSUMER MEDIATION SERVICE

Amicable settlement of disputes between the professional and the consumer in accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code.

In the event of unresolved disputes between the Professional and the Consumer, the consumer may contact the consumer mediator.

Before contacting the consumer mediator, the consumer must have already attempted to resolve his dispute directly with the professional by a written complaint or have made a complaint according to the terms of the contract concluded with the professional.

Consumer mediation is an out-of-court settlement of consumer disputes.

If the conditions are met, consumer mediation will take place according to a specific process and in accordance with the texts in force.

The procedure is free for the consumer (R612-1 of the Consumer Code).

TO CONTACT THE CONSUMER MEDIATOR:
Amicable settlement of disputes between the professional and the consumer in accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code.

Procedure is free for the consumer
MEDIATION – LET’S LIVE BETTER TOGETHER
Website address: www.mediation-vivons-mieux-ensemble.fr
Mediator’s address: 465 avenue de la Libération 54000 NANCY

IMPORTANT :
Never send original documents to the consumer ombudsman. Please make photocopies
Never send defective, disputed or refundable items to the consumer ombudsman
The ombudsman must be contacted within a maximum of one year from the initial complaint.

Online dispute resolution platform: In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an online dispute resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

European Online Dispute Resolution Platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR

15. PROTECTION OF PERSONAL DATA

The personal information and data concerning you collected and used during your order are necessary for the performance of this contract and our commercial relations. This data is recorded in our customer file.

This information is strictly intended for VALFLEURI and the group of companies to which it belongs and is not resold to third-party organizations.

By entering your email address on one of the sites in our network, we may be required to contact you again, in particular by email containing information or commercial offers concerning VALFLEURI products.

In addition, we use trackers and cookies to memorize the information you have entered, to secure access to your customer account and to manage your shopping cart. Our trackers and cookies also make it possible to establish site traffic statistics in order to improve its content.

You have the right to access, modify and oppose data concerning you (French Data Protection Act of 6 January 1978).

For any request, please contact our Customer Service, VALFLEURI – 5 rue de la Charente – 68271 WITTENHEIM Cedex or by email at: relation@valfleuri.fr

APPENDIX

Article L. 217-4 Consumer Code The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed on him by the contract or has been carried out under his responsibility.

Article L. 217-5 Consumer Code The good complies with the contract: If it is suitable for the use usually expected of a similar good and, where applicable: – if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-12 Consumer Code The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.

Article L. 217-16 Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.

Article 1641 Civil Code The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given only a lower price for it, if he had known them.

Article 1648 paragraph 1 of the Civil Code The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.