Definitions
These General Conditions of Sale (hereinafter “CGV”) are offered by the company Castor Fleuriste (hereinafter “The Company”), an individual company, registered in the Paris Trade and Companies Register under number 42382896100049, of which the head office is 14 rue Debelleyme, 75003 Paris. Its non-premium rate telephone number is 0140563468, its email address is contact@castor–fleuriste.com and its individual intra-community VAT identification number FR314423828961.
The publication director is Paul Guillopé.
The Site offers the Customer (hereinafter “the Customer”) the possibility of purchasing prepared bouquets of flowers, vases, and ordering personalized floral decoration services (hereinafter the “Products”).
Before any use of the Site, the Customer must ensure that he has the technical and IT means allowing him to use the Site and order the products from the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of its hardware/equipment is in good condition and does not contain viruses.
Application and opposability of the General Conditions of Sale
The purpose of these General Terms and Conditions is to define all the conditions under which the Company markets the Products as offered for sale on the Site to Customers. They therefore apply to any Order (“Order”) for Products placed on the Site by the Customer.
The Customer declares to have read and accepted these General Terms and Conditions before placing their Order.
Validation of the Order therefore constitutes acceptance of these General Terms and Conditions. These are regularly updated, the applicable General Terms and Conditions are those in force on the Site on the date the Order is placed.
Any contrary condition posed by the Customer would therefore, in the absence of express acceptance, be unenforceable against the Company regardless of when it may have been brought to its attention.
The fact that the Company does not avail itself at a given time of any provision of these General Conditions cannot be interpreted as a waiver of the right to subsequently avail itself of any provision of these General Conditions.
Ordering products on the site
The Products offered for sale are described and presented with the greatest possible accuracy. However, a minimal variation in the color of the Products, the arrangement of the flowers, the sizes, etc. does not engage the responsibility of the Company and does not affect the validity of the sale. The photos are not contractual, a bouquet ordered may not correspond completely exactly to the photo.
The Company reserves the right to correct the content of the site at any time.
The Customer selects the Product(s) he wishes to purchase, and can access the summary of his Order at any time.
The Order summary presents the list of the Product(s) that the Customer has selected, and includes any additional costs such as the delivery price added to the price of the Product(s) of the Order. The Customer has the possibility of modifying his Order and correcting any errors before accepting his Order.
After accessing the summary of their Order, the Customer confirms acceptance of their Order by checking the T&C validation box, then clicking on the Order validation icon. The words “Order with payment obligation” appear next to the Order validation icon to ensure that the Customer explicitly acknowledges their obligation to pay for the Order.
After acceptance of the General Terms and Conditions and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.
After validation of his Order and in order to be able to proceed with payment, the Customer enters the contact details to which he wishes to obtain delivery, and invoicing if they are different.
The Customer validates his delivery and billing details, if applicable, by checking the coordinates validation box. The Company then sends him an Order confirmation by email, including the elements of the summary of his Order and the delivery and, where applicable, billing addresses provided.
After having validated their delivery details and, where applicable, invoicing, the Customer proceeds to pay for their Order.
Product and price offers are offered while stocks last. upon receipt of the Order, the Company checks the availability of the Product(s) ordered.
In the event of a temporary shortage of one or more of the items ordered, Castor-Fleuriste informs you of a risk of late delivery and, if necessary, offers you a new delivery date. In the event of permanent termination, the Company reimburses the Customer.
Order price and payment terms
The prices are mentioned on the Site in the descriptions of the Products, in euros and excluding tax and all taxes included.
The total amount is indicated in the Order summary, before the Customer accepts these General Terms and Conditions, validates his Order, provides and validates his delivery and, where applicable, billing details and proceeds to payment. This total amount is indicated including all taxes.
The Order of Products on the Site is payable in euros. Full payment must be made on the day of the Order by the Customer, by credit card, unless special conditions of sale are expressly accepted by the Customer and the Company.
In the event of payment by credit card, the Site uses the Stripe security system, a service provider specializing in online payment security. This system guarantees the Customer total confidentiality of their banking information. The credit card banking transaction carried out between the Customer and the secure system is therefore fully encrypted and protected. This means that the information linked to the Order and the bank card number do not circulate on the internet. The Customer's bank details are not stored electronically by the Company.
The Customer guarantees to the Company that he has the necessary authorizations to use the payment method when placing the Order.
The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be owed by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
Delivery
The Products offered on the Site can be delivered to Paris and the inner suburbs subject to a surcharge.
The Company undertakes to deliver the Products within a period not exceeding 4 hours from the date of the Order. This deadline is indicative, the Company informing you of the exact time of delivery and the day of delivery.
The Customer is informed by email, when their Order is ready, of its shipment. The product(s) ordered is (are) delivered to the delivery address indicated by the Customer when placing the Order.
The Customer must ensure that the information communicated and mentioned in the confirmation email is correct, and that it remains so until complete delivery of the product(s) ordered. The Customer therefore undertakes to inform the Company of any change in billing and/or delivery details which may occur between the Order and delivery, by sending, without delay, an email to the customer service email address. Failing this, in the event of a delay and/or delivery error, the Customer cannot under any circumstances hold the Company liable in the event of non-delivery, and the Company's Customer Service will contact the Customer for a second delivery. on client fee.
The Company will also not be responsible if the non-receipt of the Products is due to the action of a third party outside its intervention or in the event of force majeure.
If the Order is returned due to the Customer's absence, the Company's customer service will contact the Customer for a second delivery at the Customer's expense.
The Customer will be able to follow the delivery of their Order by contacting Customer Service.
The Customer must imperatively check conformity (in the case of plant orders, verification of the variety(s) delivered is not systematically possible) and the quantity of the items upon delivery, including including opening the package(s), before the courier leaves. Any complaint concerning the conformity and quantity of the items delivered must be notified to the Company within three (3) days following receipt of the package. Beyond this period, the delivery is considered accepted.
Any validation by the customer or person authorized by him of the transport document (delivery note given by the courier) without reservation constitutes definitive acceptance of the delivery.
To be admissible, any complaint must meet the following conditions: Reservations must be made in writing, directly on the transport document (delivery note given by the courier), They must be precise, complete and relate to the condition of the contents and not on the packaging.
The Customer must take photographs of the package(s) as well as the damaged product(s) and send them to customer service by email at the address: contact@castor–fleuriste.com.
If the complaint is accepted by Castor–Fleuriste, the Company undertakes to replace the items concerned as soon as possible.
Customer service
For any request for information, clarification or for any complaint, the Customer must contact, as a priority, the Company's Customer Service, in order to allow the latter to try to find a solution to the problem.
The Company's Customer Service is accessible from 9 a.m. to 6 p.m. using the following contact details:
Telephone (non-premium rate) +33 (0) 1 40 56 34
Email: contact@castor–fleuriste.com
Mail: 14 rue Debelleyme, 75003 Paris
Legal guarantees
All products offered by the Company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217–4, L.217–5 and L.217–12 of the Consumer Code, and to the guarantee of hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code:
- Article L.217–4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, assembly instructions or the installation when this was made his responsibility by the contract or was carried out under his responsibility.”
- Article L.217–5 of the 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 possesses the qualities that the latter presented to the buyer in the form sample or model; - if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
- Or if it presents the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.”
- Article L.217–12 of the Consumer Code: “L ' action resulting from lack of conformity is prescribed two years from delivery of the goods.'”
- Article 1641 of the 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 it not acquired, or would have given only a lower price, if he had known them.”
- Article 1648 of the Civil Code, first paragraph: “L Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.”
If a Customer considers that they have received a product that they consider to be defective or non-compliant, they must contact the Company, as soon as possible following receipt of the Order, at the following email address: contact@castor- fleuriste.com, or by registered mail with acknowledgment of receipt to the following address: 14 rue Debelleyme, 75003 Paris, specifying the defect or non-conformity in question. It will be up to the Customer to provide any justification as to the designation of the apparent defects and/or anomalies noted. The Customer must allow the Company every opportunity to identify these defects or non-conformities and to remedy them if necessary.
He will refrain from intervening himself or involving a third party for this purpose. If the defects and/or anomalies are confirmed by the Company, the latter will then send the Customer its instructions on how to proceed after having taken knowledge of the complaint thus formulated and, if necessary, will replace the product for which the Company has been led to note the lack of conformity, or defect.
In the event that the exchange of the product is impossible, the Company will be required to reimburse the Customer within fourteen days of receipt of the product. Reimbursement will be made on the Company's proposal by crediting the Client's bank account, the Client being able to opt for another method of reimbursement than that proposed.
Customer Obligations
The Customer undertakes to respect the terms of these General Terms and Conditions.
The Customer undertakes to use the Site and the products in accordance with the Company's instructions.
The Customer agrees that he only uses the Site for his personal use, in accordance with these General Terms and Conditions. In this regard, the Client agrees to refrain:
- To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these General Terms and Conditions.
- To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site.
- Attempt to gain unauthorized access to the Site's computer system or engage in any activity that disrupts, diminishes the quality or interferes with the performance or deteriorates the functionality of the Site.
- To use the Site for abusive purposes by intentionally introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site.
- To infringe the intellectual property rights of the Company and/or to resell or attempt to resell the products to third parties.
- To denigrate the Site and/or the products as well as the Company on social networks and any other means of communication.
If, for any reason, the Company considers that the Customer is not complying with these General Terms and Conditions, the Company may at any time, and at its sole discretion, remove their access to the Site and take all measures including any civil and criminal legal action. against him.
Right to retract
Flowers being a product likely to expire quickly, the Customer is informed that, in accordance with article L.221–28, 4° of the Consumer Code, the right of withdrawal does not apply for orders placed on the Site.
Responsibility
The Company implements all measures to ensure that the Customer is supplied, under optimal conditions, with fresh, quality Products. However, it cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Client, or to the unforeseeable and insurmountable act of a third party unrelated to the contract, or to a case of force majeure. More generally, if the Company were to be held liable, it could under no circumstances agree to compensate the Client for indirect damage or the existence and/or quantum of which would not be established by evidence.
The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
The establishment of such links or the reference to any information, articles or services provided by a third person cannot and cannot be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements nor of their contents.
The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, products and other information published on these websites.
It is expressly stipulated that the Company cannot under any circumstances be held responsible, in any way whatsoever, in the event that the Customers' computer equipment or electronic messaging system rejects, for example due to anti-spam, the emails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order and the shipment tracking email.
The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have entered into a contract.
Personal data, cookies, security
The Company attaches great importance to respect for privacy and takes all necessary measures to ensure the confidentiality and security of Customers' personal data.
As part of the supply of products, the Company collects personal data from Customers and in particular the following data:
- E-mail address
- First name
- Name
- Postal address and delivery address
To this end, the processing of Customer data is declared to the CNIL under the number (currently being allocated).
The Company collects and processes Customers' personal data for the following purposes:
- Supply of Products ordered on the Site;
- Order management;
- Management of returns, exercise of the right of withdrawal, payment, invoicing, etc.;
- Information about the Company, the services, and the activities of the Company;
- Response to possible questions/complaints from Customers;
- Preparation of statistics;
- Management of requests for access, rectification and opposition rights;
- Management of unpaid debts and disputes.
Data relating to the management of Customers' personal data are kept for the strictly necessary period as defined by the Data Protection Act as amended.
Customers' personal data are processed by the Company's sales department as well as by the Company's partner companies and subcontractors. • The Company may also communicate personal data in order to cooperate with administrative and judicial authorities.
The Company ensures that Customers' personal data is adequately and appropriately secured and has taken appropriate precautions to preserve the security and confidentiality of the data and in particular prevent it from being distorted, damaged or communicated to unauthorized persons.
Customer Obligations
- Customers acknowledge that the personal data disclosed by them is valid, up to date and adequate;
- Customers undertake not to infringe the privacy, image or protection of personal data of any third party and thus not to communicate the data of third parties to the Company without their consent.
Under Decree No. 2011-219 of February 25, 2011 relating to the conservation and communication of data allowing the identification of any person having contributed to the creation of content posted online, the Client is informed that the host of the Site has the obligation to retain for a period of one year from the day of content creation, for each operation contributing to the creation of content:
- The identifier of the connection at the origin of the communication;
- The identifier assigned by the information system to the content, subject of the operation;
- The types of protocols used for connection to the service and for the transfer of content;
- The nature of the operation;
- The date and time of the operation;
- The identifier used by the author of the operation when he provided it.
In the event of termination of the contract or closure of the account, the host must also keep for one year from the day of termination of the contract or closure of the account the information provided when subscribing to a contract (Order ) by the Customer or when creating an account, namely:
- When creating the account: the identifier of this connection;
- First and last name or company name;
- The associated postal addresses;
- The pseudonyms used;
- Associated email or account addresses;
- Telephone numbers;
- The password as well as the data allowing it to be verified or modified, in their latest updated version.
Each computer connected to the Internet has an IP address. As soon as a Client browses the Site, the Company collects the Client's IP address in order to analyze traffic on the Site and monitor the Client's activity on the Site to ensure that the Client does not does not carry out acts likely to infringe the General Conditions of Sale appearing on the Site.
Finally, in accordance with the Data Protection Act dated January 6, 1978, Customers have a right of access, rectification, deletion as well as a right of opposition for legitimate reasons to the processing of their data collected and processed by the company, by contacting the company directly at the following email address: contacr@castor–fleuriste.com.
Cookies and statistical tools
As part of the use of the Site by Customers, the Company may use cookies.
In accordance with CNIL deliberation no. 2013–378 of December 5, 2013, the Company also informs Customers that cookies record certain information which is stored in the memory of their computer hardware/equipment. This information is used to improve the use and operation of the Site as well as the Company's other services. An alert message asks each person visiting the Site, beforehand, if they wish to accept cookies. These cookies do not contain confidential information concerning Customers.
The Customer visiting the home page of the Site will be informed:
- the precise purposes of the cookies used;
- the possibility of opposing these cookies and changing the settings by clicking on a link in the banner;
- and the fact that continuing to browse constitutes agreement to the placement of cookies on your terminal.
To guarantee the free, informed and unequivocal consent of the Customer, the banner will not disappear until they continue browsing.
Without the prior consent of the Customer, the deposit and reading of cookies will not be carried out:
- if the Customer goes to the Site (home page or directly to another page of the Site) and does not continue browsing: a simple absence of action cannot in fact be assimilated to a manifestation of will;
- or if he clicks on the link in the banner allowing him to configure cookies and, where applicable, refuses the deposit of cookies.
Security
The Customer undertakes not to compromise the security of the Site. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the Company's information system. The Client may also not harm or hinder the Company's information system. Failing this, the Company may take any measure against him and in particular incur criminal liability under articles 323–1 et seq. of the Penal Code.
Intellectual property
All elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or all other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the entire world.
The name and brand “Castor Fleuriste”, the logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company.
No title or right whatsoever to any material or software will be obtained by downloading or copying material from this Site. The Customer is expressly prohibited from reproducing (except for his personal and non-commercial use), publishing, editing, transmitting, distributing, showing, removing, deleting, adding to this Site and the elements and software it contains, no more modify them or carry out any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and cannot under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
Any use by the Client of the company names, brands and distinct signs belonging to the Company is strictly prohibited except in the event of express and prior agreement from the Company.
Applicable law and attribution of jurisdiction
These General Terms and Conditions are governed and interpreted in accordance with French law, without taking into account the principles of conflicts of law.
In the event of a dispute likely to arise during the interpretation and/or execution of these Terms or in relation to these General Terms and Conditions, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method. The Client may in particular contact the Paris Mediation and Arbitration Center, 39 avenue Franklin Roosevelt, 75008 Paris, 01 44 95 11 40, email: cmap@cmap.fr.
In the event of failure of this mediation procedure or if the Client wishes to take legal action, the rules of the Code of Civil Procedure will apply.