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TERMS OF SALES
 

General conditions of online sale

06/15/2021

These conditions of sale are concluded by the website: STUDIOMAISONCIERO.COM

And on the other hand,

By any natural or legal person wishing to make a purchase via the STUDIOMAISONCIERO.COM website

All the conditions and legal notices of the STUDIOMAISONCIERO.COM site are written in French. In case of translation, only the French language versions will be applicable; contracts can only be concluded in French. In addition, if one or more of the provisions of these general conditions are held to be invalid, the other stipulations will retain their full force and scope.

Article 1: object

These terms and conditions are intended to define your contractual relationship with STUDIMAISONCIERO.COM as well as the conditions applicable to any purchase made through the STUDIMAISONCIERO.COM merchant site, whether you are a professional or a consumer. The acquisition of a good or a service through this site implies that you unreservedly accept the present conditions of sale.

These conditions of sale shall prevail over any other general or specific conditions not expressly approved by STUDIOMAISONCIERO.COM. The latter reserves the right to be able to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of your order.

Article 2 - Characteristics of the products offered

Article 2.1 - Products

The products are those that appear on the STUDIOMAISONCIERO.COM website. They are divided into four categories:

• Bouquets of fresh flowers
• Bouquets of dried flowers
• Cube of plexiglass in dried flowers

• Vases and containers...

The photographs on the STUDIOMAISONCIERO.COM site are as accurate as possible but cannot guarantee a perfect resemblance to the product delivered; the floral products likely to be ordered depend on the seasons and the artistic personality of each artisan florist, as well as their available stock. In the event of an availability problem, we reserve the right to substitute a product with another of equivalent value and quality without notice. In this case, if you wish to withdraw later, the return costs will be at our expense (see also article 10.1 - Withdrawal).

However, we undertake to provide our best efforts, under an obligation of means and as far as possible, so that the delivered floral product resembles the photograph of the chosen floral product as closely as possible, in particular with regard to the shape, the dominant color and the dominant flowers, and while respecting the price formula you have chosen.

For vases and containers in case of unavailability of the property, you will be informed and can be reimbursed at the latest within thirty days of payment of the sums paid.

Article 2.2 - Containers: bouquets of fresh flowers and bouquets of dried flowers

The bouquets are delivered without containers. The containers shown, where applicable, in the photographs only represent a presentation suggestion but will not be delivered with the bouquets; the prices indicated therefore do not include a container.

   

Article 2.3 - Personal messages

You can also choose to attach a personal message to your floral product. Simply write this message in the space provided for this purpose when placing your order. However, as a third party, we reserve the right not to attach messages containing racist, defamatory, obscene, vulgar or abusive language.

Article 3 - Price

The prices listed on the STUDIOMAISONCIERO.COM website are inclusive of VAT (all taxes included) in euros taking into account the VAT applicable on the day of your order; any change in the rate may be passed on to the price of the products. We reserve the right to modify these prices at any time, it being understood, however, that the price appearing in the catalog on the day of your order will be the only one applicable to you. The prices indicated on the STUDIOMAISONCIERO.COM site include the costs of order processing at the latest before confirming the latter.

Under no circumstances do the prices take into account the cost of communication to access STUDIOMAISONCIERO.COM, which is exclusively at your expense.

Article 4 - Geographical area

The online sale of fresh flowers, dried flowers and cubes of dried flowers is reserved for buyers who live in Paris and the inner suburbs (92, 93, 94).

Article 5 - Order

To place an order, you will need to go through the following steps:

  • Fill in the identification form on which you will indicate all the requested details; please be precise and complete in your contact details or in those of the person to whom you intend your order (name, address, telephone number but also digicode, floor...);

  • Complete the online order form giving all the references of the chosen products;

  • Validate your choice of products;

  • Know the delivery costs;

  • Make the payment under the conditions provided;

  • Confirm your order and payment.

Confirmation of the order entails acceptance of these conditions of sale, acknowledgment of having perfect knowledge of them and waiver of the right to invoke your own conditions of purchase or other conditions. All the data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions. We will communicate to you by e-mail confirmation of the registered order.

The conclusion of the sales contract will only take place if the order is accepted. Indeed, we reserve the right not to register a payment and therefore not to confirm an order, in particular for the following reasons: problem concerning the order received (abnormal, illegible), delivery requested outside the planned area, previous invoice unpaid...

As a customer, you are responsible for your order; the data announced commits you once the order has been placed. In case of error in the wording to honor your order (see also article 8-delivery).

Article 6 - Modification or cancellation of the order

You can modify the delivery information or cancel your order before it is prepared: simply send your request to our customer service by e-mail at: studiomaisonciero@gmail.com or by telephone at +33 (0)6 11 38 21 66.
On the other hand, once the preparation of the order has begun, any modification or cancellation of your order will be impossible.

  

Article 7 - Payment

The price is payable when ordering.

Payments will be made by credit card (Visa, Mastercard or American Express); they will be carried out through the secure SystemPay system which uses the SSL (Secure SHOPPING) protocol so that the information transmitted is encrypted by software and that no third party can read it during transport on the network. We do not have access to your bank details at any time.

At your request, you will be sent an invoice.

Article 8 – Delivery

Deliveries are made to the address indicated in the order form which can only be in the agreed geographical area. We decline all responsibility in the event of an error in the contact details of the recipient resulting in the impossibility of following up on your order.

Article 8.1 – Delivery times

For bouquets of fresh flowers and bouquets of dried flowers, we undertake to deliver to you within a maximum of twelve hours and for Plexiglas cubes of dried flowers we undertake to deliver to you within a maximum of forty-eight hours.
However, we do everything we can to get you delivered as quickly as possible.

Delivery is possible from 10 a.m. to 7 p.m. from Tuesday to Saturday (no delivery on Sundays and public holidays). Orders must be made the day before the day of delivery
The price of delivery is 15 euros in Paris and 20 euros in the inner suburbs. You can also pick up your order yourself in store.

Regarding vases, containers, accessories... the maximum delivery time is thirty days. However, to the extent of available stocks, we will do our best to deliver your package to Colissimo the day after placing your order. Colissimo undertakes to deliver to you within two working days (Monday to Saturday) for shipments to mainland France and Monaco.

To know the prices of a Colissimo delivery, you are invited to visit the following web page: See Colissimo prices »
If the delivery deadline is exceeded by more than seven days (except force majeure), you can cancel the order by sending us a registered letter with acknowledgment of receipt. You have to do so within sixty working days from the deadline indicated for delivery of the goods. You will then be reimbursed for all sums paid within thirty days.

The contract is, where applicable, considered broken upon receipt by our company of the letter by which you announce your decision, but only if the delivery has not taken place between the sending and the reception of this letter.

Article 8.2 – Feast days or periods

During festive days or periods such as Valentine's Day, Grandmother's Day, end-of-year celebrations, Mother's Day... we cannot guarantee that delivery will take place in the chosen time slot. .
By placing an order at STUDIOMAISONCIERO.COM, you agree that the order can be delivered at any time of the day. If necessary, we will then warn you of the impossibility in which we find ourselves to make the delivery at the desired time.

Article 8.3 – Delivery in public place

Special delivery conditions apply to certain locations such as hotels, hospitals and offices. In these cases, the signature of the person authorized to receive the delivery (receptionist, staff, etc.) will be accepted as proof of the delivery which will be considered as made.

 

Some establishments, such as hospitals, refuse flower deliveries. We kindly ask you to make sure that the property accepts flower deliveries. In the event of refusal of the order by the reception or the staff room, we will not be obliged to proceed with a refund.

Article 8.4 – Force majeure

Our responsibility cannot be engaged if the execution of the contract is delayed or prevented due to events beyond our control such as war, riot, fire, strikes, accidents, climatic incidents imposing restrictions circulation and the impossibility of obtaining supplies.

Article 8.5 – Absence or refusal of the recipient

We undertake to call the recipient shortly before delivery to ensure that he is present. If you do not want the recipient to be called, be sure to specify this in the comments of your order. In this case, it will be your responsibility to ensure that the recipient is present during delivery. Indeed, if the recipient is unavailable, we will not be required to proceed with a refund or an exchange.

In the event of the recipient's absence at the delivery address, a delivery notice will invite him to come either to the post office or to the nearest store to take possession of the products made for him. Delivery will then be deemed to have been made.
If the recipient fails to go to the store to collect the floral product, you will not be entitled to any refund or exchange. The same will apply if the recipient goes to the store after the floral product has expired.
In the event of the recipient's refusal to take possession of the floral product, the delivery will be deemed to have been made and you will not be able to claim any refund or exchange.

Article 8.6 – Non-receipt of the products by the recipient

We undertake to inform you by e-mail in the event of refusal of the products by the recipient, in the event of an incorrect or incomplete address preventing delivery or in the event of delivery of a delivery notice to the absent recipient. We draw your attention to the fact that, even in these cases, the delivery will be considered as made.

Article 8.7 – Delivery accidents

In the event that an incident occurs during delivery (except force majeure), making it impossible, in accordance with article 1138 of the Civil Code, the damaged product will be replaced at our own expense. However, we cannot be held liable if the non-performance or poor performance of the contract is attributable to you or is attributable to the unforeseeable and insurmountable fact of a person unrelated to the contract (service providers are not considered as such) or to a case of force majeure.

Article 9 – Guarantee

All the products supplied by the seller benefit from the legal guarantee provided for in articles 1641 and following of the Civil Code.

Article 10 – Withdrawal, complaint and reimbursement

Article 10.1 – Withdrawal

Fresh flowers being quickly perishable goods, a right of withdrawal is not possible concerning them in accordance with article L121-20-2 of the Consumer Code. On the other hand, for potted plants, as well as for vases, containers, accessories... you have a right of withdrawal for seven days from the day of delivery. The product must be returned in perfect condition and in its original packaging. Yes  you decide to exercise this right, you must send us a registered letter. The refund will then be full and will include all sums paid, including delivery costs in accordance with the Châtel law of January 3, 2008.


The refund will take place at the latest within thirty days following the date on which your right of withdrawal will have been exercised. Return costs will be your responsibility unless a product in your order has been substituted by another for reasons of availability problem. In this case, these costs will be borne by us. However, to benefit from the right of withdrawal, the product must be returned in perfect condition and in its original packaging. If this is not the case, we will not be liable for any compensation.

Article 10.2 – Complaint

For bouquets of fresh flowers, bouquets of dried flowers and plexiglass cubes of dried flowers, in the event of a complaint, we invite you to send us a photograph of the product within two days of the indicative delivery date provided so that we can see its fault. The product will then be exchanged or refunded, excluding any other compensation or damages. The exchange or refund is excluded when the floral products could not be delivered to the recipient on the delivery date initially planned.

With regard to vases, containers, accessories... complaints must be made within three days of the indicative delivery date provided and be accompanied by a photograph. Once the defect has been noted, the product will be exchanged or refunded. Under no circumstances can there be damages.

Article 10.3 – Reimbursement

Reimbursement of the order will only be possible in the event of withdrawal, complaint or in the event of an error in the order or the delivery attributable to our service. Any refund will be made within a maximum period of thirty days following the withdrawal, the complaint or the awareness of the error. All complaints, requests for exchange or refund must be made by post or by e-mail: studiomaisonciero@gmail.com

Article 11 – Termination for contractual fault of the customer

In the event of non-compliance with these general conditions of sale, we reserve the right, without any compensation or notice, to suspend or close the user's account and to refuse him future access to all or part of the service, without prejudice to the various criminal or contractual actions of common law which could be open to him.

Article 12 – Liability

In the online sales process, we can only be bound by an obligation of means; we cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
On the other hand, in the event of erroneous information on the STUDIOMAISONCIERO.COM site, we will make every effort to correct it and will notify the customers concerned as soon as they become aware of the said errors. We also reserve the right to close the STUDIOMAISONCIERO.COM site without notice.

Article 13 – Protection of personal data

The collection and computerized processing of personal data by STUDIOMAISONCIERO.COM are strictly subject to the law of January 6, 1978 relating to data processing, files and freedoms.
The information collected as part of an order placed on the STUDIOMAISONCIERO.COM site will be used exclusively for tracking your order, for delivery or for quality control purposes. They will also be used, if you wish, to send you our newsletter. This information will in no case be transmitted to third parties.

 

In accordance with article 34 of the law of January 6, 1978 relating to data processing, files and freedoms, you have the right to access, modify, rectify and delete data concerning you. You can exercise this right either via the STUDIOMAISONCIERO.COM website, or by contacting us by e-mail at the following address:

studiomaisonciero@gmail.com

Article 14 – Intellectual property

The STUDIOMAISONCIERO.COM site, its composition, the texts, images and videos presented are protected by intellectual property and its dependent rights. Their reproduction, downloading, copying or representation, even partial, is prohibited.

Article 15 – Evidence

We will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. Our computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties in accordance with the provisions of article 1316-1 of the Civil Code. If you wish to have access to archived contracts concerning you, you can contact us by e-mail at the following address: studiomaisonciero@gmail.com

Article 16 – Dispute

These online sales conditions are subject to French law. In the event of a dispute, jurisdiction is assigned to the competent courts of Paris, notwithstanding multiple defendants or warranty claims. However, in the event of a dispute, you are invited to contact by e-mail at the following address: studiomaisonciero@gmail.com as a priority in order to try to find an amicable solution.

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