Terms of sale
1. About us
The societyatlimited liability (SARL) COOL with a capital of €5,000, whose registered office is at FERNEY-VOLTAIRE (01210) Immeuble les Dauphins, 4 Avenue Voltaire, registered in the BOURG-EN-BRESSE trade and companies register under number 898 730 064 represented by the manager Ms. Claudia TAMBASCO (hereinafter the “Company”). The Company markets the following products to its Customers via its Website: flowers, flower bouquets, floral compositions, floral decorations, dried flowers, preserved flowers, vases, pots, home decorations, event decorations, events.
The Company invites Users to carefully read these General Conditions of Sale and Use (hereinafter the “GTC/CGU”). Placing an Order implies acceptance of the T&Cs/GCUs. The characteristics of the Products are indicated on the Website. It is up to the Customer to take this into account before purchasing. The photographs or graphics presented on the Website are not contractual.
The Customer acknowledges having read and accepted them by ticking the box provided for this purpose before placing his Order online.
The CGV/CGU govern the conditions under which the Company sells its Products to its Professional Customers and Consumers via its Website.
They apply to all sales concluded by the Company and are binding on any contradictory document, in particular the Customer's general conditions of purchase.
They are systematically communicated to the Customer who requests it.
In the event of subsequent modification of the GCS/CGU, the Customer is subject to the version in force at the time of his Order.
“Client”means the Professional or the Consumer who placed an Order for a Product sold on the Website;
"Ordered” refers to any order placed by the User registered on this Site;
“General Conditions of Sale and Use”or“CGV/CGU”means these general conditions of use and online sale;
"Consumer"refers to the buyer who is a natural person who does not act for professional needs and/or outside his professional activity;
“Products”designates the material things that can be appropriated and which are offered for sale on this Site;
"Professional"refers to the buyer, a legal or natural person who acts within the framework of his professional activity;
“Site”means this Site, i.e. ;
"Company"means the Malvarosa Company, more fully referred to in Article I hereof; and “User” means any person who makes use of the Site.
Registration on the Site is open to all legal or natural persons of legal age and enjoying their full personality and legal capacity.
The use of the Site is subject to the registration of a User. Registration is free.
To proceed with the registration, the User must fill in all the mandatory fields; otherwise the registration cannot be completed.
Users guarantee and declare on their honor that all the information communicated on the Site, in particular when registering, is accurate and compliant. They undertake to update their personal information from the page dedicated to it and available in their account.
All registered Users have a username and a password. These are strictly personal and confidential and must in no case be communicated to third parties under penalty of deletion of the account of the offending Registered User. Each Registered User is personally responsible for maintaining the confidentiality of his username and password. The Company will in no way be held responsible for the identity theft of a User. If a User suspects fraud at any time, he must contact the Company as soon as possible, so that the latter can take the necessary measures and regularize the situation.
Each User, whether a legal or natural person, can only hold one account on the Site.
In the event of non-compliance with the CGV/CGU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all the accounts created by the 'Offending user.
The deletion of the account entails the permanent loss of all the advantages and services acquired on the Site. However, any Order made and invoiced by the Site before the deletion of the account will be executed under normal conditions.
In the event of deletion of an account by the Company for breach of the duties and obligations set out in the T&Cs/GCU, the offending User is strictly prohibited from re-registering on the Site directly, through another email address. or by an intermediary without the express authorization of the Company.
Any Order can only be made when the User has registered on the Site. The User, when logged into his account, can add Products to his virtual basket. He can then access the summary of his virtual basket in order to confirm the Products he wishes to order and place his Order by pressing the “Order” button.
He must provide an address, a delivery method and a valid method of payment in order to finalize the Order and effectively form the sales contract between him and the Company. The finalization of the Order implies acceptance of the prices of the Products sold, as well as the terms and delivery times indicated on the Site.
Once the Order has been placed, the User will receive confirmation by email. This confirmation will summarize the Order as well as relevant delivery information. The placing of an Order constitutes the conclusion of a distance selling contract between the Company and the Customer.
6. Products and prices
The Products subject to the GCS/CGU are those which appear on the Site and which are sold and shipped directly by the Company.
The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale takes place within the limits of the Company's available stocks. The latter cannot be held responsible for stock shortages or the impossibility of selling a Product whose stock does not exist.
When a Registered User wishes to acquire a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, all taxes included (TTC), excluding shipping costs and takes into account the applicable reductions and in force on the day of the Order. The price indicated does not include the delivery costs which will be detailed if necessary in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed estimate setting out the formula for calculating the price.
Under no circumstances may a User demand the application of discounts that are no longer in effect on the day of the Order.
7. Terms of payment
Unless otherwise specified, all sales are paid in cash at the time the Order is placed.
Depending on the nature or amount of the Order, the Company remains free to require a deposit or payment of the full price when placing the Order or when receiving the invoice.
Payment can be made by:
- Bank transfer
- Bank card via a secure connection
In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Professional Client must pay the Company a late payment penalty, the rate of which is equal to the rate applied by the European Central Bank for its increased refinancing operation. by 10 percentage points.
The financing operation selected is the most recent on the date of the Order for the provision of Services.
In addition to late payment compensation, any sum, including the deposit, not paid on its due date by the Professional Client will automatically produce the payment of a lump sum compensation of 40 euros due for recovery costs.
In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Consumer Client must pay the Company a late payment penalty, the rate of which is equal to the legal interest rate.
No compensation may be made by the Customer between penalties for delay in the supply of the Products ordered and the sums due by the Customer to the Company for the purchase of Products offered on the Site.
The penalty due by the Customer, Professional or Consumer, is calculated on the amount including tax of the remaining amount due, and runs from the due date of the price without any prior formal notice being necessary.
The Products are delivered exclusively in the following geographical areas:
- Metropolitan France
- Overseas European continent
The Company undertakes to make every material and human effort to have the Products delivered as soon as possible. These may vary depending on the geographical area of the Customer, the delivery method chosen or the Product ordered.
If the delivery deadline is exceeded by 30, except in cases of force majeure, the Customer may request the termination of the contract by registered letter with acknowledgment of receipt, after having instructed the Company, under the same terms, to make delivery within a reasonable additional time, and if the Company has not performed.
In this case, the Customer will be refunded within 30 days if a payment has already been made.
In the event that delivery is impossible, due to an error in the address indicated by the Customer, the Company will contact the Customer as soon as possible in order to obtain a new delivery address and any additional delivery costs will be on client fee.
In addition, the Company cannot be held liable for reasons related to exceeding delivery times:
in periods of high demand, such as the holiday season,
for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control,
for facts attributable exclusively to the carrier responsible for the delivery.
The delivery is carried out, according to the choice of the Customer and according to the prices indicated on the Site:
- to the address indicated by the Customer when ordering by simple post.
- in one of the Company's stores, chosen by the Customer at the time of his Order.
For all Orders made on this Site, the Customer has a right of complaint of 2 days from the delivery of the Product. It is his responsibility to check the apparent condition of the Products upon delivery. In the absence of reservations expressly issued upon delivery, the Products are deemed to comply with the Order.
To exercise this right of complaint, the Customer must send to the Company, at the address firstname.lastname@example.org, a declaration in which he expresses his reservations and complaints, accompanied by the supporting documents relating thereto (receipt slip countersigned by the carrier , photographs…)
A claim that does not comply with the conditions described above cannot be accepted.
The Company will repair, replace or refund the Product or its components as soon as possible and at its expense, subject to the material possibility of repairing the Product or its availability in stock.
10. Consumer's right of withdrawal
The Consumer has a right of withdrawal of 14 days from the placing of the Order, except for the products mentioned in Article L.221-28 of the Consumer Code.
To exercise this right of withdrawal, the Consumer sends a declaration to the address: email@example.com.
The Products must be returned in their original packaging and in perfect condition within 2 days of notification of the withdrawal to the Company by the Consumer. The direct costs of return remain the responsibility of the Consumer.
He will be reimbursed for all of the costs paid for placing the Order within 14 days of the Company becoming aware of its declaration of withdrawal.
The refund will be made by the same means of payment as the one used for the purchase.
11. Transfer of Risk and Ownership
The Company retains ownership of the Products sold until full payment of the price by the Customer. It can therefore repossess said Products in the event of non-payment. In this case, the installments paid will remain acquired by the Company by way of compensation.
For Professional Customers, the transfer of risks to the Customer takes place upon delivery of the goods to the carrier by the Company. For Consumer Customers, the transfer of risk takes place upon delivery or upon collection of the goods at the store when the Customer has chosen in-store delivery.
12. Legal warranties
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.217-4 of the Consumer Code:
“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. ”
Article L.217-5 of the Consumer Code:
“The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted”
Article 1641 of the Civil Code:
“The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them.”
Any resold Product altered, modified or transformed is not covered by the warranty.
This is limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country in which it is delivered.
The Customer must inform the Company of the existence of the defects within two years. The Company will rectify the Products deemed to be defective as far as possible. If the liability of the Company is retained, the guarantee is limited to the amount excluding tax paid by the Consumer for the supply of the Products.
The replacement of the Products does not have the effect of extending the duration of the guarantee.
The Company reserves the right to modify the Site, the CGV/CGU as well as any delivery procedure or other component of the services provided by the Company through this Site.
When an Order is placed, the User is subject to the stipulations set out in the CGV / CGU in force when placing the Order.
14. Processing of personal data
Registration on the Site entails the processing of the Customer's personal data. If the Customer refuses the processing of his data, he is asked to refrain from using the Site.
This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016.
Furthermore, in accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right to query, access, rectify, modify and oppose all of its personal data by writing, by mail and justifying his identity, to the following address: firstname.lastname@example.org.
This personal data is necessary for the processing of his Order and the establishment of his invoices if necessary, as well as for the improvement of the functionalities of the Site.
15. Sharing of collected data
The Site may use third party companies to perform certain operations. By browsing the Site, the Customer accepts that third-party companies may have access to his data to allow the proper functioning of the Site.
These third-party companies only have access to the data collected in the context of carrying out a specific task. The Site remains responsible for the processing of this data.
In addition, the User may therefore be required to receive information or commercial offers from the Company or its partners.
The User may at any time oppose the receipt of these commercial offers, by writing to the Company's address indicated above.
In addition, Customer information may be transmitted to third parties without their prior express consent in order to achieve the following purposes:
respect the law
protect any person against serious bodily harm or even death fight against fraud or harm to the Company or its users protect the Company's property rights.
16. Data protection
The Company ensures an appropriate level of security proportional to the risks incurred as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.
However, these measures do not in any way constitute a guarantee and do not commit the Company to an obligation of result concerning data security.
To allow its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may place a cookie on the User's computer. This cookie makes it possible to store information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password).
The User expressly authorizes the Company to place a so-called "cookie" file on the User's hard drive.
The User has the option of blocking, modifying the retention period, or deleting this cookie via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents him from using certain services or functionalities of the Site, this malfunction can in no way constitute damage for the member who cannot claim any compensation for this fact.
The Company can in no way be held responsible for the unavailability, whether temporary or permanent, of the Website and although it implements all its means to permanently ensure the service, it is possible that the be interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation.
As previously mentioned herein, the Company can in no way be held responsible for delays in delivery for reasons that are beyond its control, beyond its control, unforeseeable and irresistible or whose fault cannot be attributed to it.
19. Intellectual Property
The brand, the logo, and the graphic charter of this Site are trademarks registered with the INPI and intellectual works protected by copyright, the ownership of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal prosecution.
20. Jurisdiction clause
The law governing the CGV/CGU is French law. Any dispute that may arise between the Company and a User during the execution of the present will be the subject of an attempt to resolve amicably. Failing this, the disputes will be brought to the attention of the competent courts of common law.
21. Acceptance of the T&Cs/T&Cs
The Customer or User expressly accepts the GCS/CGU.
The Customer declares to be aware of it and waives the right to rely on any other document, in particular its own general conditions of purchase.
The Consumer acknowledges having read the information and information provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular:
the essential characteristics of the Product;
The price of the products ;
the date or the deadline by which the Company undertakes to provide the Service;
information relating to the identity of the Company (postal, telephone and electronic contact details); information relating to legal and contractual guarantees and their implementation methods; the possibility of resorting to conventional mediation in the event of a dispute;
information relating to the right of withdrawal (deadline, terms of exercise).
22. Contact details of the mediator
Mediator with Societe Generale, 17 Cours Valmy 92987 Paris La Défense Cedex 7.
Mediator for Online Dispute Resolution (ODR) website: https://mediateur.societegenerale.fr .