www.floresperdidas.com edited by Sandra Besnard, auto-entrepreneur whose head office is located in Paris – 9 rue Jaucourt 75012, Paris. Phone: 07 86 53 57 21
I – GENERAL TERMS AND CONDITIONS OF SALE APPLICATION
The general terms and conditions of sale below are designed to define the applicable rules within the framework of the online selling of the Flores Perdidas products on the website: www.floresperdidas.com.
These general terms and conditions of sale are made by the seller (“Flores Perdidas”), represented by Sandra Besnard, domiciled in the 9 rue Jaucourt 75012, Paris (auto- entrepreneur, SIRET number: 531 258 226 00020)
And also made by:
Any natural or legal non-trading person, with the legal capacity of contracting while buying a product on the website (“the client”). The selling is reserved to adults or minors with a parental authorization.
It applies to all the products and services orders via the website “the products”, alongside Flores Perdidas by any person (“the client”).
The client has to take note of the general terms and conditions of sale on the website before any making any order (“The order”).
II – INSCRIPTION ON THE WEBSITE
Before ordering a good, the client has to subscribe on the website by creating an account grouping the client’s information (“the client”).
The registration of the customer on the website is validated by Flores Perdidas after checking the standard form filled by the customer.
The customer receives a confirmation e-mail of inscription.
While creating his/her account, the customer has to make sure of the accuracy and the exhaustiveness of the data which he/she supplies. The customer always has to update his/her personal information. In case of an error in the description of the address and phone number of the recipient, Flores Perdidas could not be held responsible for the impossibility of delivering the products.
By subscribing to the website, the Customer declares and guarantees to Flores Perdidas that she/he is an adult and has the legal capacity to contract.
Sandra Besnard can delete the customer’s account at any time, for any reason, at her sole discretion.
III – PRODUCTS
Les produits proposés à la vente sont ceux décrits sur le site au jour de sa consultation par le client, dans la limite des stocks disponibles. Ces indications sont mises à jour automatiquement en temps réel. Toutefois, une erreur dans la mise à jour, quelle qu’en soit l’origine, n’engage pas la responsabilité de Flores Perdidas.
Chaque produit fait l’objet d’une description détaillée présentant le modèle sous forme de photographie et les informations relatives au produit (prix et description technique) afin de satisfaire au mieux l’information du Client. Le Client reconnaît et accepte qu’il soit toutefois possible que des erreurs figurent sur le Site.
Les images du catalogue sont les plus fidèles possibles mais ne peuvent assurer une similitude parfaite avec le produit offert, notamment en ce qui concerne les couleurs. Flores Perdidas ne garantit ni la précision ni la sécurité des informations transmises ou obtenus au moyen du Site.
Il est possible que le Client reçoive à la suite d’une Commande une pièce précédemment retournée par une autre personne. Il est précisé que Flores Perdidas n’accepte que le retour de Produits intacts et non portés, ces deux conditions étant contrôlées avant d’être remises en stock des Produits retournés.
The products suggested for the sale are the ones described on the website on the day of their consultation by the customer, within the limits of available stocks. These indications are automatically updated in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Flores Perdidas.
Every product is subjected to a detailed description presenting the model in photography and the relative information of the product (price and technical description) in order to satisfy at best the customer’s information. The customer recognizes and accepts that it is nevertheless possible that errors appear on the website.
The images of the catalog are the most loyal possible but cannot assure a perfect similarity with the offered product, particularly regarding colors. Flores Perdidas does not guarantee the precision nor the security of transmitted information or obtained information on the website.
It is possible that the customer receives, following the placement of an order, a previously returned piece by another person. It is specified that Flores Perdidas only accepts the return of intact and not worn products, these two conditions being controlled before putting back the goods in the stock of returned products.
IV – ORDER
Products put on sale by Flores Perdidas are offered and available within the limits of available stocks and are delivered in France and in several European countries. The customer can however pre-order a product which is not in stock with a delivery deferment of 3 to 6 weeks.
The Customer can select as many products as he/she wants that will be added to the basket (the “Basket”). The Basket summarizes the products chosen by the customer as well as their relative prices and expenses. The customer can freely modify the basket before confirmation of his/her order. The confirmation of the order implies the customer’s acceptance of the general terms and conditions of sale, of the bought products, of their prices as well as the associated expenses.
The terms of the transmitted orders to Flores Perdidas are irrevocable for the customer, except if there is a written acceptance from us. Under these circumstances, Flores Perdidas will not have to respect the deadlines initially agreed.
A confirmation email recapitulating the order (products, price, availability of products, quantity) will be sent to the customer by Flores Perdidas. For that purpose, the customer formally accepts the use of his/her email for the confirmation of the contents of his/her order. Invoices are available in the column ” my account ” of the website.
Flores Perdidas reserves the right not to confirm the order of a customer for any justifiable motive, particularly in the case where:
– She/He would not be in compliance with the present contract;
– A dispute concerning the payment of one of his/her previous orders would be under process;
– Several serious and concordant elements would bring a suspicion of fraud on the order.
V- PRICES AND PAYMENT METHODS
The price charged to the customer is the price indicated on the confirmation of order sent by Flores Perdidas. The prices appearing on the order are prices including tax in euros, taking into account the applicable VAT in the day of the order; any changes of the rate can be echoed on the price of articles suggested by Flores Perdidas. Flores Perdidas reserves the right to amend its prices at any time, however, the price appearing in the catalog the day of the order will be the only one applicable to the buyer.
The prices indicated exclude charges by delivery and by expedition. The shipment charges depend on the nature and the quantity of the ordered products: they are indicated to the customer before the definitive confirmation of the order.
Products are payable in cash during the effective order.
The orders can be paid by check, by bank or mail transfer, by Credit card, Visa cards or MasterCard.
The regulation is made by secure payment via the site of Paypal by means of the following bank cards: Visa card, Euro-Card-Master-Card or by a Paypal account, you do not have to have a Paypal account to purchase your good.
The device Paypal guarantees to the customer that the information concerning his/her card will only be used in the secure environment of Paypal and will be known at no time by Flores Perdidas.
A delivery slip will be joined to the parcel of the customer and the customer will receive a printable and detailed invoice by email.
The order validated by the customer will only be considered as effective when the centers of payment will have given their agreement. In case of a rejection by the centers, the order will automatically be cancelled, and the customer will be notified by e-mail.
VI-DELIVERY
The orders are delivered in a maximum deadline of 10 working days after the purchase.
If the deadline were longer, we shall indicate it in the product description, particularly if the customer opts for pre-orders when the product is not in stock.
Then the delivery deadline is under 40 working days.
The delivery deadline depends then on the solution of the chosen shipping.
Flores Perdidas tries hard to deliver the order as soon as possible, however the delivery deadlines are only given for informational purposes and area code, these depending on the availability of the goods and of the classification of arrival of the orders.
The delays in delivery cannot lead to penalties or allowances or lead to the cancellation of the order.
The deliveries are insured by The Post office services, Mondial Relay, UPS or DHL, from Monday to Saturday, according to the option chosen by the Customer during validation of its order.
The delivery in France will be made in Letter max for all the items in the dimensions allowing it. For all other deliveries, Colissimo with follow-up will be used, its distribution is made with signature of the addressee. The addressee can follow his parcel on www.laposte.fr/colissimo by indicating the number of the parcel registered in the email of confirmation of his order.
In case of absence, an opinion of pending putting is left in the mailbox of the addressee. From the date mentioned on the calling card, the addressee has 15 days to remove his parcel in his delivery point.
If the customer does not remove his parcel from the post office within 15 days and if it is returned to Flores Perdidas, a participation at the expense of port for forwarding will be asked and it will be not possible to cancel the order and to ask for any refund.
The deliveries in the C.E.E. countries are posted by Colissimo Europe. For the deliveries outside the C.E.E, the deliveries are made by the international postal services.
The war, the riot, the fire, the strikes, the accidents and the impossibility are considered as cases of absolute necessity for the seller to stop the delivery from being shipped.
The goods are always sent to the consignee’s own risks.
Products are delivered to the address indicated by the customer. Flores Perdidas cannot be held responsible for an incorrect delivery address indicated by the customer.
VII- COMPLAINTS AND RETURNS
VII-1 Complaints
The Customer must verify his/her parcel on arrival and has a deadline of 48 hours to make possible complaints to the transporter in case of missing or damaged items.
Flores Perdidas is not responsible for losses / thefts / deteriorations of the Post office. Also, in case of a non-received parcel, Flores Perdidas will give the compensation expected by the post office. The possible delays do not give the right to the buyer to claim damages.
Flores Perdidas reserves the right, for any parcel income non-ready for delivery, to ask to participate to proceed to a new sending.
Any anomaly concerning the delivery such as:
· missing products,
· damaged products,
· products not compliant with order
If the non-compliance is verified, Flores Perdidas will suggest to the customer either a complete refund of the incurred expenses, or the exchange of the product.
1/ The refund of the order (price of products and expenses of delivery) as well as the expenses of return of the non-compliant product (according to the price list of the delivery company Colissimo without a registered letter posted by post on March 1st of the current year). The Customer will have to transmit a documentary evidence of the expenses of return incurred to the Customer service, by e-mail in retour@floresperdidas.com
The maximum deadline of refund is thirty days, from the date of the confirmation of the non-compliance. The Customer will then be paid off by bank transfer or by check and sent to the billing address.
Every risk bound on the return to the product is chargeable to the Customer.
2/ the exchange of one or several product(s) at the expense of Flores Perdidas (with the refund of expenses of return of the non-compliant product and according to the price list of the delivery company Colissimo without a registered letter posted by post on March 1st of the current year). To finalize this operation, the Customer will have to print the prepaid label of return which he will receive after sending his e-mail and will have to return the parcel by post from metropolitan France only.
The returns from the foreign countries are at the expense of the Customer.
The maximum deadline of the exchange is of thirty days from the sending date of the notification of confirmation of the non-compliance.
In case of abnormal or excessive complaints, Flores Perdidas can refuse to serve a later order.
VII- 2 Return
Any return must be indicated by e-mail by specifying your number of order, within 14 (fourteen) days (beginning the day of the reception of Products)
At the e-mail address retour@floresperdidas.com
Beyond this deadline, the sale being confirmed and definitive, no complaint will be accepted.
Only products retunerd to Flores Perdidas in a perfect state of resale as new, non-worn, non-washed and in their original packing (packaging, accessories) will be accepted.
This right to withdraw is applied without penalty, with the exception of the expenses of return.
Note that the risks and expenses of return are in the exclusive responsibility of the Customer.
The customer has to warn beforehand Flores Perdidas of return by sending an e-mail to retour@floresperdidas.com
Products must have been returned to the following address with the reference of the order
Return address: :
Flores Perdidas, Sandra Besnard , 9 RUE JAUCOURT 75012 Paris, FRANCE
Warning: according to the law, products having been the object of a customization are excluded from the possibility of withdrawl.
VIII – PERSONAL DATA
According to statutory provisions N 78-17 of January 6th 1978, relative to the computing, to the files and to the liberties, the website has been the object of a statement to the CNIL (NATIONAL COMMISSION FOR DATA PROCESSING AND CIVIL FREEDOMS) under the number.
All the information of your Account is only used within the framework of your commercial relationship with www.floresperdidas.com. Flores Perdidas commits to not revealing this information.
Finally, your banking information is never in our ownership. The transactions are completely treated by Paypal.
Unless the User is opposed to it expressively, he/she may besides receive special offers of Flores Perdidas, by phone or postal service if he/she filled the field “mobile phone”, “the landline telephone” andor “the address” during his/her registration on the website, or while placing an order.
VIII-1 right of opposition, rectification or abolition of your personal data
According to statutory provisions of data processing and Liberties of January 6th 1978 edited, the Buyers have at any time an access right, an opposition, a rectification, and an abolition of the personal data about them holding by Flores Perdidas.
The Users can exercise these rights by sending their request by electronic way via the column “contact us”.
IX – ACCESSIBILITY AND INFORMATION OF USE OF THE WEBSITE
These conditions of use may be modified or completed at any time, the Users of the www.floresperdidas.com site are thus invited to consult them regularly.
The Website is normally accessible at any time to the Users who have access to internet. All costs incurred to the access of the website, whether it is the material, software expenses or the access to internet, are exclusively chargeable to the User. He/she is solely responsible for the smooth running of his/her computing equipment as well as for his/her access to Internet.
Flores Perdidas cannot be held responsible for any dysfunction of the network, for servers or for any other event escaping the reasonable control, which would prevent or would degrade the access to the website.
Flores Perdidas reserves for itself the possibility of interrupting, suspending, or modifying for a moment without advance notice the access to all or part of the website, to ensure maintenance, or for any other reason, so the interruption does not open straight ahead any obligation nor compensation.
The User agrees not to undertake an activity that can hinder or disrupt the website ( or servers and networks linked to the website.)
X – RESPONSABILITY
Flores Perdidas is only kept by an obligation of conduct; its responsibility can be not at all committed for a damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, break of the service, or other involuntary problems.
Besides, Flores Perdidas cannot be questioned if it cannot execute its obligations because of a third party or in a case of an absolute necessity such as this last notion is defined by the French jurisprudence.
XI-APPLICABLE LAW AND ALLOCATION OF JURISDICTION
In case of disputes about the Use of the Website www.floresperdidas.com, the different parties commit to do everything in their power in order to settle their conflicts amicably. In the case of a dispute, it is made allocation of jurisdiction for the competent Court in the spring of the TGI of Paris which will be the only one competent whatever the nature, the cause or the place of the dispute, and whatever can be the special conditions of use, even in the case of a call-in guarantee or of plurality of the defendants.
All orders on the website imply the client full adhesion to the current General Terms and Conditions of Sale when purchasing the goods. Ticking the box: “I confirm that I have read the general terms and conditions of sale” and accepting them means that the client accepts the present general terms and conditions of sale.
Flores Perdidas tells you that it is not possible to purchase a good without accepting these detailed conditions below.