The purpose of these General Terms and Conditions of Sale is to define the rules applicable in the context of the sale of AYANA products (hereinafter "the Product (s)") on the Site https://www.ayanafloraldesign.com,
Between
The company FLEURS D'UN NOUVEAU MONDE (hereinafter referred to as "FDNM"), a company with a capital of 15,000 euros, whose head office is at 7, rue de La Bérarde in Châteauneuf les Martigues, registered with the RCS of Aix en Provence, under the number 809 268 535 (VAT number: FR86809268535) owner of the brand AYANA Floral Design filed with the INPI on October 05, 2018 under the number 4488676.
And
Any adult, non-commercial person with the legal capacity to contract, (hereinafter "the Customer") placing an order for a Product on the site.
For the application of the present, it is agreed that the "Client" and "FDNM" will be collectively referred to as the "Parties" and individually referred to as the "Party".
These general conditions (hereinafter the "General Conditions of Sale") govern without restriction the sales of AYANA Products when placing an order on the site https://ayanafloraldesign.com
"FDNM" reserves the right to modify these General Conditions of Sale at any time. The applicable General Conditions of Sale are those in force on the date of placing the order by the "Customer"; it being specified that any order of a Product implies the full and complete adhesion of the "Customer" to the General Conditions of Sale in force at the time of placing the order.
ARTICLE 1. OBJECT
The purpose of these General Terms and Conditions of Sale is to define the various stages in the sale: from the placing of the order by the "Customer" to the delivery of the Product to the "Customer".
ARTICLE 2. PRODUCTS
The products for sale on the site https://ayanafloraldesign.com are made by FDNM on order at the request of the customer according to a photograph and a descriptive card which contains the price, the composition, as well as the particular characteristics. These products can be personalized by the customer who will receive for acceptance a quote including the price, the composition and the particular characteristics.
Each product being handcrafted on demand, there may be some minor differences between the product received and the photographs on the website. Regarding the order of a personalized product, for which there is no photograph, it is understood that the "Customer" remains solely responsible for the final rendering of a creation which he himself has personalized, "FDNM" does not could be held responsible if the final product does not correspond to what he had imagined.
"FDNM" undertakes to deliver Products which meet the requirements in force relating to the safety and health of persons in accordance with European provisions, and in particular the legislation on regulated chemical substances.
ARTICLE 3. PRICE
The prices are indicated in euros all taxes included, excluding delivery costs; it being specified that the value added tax is that in force on the metropolitan French territory on the day of the edition of the invoice..
The prices applied excluding VAT are those communicated to the "Customer" during the validation of the order.
The delivery costs are communicated to the "Customer" on the summary of the order before validation of the latter and are expressed all taxes included. These costs are borne by the "Customer" and are invoiced in addition to the sale price of the Products.
ARTICLE 4. ORDER AND PAYMENT OF PRODUCTS
4.1 Order
4.1.1- Ordering a product appearing on the site https://www. ayanafloraldesign.com
4.1.1.1- Placing an order
The "Customer" materializes his order by completing the following 5 steps
Step 1: : the "Customer" selects the Products chosen and adds them to his basket.
The basket at the top right of the screen informs the "Customer" that he has taken into account the selections by indicating the number of Products it contains.
Step 2 :the "Customer" verifies the contents of his basket by clicking on "ORDER" in order to have access to the summary of his order. The "Customer" can then modify his order (Product, quantity).
The total amount including tax of the order, distinguishing on the one hand the price due under the Products, and on the other hand the delivery costs, is then indicated in the summary.
Step 3 : Once the order has been checked and if necessary modified, the "Customer" validates his basket in order to finalize his order by clicking again on "ORDER". In doing so, the "Customer" accepts purely and simply the general conditions of sale in force, available on the website https://www.ayanafloraldesign.com
If the "Client" has a promotion code, he must enter it in the space provided for this purpose in order to be able to benefit from it.
Step 4 : Entry by the "Customer" of the delivery and billing details
Fields marked with an asterisk (*) are mandatory fields; it being specified that unless otherwise specified by the "Customer", the billing address will automatically be the same as the delivery address.
If the "Customer" has already placed an order on the Site, he has a customer account. In such a case, he will identify himself only with his email address and password. The "Customer" is responsible for accessing their user account. It records non-confidential but personal information. He must therefore take care not to communicate his access codes to the platform to third parties.
The "Customer" then verifies all of the information and clicks on "VALIDATE" to continue their order.
Step 5 : Entering bank details
The "Client" will then access the secure payment screen of the "FDNM" partner as specified in article 4.1.1.3 below.
Payment is made online by credit card only.
The "Customer" must enter their bank card number, its validity date and the 3 numbers of the visual cryptogram present on the back of their card.
If payment is accepted, the "Customer" will be redirected to an order confirmation screen on the Site.
In the event of payment failure, the "Customer" will have up to 3 attempts to re-enter their bank details. After the third refusal, the "Customer" will be redirected on the Site to a screen indicating the refusal of payment. The "Customer" will then be invited to contact the "FDNM" customer service to find out the reasons and find a solution together to finalize the "Customer" order.
4.1.1.2 - Confirmation of the order
Upon acceptance of payment from the "Customer", the "Customer" will receive an email confirming their order, and summarizing all of the items ordered, the billing and delivery address. If the "Client" does not receive these emails, he should check that he has not made an error entering his email address and that he will check his file relating to unapproved emails, if necessary. (especially on webmail type platforms like, Hotmail, Gmail, etc ...). The fact of not receiving confirmation messages during the order does not block the process thereof. On the other hand, this can prove to be more penalizing with regard to messages confirming the shipment of goods, in particular for tracking shipping and delivery. The "Customer" will therefore be attentive to the validity of the email address it provides and to the proper receipt of messages sent to it by the automated systems of the company "FDNM".
"FDNM" reserves the right not to validate the order in the event of:
- complete order book
- abnormal or abusive complaints,
- abnormal orders with regard to the quantities ordered,
- abnormal or abusive exchanges and returns,
- existing dispute (s) with the client.
In the event of non-validation of the order, "FDNM" will inform the "Customer" at the earliest when placing the order and he will be immediately reimbursed for the full payment he has made.
The validation of the order by "FDNM" following the acceptance of payment implies the conclusion of a sales contract between the Parties and acceptance of the General Conditions of Sale.
The "Customer" having placed an order will be able to print their invoice by logging onto the Site in the order tracking space provided for this purpose.
The customer service of the company "FDNM" is at the disposal of the "Customer" for all questions relating to his order. Customer service is available by email (contact@ayanafloraldesign.com), and by phone on 09 83 35 90 51.
4.1.1.3 - Payment
The price of the Products purchased is payable in cash, in full on the day the order is placed by the "Customer".
Payment is made online by credit card through the CM-CIC secure payment system, the general conditions of use of this provider apply.
Valid, non-expired or canceled cards of the following type can be used within the framework of this payment system:
The cards on which the "CB" mark appears
"CB" approved cards, that is to say:
- cards bearing only the visa or mastercard brands whose acceptance has been approved by the CM-CIC payment system
- cards issued within the framework of foreign or international networks approved by the CM-CIC system.
This payment solution makes it possible to protect the information that customers communicate during the transaction and maximizes the security and compliance of each transaction.
The “Customer” bank account corresponding to the card used for payment will be debited immediately from the placing of the order by the “Customer”.
The “Client” financial information, used during the transaction, is never communicated to “FDNM”, it is kept on the secure site of the banking establishment approved for the transaction.
Fight against credit card fraud
In the context of payments made electronically, and in order to combat the fraudulent use of means of payment on the Internet, "FDNM" may verify the reliability of the information entered by the "Customer" during registration of his order, "FDNM" reserves the right to request additional documents (photocopy of identity card, proof of address, etc.) in order to validate the order and send the package. In particular for an order that has a delivery address different from the billing address or for an order greater than 500 euros. These requests will be made by email or telephone.
"FDNM" reserves the right to cancel an order which, when verifying bank details established by the online payment system, poses a risk of fraudulent use of a bank card.
In addition, "FDNM" reserves the right to refuse to honor an order from a consumer who has not fully or partially settled a previous order or with whom a payment dispute is in progress.
4.1.2 Ordering a custom product
4.1.2.1- Placing the order
The "Customer" validates his order by accepting the personalized quote which was given to him. By validating his order, the "Customer" certifies having requested and received all the information necessary for placing his order.. "FDNM" cannot be held responsible for an unformulated or forgotten request on its part.
The "Customer" also certifies having read and approved these general conditions of sale which will be applicable to his order.
4.1.2.2 - Confirmation of the order
A customed order can only be taken into account by "FDNM" after payment of a deposit of a minimum of 30%. The deposit constitutes the first payment to be used on the purchase without the possibility of return for any reason whatsoever.
The validation of the order by the "Customer" and the order confirmation sent to the "Customer" by e-mail by "FDNM" following the receipt of payment constitute conclusion of a sales contract between the Parties and acceptance of the General Conditions of Sale.
"FDNM" reserves the right not to validate the order in the event of:
- complete order book
- unpaid return of deposit paid,
- abnormal or abusive complaints,
- abnormal orders with regard to the quantities ordered,
- abnormal or abusive exchanges and returns,
- existing dispute (s) with the client.
The customer service of the company "FDNM" is available to the Customer for all questions relating to his order. Customer service is available by email (contact@ayanafloraldesign.com), and by phone on 09 83 35 90 51.
4.1.2.3 - Payment
The price of the Products purchased is payable in full before the order is sent to the "Customer". The items sold remain the property of "FDNM" until full payment of the price, VAT and shipping costs included.
In addition, "FDNM" reserves the right to refuse to honor an order from a "Customer" who has not fully or partially settled a previous order or with whom a payment dispute is in progress.
4.2 – Archiving of the order
The order confirmation is recorded in the "FDNM" registers, which are themselves stored on a reliable and durable medium. The "Customer" accepts that the order confirmation is considered as proof of the contractual relations between the Parties.
ARTICLE 5. DELIVERY
5.1. PLACE OF DELIVERY
"FDNM" will proceed to the delivery of the order to the address indicated during the validation of the order.
The delivery address can no longer be changed after validation of the order by the "Customer". It is therefore up to the "Customer" to check all the information before confirming the order.
For deliveries in mainland France, "FDNM" offers either:
delivery by Chronopost shipment
Colissimo home delivery for small items
letter delivery followed for boxes less than 3 cm thick
"FDNM" strongly advises against sending a bridal bouquet by Colissimo and cannot be held responsible for the degradation of the product in the event of the "Customer" option for this delivery method.
"FDNM" will inform the "Customer" of the dispatch of the order and will transmit all the elements necessary for follow-up
5.2 DELIVERY TIMES
5.2.1 Completion times
All our creations are handcrafted in our workshop only on order. The lead times for our products vary depending on the time of year and the order book. It is therefore necessary to count on average a manufacturing period of 1 to 2 weeks for the realization of an order in off season, from October to January, this period can be increased to 4 weeks during the high season of weddings from February to September. "FDNM" reserves the right to refuse an order in the event of saturation of its order book, it will inform the "Customer" as soon as possible when placing the order and the latter will be immediately reimbursed for the full payment that 'it will have performed.
5.2.2 Shipping
The shipping date will be that defined during the confirmation of the order and at the latest 14 working days before the date of the wedding. For any other deadline, the "Customer" must contact for validation "FDNM" when placing an order
It should be noted that the shipment of the order being made only from the total payment thereof, "FDNM" cannot be held responsible for late delivery due to late payment.
The "Customer" must therefore settle his order within a period allowing to respect the defined delivery times, taking into account the time of preparation of the shipment, the shipments made from Monday to Friday as well as the average transportation times practiced by the carrier.
Transport time (for metropolitan France):
Colissimo delivery: within 48 to 72 hours in working days after the parcel has been picked up by the Post.
Chronopost delivery the next day before 1 p.m. after picking up the package before noon.
"FDNM" cannot be held responsible for exceeding this deadline, service providers being solely responsible for non-compliance with this commitment..
In all cases, the "Customer" automatically receives an e-mail informing him of the shipment and the follow-up of his order.
"FDNM" cannot be held responsible for delays in delivery caused by the indication of an incorrect or incomplete address by the "Customer".
5.3. SHIPPING COST
The delivery costs are invoiced to the "Customer", in addition to the price of the Products, unless otherwise stated or conditions.
The amount of the delivery costs is indicated to the "Customer" when placing the order.
Regarding deliveries which are made outside of mainland France, the "Customer" undertakes to pay all taxes which would be due in respect of the importation of the products delivered to it, in particular customs duties, value tax added, and all other taxes payable under the laws of the country of reception that he indicated when ordering.
ARTICLE 6 : RECEIPT OF THE ORDER - CLAIMS - RETURNS
The "Customer" is required to check the conformity and all of the Products received in execution of his order at the time of delivery..
Any anomaly concerning the order such as:
- Damaged package,
- Missing products,
- Damaged products,
- Products not conforming to the order,
must be notified within 48 hours of receiving the order.
This notification will be sent to "FDNM" customer service, either:
- By registered mail, writing to the following address: FLEURS D’UN NOUVEAU MONDE 7, rue de la Bérarde 13220 Châteauneuf les Martigues
- By email to contact@ayanafloraldesign.com
After this period, and except hidden defect, no complaint will be accepted by "FDNM", the Products being then considered to be in conformity.
t is essential that the "Customer" checks the good condition of the package received at the time of delivery. Any anomaly must be the subject of reservations which must be duly recorded to the delivery person at the time of delivery (that is to say explicitly stated on the delivery slip). The products are partly covered by transport insurance, but its validity is subject to verification by the "Customer" of the good condition of the package (s) delivered to it. Likewise, it is imperative that the "Customer" reports any missing packages from the moment of delivery. Transport slips, whether presented in paper form or via an electronic terminal, always indicate the number of packages relating to the delivery made. The "Customer" must ensure that there is a correspondence between what is indicated on this voucher and the number of packages which he takes possession of.
The non-withdrawal of goods ordered and paid is the responsibility of the "Customer" and cannot constitute a valid reason on his part for a request for reimbursement or compensation from "FDNM".
ARTICLE 7. RIGHT OF WITHDRAWAL AND RETURN POLICY
All our products being produced at the request of the "Customer" and / or personalized, these cannot be returned or exchanged in accordance with article L121-21-8 of the Consumer Code:
“The right of withdrawal cannot be exercised, for contracts: (…) 3 ° Supply of goods made up according to the consumer's specifications or clearly personalized…”.
As a result, the "Customer" does not have the right to invoke any right of withdrawal after confirmation of the order by "FDNM". "FDNM" strongly recommends that the customer devote the time and attention necessary to validate their order and contact customer service by telephone on 09 83 35 90 51 or by email at the email address emilie@fleursmariage.com for any specific request or question.
ARTICLE 8 – PERSONAL DATA
"FDNM" collects certain information necessary for the processing of orders.
These data are not only necessary for the processing of the order of the "Client" by "FDNM", but also to communicate to the "Client" information on the AYANA brand, on the Website or to make him benefit from commercial offers; if the "Customer" has expressly accepted it by confirming their order.
The information is strictly confidential and is indicated by an asterisk (*) when it is necessary for "FDNM", in the context of the management of the "Customer" order.
For more details on the use of this personal data, the "Client" is requested to refer to the "FDNM" confidentiality rules available on the site https//www.ayanafloraldesign.com.
The General Data Protection Regulation (GDPR) which came into force on May 25, 2018 allows individuals residing in the European Union to have more transparency, rights and control over the use of their information and defines certain obligations for companies that process this personal information. In accordance with these regulations, the “FDNM” confidentiality rules available on the fleursmariage.com website describe the way in which “FDNM” collects, uses and possibly shares, the information collected about their customers and in particular when placing an order on the website https://www.ayanafloraldesign.com
Following any order from the legal authorities or in order to defend its rights or those of its employees, customers or any other person, "FDNM" may communicate this data to legally authorized bodies and authorities.
"FDNM" undertakes to take all necessary precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent that the personal information of the "Customer" is distorted, damaged or that unauthorized third parties have access to it .
The personal information of the "Customer" is sent and stored at the host of the site located in France, the contact details of which appear on the site under "Legal notices".
In accordance with the law "Informatique et Liberté" of January 6, 1978, as modified by the law of August 6, 2004, the Customer has the right to access, rectify, modify and delete data concerning him.
The "Customer" can exercise this right by sending a letter specifying his name, first name, e-mail and postal address to the following address:
FLEURS D’UN NOUVEAU MONDE – 7 rue de La Bérarde – 13220 CHATEAUNEUF LES MARTIGUES
or by email: contact@ayanafloraldesign.com
ARTICLE 9. LIMITATION OF LIABILITY
The conservation
"FDNM" cannot be held responsible for the deterioration of the Products, following poor storage thereof, due to exposure to humidity, rain, or sun.
ARTICLE 10. FORCE MAJEURE
"FDNM" will not be responsible for the total or partial non-execution of its obligations under the order placed by the "Customer", if this non-execution is caused by an event constituting a case of force majeure such as defined by positive law.
In such a case, "FDNM" will inform the "Customer" of the occurrence of such an event within 3 (three) clear days of its occurrence, by email.
After a period of 1 (one) month, and in the event that the event constituting a case of force majeure persists, the order will be canceled and will be the subject of a refund of "FDNM" »On the bank card used to place the order within a maximum period of 30 (thirty) days.
ARTICLE 11. APPLICABLE LAW
If any of the terms of these General Conditions of Sale were to be declared null, illegal or unenforceable by a court decision, the other provisions of the General Conditions of Sale will remain in force.
The General Conditions of Sale are executed and interpreted in accordance with French law.
In the event of disputes, the "Client" first addresses "FDNM" to obtain an amicable solution and, failing an agreement, the Courts of ordinary law will have sole jurisdiction.