Terms of sale

I. Objet

The present general conditions of sale have for object, on the one hand, to inform any purchaser on the conditions and modalities in which Amara Fleurs proceeds to the sale and the delivery of the ordered products and, on the other hand, to define the rights and obligations of the parts within the framework of the sale of products by Amara Fleurs SARL to its customer. They apply, without restriction nor reserve, to all the sales, the products proposed by Amara Fleurs SARL on its Internet site www.amarafleurs.com . Consequently, any order of products implies the acceptance and the adhesion without reserve of the purchaser to the present General Conditions of Sale which prevail over any other document or conditions, except for any derogation expressly accepted by the Company Amara Fleurs.

The information given in our catalogs and leaflets, as well as the statements of our representatives have only an indicative value.

Amara Fleurs reserves the right to modify at any time the present general conditions of sale.


II. Pre-contractual information

The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a legible and comprehensible manner, of these general terms and conditions of sale and of all the information listed in article L 221-5 of the consumer code.

 The following information is transmitted to the buyer in a clear and comprehensible manner:

 - the essential characteristics of the good or service

 - the price of the good or service

 - in the absence of immediate execution of the contract, the date or the deadline by which the Company Amara Fleurs SARL undertakes to deliver the goods or to perform the service, whatever its price.

 - the information relating to the identity of the provider, its postal, telephone and electronic contact details, and its activities, those relating to the legal guarantees, the functionalities of the digital content and, if necessary, its interoperability, the existence and the methods of implementation of the guarantees and other contractual conditions.

The Company Amara Fleurs SARL communicates to the purchaser the following information:

- its name or its corporate name, the geographical address of its establishment and, if it is different, that of the registered office, its telephone number and its e-mail address.

 - the methods of payment, delivery and execution of the contract, as well as the methods foreseen by the professional for the treatment of the complaints.

 - in the event of sale, the existence and terms of exercise of the legal guarantee of conformity provided for in Articles L 217-1 et seq. of the Consumer Code, the guarantee of hidden defects provided for in Articles 1641 et seq. of the Civil Code and, where applicable, the commercial guarantee and after-sales service respectively referred to in Articles L 217-15 and L 217-17 of the Consumer Code.

 - the duration of the contract, when it is concluded for a fixed term, or the conditions of its cancellation in the case of a contract for an indefinite term.

The Company Amara Fleurs SARL indicates, with regard to digital content, any relevant interoperability of this content with certain hardware or software of which the professional has or should reasonably be aware.


III. Rates

The selling prices of the products on line on the Internet site of Amara Fleurs, are indicated in euros, are those in force at the time of the placing of the order by the purchaser. They do not include packaging and shipping costs, charged in addition to the price of the products purchased. The packing and shipping costs will appear on the invoice, before the validation of the order by the buyer if there should be any.

The selling prices of the products can be modified by Amara Fleurs SARL at any time.

  If the Articles are to be delivered to a country outside the European Union, the total price indicated in the order and in the order confirmation, including indirect taxes (if applicable), does not include possible customs taxes and any other sales tax, which the consumer commits himself to pay upon receipt of his package, if requested, in addition to the price indicated in the order and in the order confirmation, in accordance with the legal provisions of the country in which the articles will be delivered. To obtain information on the possible rights or taxes applied in his country of residence or in that of destination of the articles, the consumer is requested to inquire with the competent bodies of the country in question.

  Any other costs, charges, taxes and/or possible taxes that a country could apply in any capacity to the articles ordered on the basis of these general conditions of sale are the exclusive responsibility of the consumer.

The consumer declares that the non-knowledge of his share of the costs, charges, duties, taxes and/or levies referred to in the preceding paragraphs at the time of transmission of an order to the seller shall not constitute a cause for termination of this contract; these possible costs may not be debited to the seller under any circumstances.


IV. Orders

Users from all over the world can access the Site. However, the items available on the Site may only be purchased by users who request delivery to one of the countries indicated on the Site./span>

All orders imply adherence without restriction or reserve to these general terms and conditions of sale. No modification of subsequent orders can, therefore, be taken into account by the Company Amara Fleurs SARL.

From the moment the customer has validated his order, he is considered to have accepted with full knowledge of the facts and without reserve the present general conditions of sale, the prices, volumes and quantities of the products offered for sale and ordered.

The order of the purchaser will have to be confirmed by Amara Fleurs SARL by e-mail. The sale will be considered as final only after the sending to the buyer of this order confirmation by Amara Fleurs SARL and collection by this one of the totality of the price.

Amara Fleurs SARL recommends to the buyer to keep the information contained in the order confirmation sent on a paper or computerized document.

All orders placed on weekends will be processed on Mondays. The 48 hours deadline to ship the goods runs from Monday morning to Thursday evening.

The Company Amara Fleurs SARL reserves the right to refuse any order emanating from a customer who has not honored, at the deadlines, the previous orders and deliveries, without the customer being able to claim any compensation, for any reason whatsoever.

Moreover, if the Company Amara Fleurs SARL has serious or particular reasons to fear difficulties of payment on the part of the customer, at the date of the order, or after this one, it reserves the right to subordinate the acceptance of the order, or the continuation of its execution, to an immediate cash payment or to the supply by the customer of bank guarantees of payment.


V. Electronic Signature

The online provision of the buyer's credit card number and the final validation of the order will be proof of the buyer's agreement:

- Payability of the sums due under the purchase order

- Signature and express acceptance of all operations carried out.

In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact us by email: info@amarafleurs.com.


VI. Information on the products

The products governed by these terms and conditions are those that appear on the seller's website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.

The products are described and presented as accurately as possible. However, if errors or omissions may have occurred with regard to this presentation, the seller cannot be held liable.

The photographs of the products are not contractual.


VII. Prices

  1. Invoicing

The Company Amara Fleurs SARL will establish, as of the acceptance of the order, an invoice, of which a copy could be delivered the same day to the purchaser on express request of this last one.

  1. Price

Our prices are fixed by the tariff in force on the day the order is placed. They always include carriage in addition.

These prices are expressed in legal currency (€) and stipulated all taxes included except for countries or regions where export prices may apply.

 

VIII. Terms of payment

Invoices are payable, upon receipt, in cash and without discount by bank transfer, by credit card (CB, Visa, Eurocard MasterCard), and by PayPal.

 No advance payment of an invoice will give rise to a discount.

This is an order with payment obligation, which means that the placing of the order implies payment by the buyer.

More precisely, the purchaser has, at his choice, all the methods of payment put at his disposal by the Company Amara Fleurs SARL and listed on the site of the salesman. The purchaser guarantees to the salesman that he has the authorizations possibly necessary to use the method of payment chosen by him, during the validation of the purchase order. The salesman reserves the right to suspend any management of order and any delivery in the event of refusal of authorization of payment by bank card on behalf of the officially accredited organizations or in the event of non-payment.

The Company Amara Fleurs SARL reserves in particular the right to refuse to carry out a delivery or to honour an order emanating from a purchaser who would not have regulated completely or partially a preceding order or with whom a dispute of payment would be in the course of administration.

The Company Amara Fleurs SARL has set up a procedure of verification of the orders intended to ensure that no person uses the banking coordinates of another person without his knowledge.

Within the framework of this checking, it will be able to be asked to the purchaser to address by e-mail to the Company Amara Fleurs SARL a copy of an identity paper as well as a proof of residence. The order will then be validated only after reception and verification by the seller of the documents sent.


IX. Delivery

  1. Terms of delivery

The delivery is carried out at the time of the collection of the goods by the purchaser or his carrier or at the exit of the warehouses of the Company Amara Fleurs.

The goods travel at the risk and peril of the recipient who must, on arrival, control the quantity and quality before taking delivery, as well as put the necessary reservations, in writing, directly to the carrier.

The mention "under reserve" is considered insufficient.

The delivery time is only given for information and guidance.

Late delivery cannot give rise to any penalty or indemnity, nor can it be used as a reason or justification for cancelling or terminating the order.

 The transfer of the risks on the sold products is carried out at the handing-over of the products to the carrier or at the exit of the warehouses of the Company Amara Fleurs.

According to the Hamon law of March 17, 2014, from June 14, 2014, Amara Fleurs SARL reserves a maximum delay of 30 days, with validation of the order, to deliver the order. Beyond this period, if the customer wishes to cancel his order (except pre-order), he will have to send a registered letter to ask for a refund.

  1. Delivery by Chronopost

Delivery is made by Chronopost or one of its subcontractors to the address indicated by the buyer. In case of absence, the buyer or the recipient of the ordered products receives a delivery notice from the deliveryman which allows him to withdraw the ordered products, following the procedure related to the delivery notice during a certain period of about 10 days. After this period, the package will be returned to the sender and the customer will have to pay again the shipping costs to receive his order. The buyer or the recipient of the products ordered is required to check, in the presence of the delivery person, the condition of the packaging of the goods and its contents upon delivery. In the event that the buyer or the recipient of the products ordered finds any damage or missing items, whether on the condition or contents of the package, the buyer or respectively the recipient of the products ordered is required to: - apply the Chronpost procedure (including reporting the damage due, all claims and reservations) and refuse the goods by immediately issuing a report of anomaly to Chronopost (link: https://www.chronopost.fr/fr/aide/faq/reclamation/suis-je-indemnise-en-cas-davarie-que-faire-si-mon-colis-est-arrive-endommage).

Please report these incidents to Amara Fleurs SARL by email within a maximum of 48 hours (info@amarafleurs.com).

  1. Delivery time

In any event, and in accordance with the provisions of Article L. 121-20 of the Consumer Code, the products ordered will be delivered within a maximum period of 30 days (excluding pre-orders) from the day following the day on which the buyer registered his order, subject to full payment of the price. In the absence of delivery at the end of this period, the buyer will have the possibility to cancel his order. Initially if the order has not been delivered and we are able to deliver, Amara Fleurs SARL will proceed to the delivery without any additional charge to the final customer. Otherwise, the sums paid by the buyer will then be returned to him without delay, to the exclusion of any other compensation. The buyer will have to make his request in writing (e-mail to the coordinates indicated in the contact section of the website of Amara Fleurs). Amara Fleurs SARL will then proceed to an investigation with the concerned carrier before cancelling the order of the buyer and refunding the ordered and undelivered products.

An investigation with the carrier can last up to 21 working days. If during this period, the parcel containing the products is found, it will be at the choice of the purchaser either immediately re-routed to the place of delivery designated in the purchase order, or kept by Amara Fleurs SARL because the products have already been shipped again or because the order was cancelled by the customer. Amara Fleurs SARL will proceed to the refund of the ordered products not delivered. On the other hand, if the parcel containing the ordered products is not found at the end of the 21 days of investigation, Amara Fleurs SARL will proceed, at the choice of the buyer, either to the refund of the ordered products not delivered, or to a new expedition at the expense of Amara Fleurs SARL of the products ordered by the buyer. In the event that the ordered products are no longer available, the provisions of article 11 will be applied. In case of exchange of product(s), the delivery costs will be charged to the buyer.


X. Reception of Products

The buyer is obliged to check, upon delivery, the conformity of the goods delivered with the goods ordered, and the absence of apparent defects.

The purchaser must obligatorily register the precise reserves on the document of discharge (delivery note, receipt of transport) and confirm his reserves by registered letter with acknowledgement of receipt, addressed to the carrier and to the Company Amara Fleurs SARL within a strict deadline of 24 hours as from the reception. Any complaint must be duly motivated.

In the absence of a complaint or a reservation formulated within the 24 hours mentioned above, and in accordance with the procedure mentioned above, the said goods can no longer be taken back or exchanged.

However, in case of apparent defects or non-conformity of the goods delivered in relation to the goods ordered and regularly noted by the buyer on the day of receipt, the Company Amara Fleurs SARL will proceed, after express agreement on its part, to replace the goods delivered by goods conforming to the order. The expenses thus caused by the resumption of the delivery of new goods are chargeable to the Company Amara Fleurs, but exclusively after express agreement of the latter.

Any oral reservation, even confirmed by letter, as well as the mention "accepted subject to control" are considered null and void.

 The Company Amara Fleurs SARL will in no case proceed to the resumption of unsold items.

 Moreover, as a penalty clause and in application of the legal provisions, the purchaser will be, by right, liable to a penalty for late payment, calculated on the totality of the sums remaining due, by application of the interest rate equal to three times the legal interest rate.


XI. Return of products

  1. Returns

Any return of products must be the subject of a formal agreement between the seller and the buyer. Any return accepted by the salesman, in the case of an apparent defect or of nonconformity of the delivered products (except color of the roses), which will be noted by the salesman, will allow the purchaser to obtain the free replacement or the restitution of a credit note to his profit. This solution cannot be invoked in the case of a delivery made with a delay for which the customer is responsible (erroneous or incomplete address, refusal of the package, lack of information, absent recipient, large order flow to be managed by the carrier, etc.). Complaints concerning the product delivered must be reported to the deliverer by an immediate reserve at the time of delivery and then made in writing with the mandatory photo of the product delivered, within 24 hours by email to the following address: info@amarafleurs.com, specifying the order number.

For products subject to a return agreement, they must be in their original packaging, which itself will be protected to allow the resale of the product. Otherwise, the company Amara Fleurs will not process the return in its entirety.

  1. Defective items / Complaints

If, despite the care taken in preparing the order, the contents of the delivery are damaged, the customer must make an immediate reservation with the deliveryman, then send an e-mail within 2 days maximum to serviceclient@capricedefleurs.com, specifying the order number, and attaching one or more photos showing the damage.

  1. Withdrawal

The attention of the customer must be drawn to the fact that the perishable nature of the products is an exception to the right of withdrawal (flowers, plants, food ...).

Consequently, and in the absence of having retracted the order according to the places and times of delivery defined during the order, retraction is no longer materially possible. It will therefore be deemed to have waived the right of withdrawal within the legal period. Indeed, the perishable nature of floral products is an exception to the right of retraction.

It is possible to cancel or modify the order by the customer within 12H after placing the order.

XII. Force majeure

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions are considered as grounds for exoneration of the parties' obligations and lead to their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: Pandemic, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.


XIII. Retention of Title

The transfer of property of the goods sold by the Company Amara Fleurs SARL intervenes only as from the complete payment of the price by the customer, in principal, expenses and accessories, even in the event of granting delays of payment. Any clause to the contrary is deemed unwritten.

In case of non-payment, the customer is forbidden to resell the goods up to the amount of unpaid products.

Cheques and bills of exchange are only considered to be a means of payment once they have been effectively cashed. Until this date, the retention of title clause remains in full effect.


XIV. Warranty

The goods sold by the Company Amara Fleurs SARL are covered by the legal guarantee of hidden defects, in accordance with the provisions of Article 1641 of the Civil Code.

Our flowers are natural products. The colors, shapes, sizes or images present on our website, our brochures, advertisements, on social networks are only as examples. They are not intended for consumption either.

Amara Fleurs ensures that the products and/or services are in conformity with the contract, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the legal and/or official provisions in force at the date of formation of the contract.

Despite the constant care and attention that Amara Fleurs pays to the composition of the website, it is possible that information published on this website is incomplete and/or erroneous.

We cannot be held responsible if the information available on this website is not accurate, complete or up to date.

This site may contain some previous information. This prior information, by its nature, is not up to date and is provided for information purposes only. The consumer agrees that it is his or her responsibility to monitor changes to our site.

The information published on the website is regularly supplemented and/or adapted. Amara Fleurs reserves the right to make any changes with immediate effect and without prior notice.

All product descriptions and prices of products can be changed at any time without prior notice, at our sole discretion. We reserve the right to stop offering a product at any time.  

The products in our assortment are not subject to any legal warranty. We draw your attention to the fact that this is a matter of course under contract law.

For obvious damage upon delivery of the package, a complaint must be made immediately on the day of delivery before midnight. After this deadline, complaints will not be taken into account.

Deteriorations must be described as precisely as possible (type and appearance of damage to the package or product, etc.) and if possible accompanied by photos.

Amara Fleurs reserves the right to keep the amount of the order and is not obliged to deliver a new package in case the consumer is at fault.

XV. Personal data of the Consumer and protection of confidentiality

To be able to proceed to the registration, the transfer of the order and the conclusion of this contract, certain personal data are requested from the consumer through the site. The consumer is aware that the personal data provided will be recorded and used by the seller and by Amara Fleurs SARL in accordance with and in compliance with French regulations (For more information please see our data protection policy).

The consumer declares and guarantees that the data provided to the Seller during the registration process are correct and truthful.

The consumer may at any time update and/or modify the personal data provided to the Seller on the "My Account" page of the Site accessible after logging in.


XVI. Place of Jurisdiction

Any dispute relating to the application, interpretation and execution of the present general conditions of sale and the sales contracts concluded by the Company Amara Fleurs, or to the payment of the price will be the exclusive competence of the courts of the jurisdiction of MULHOUSE. Only French law will be applicable.


XVII. Data processing and liberties

The nominative data provided by the buyer is necessary to process his order and to draw up invoices.

They can be communicated to the partners of the Company Amara Fleurs SARL in charge of the execution, the treatment, the management and the payment of the orders.

The treatment of the information communicated through the Internet site Amara Fleurs is the object of a declaration to the CNIL.

The buyer has a permanent right of access, modification, rectification and opposition concerning the information concerning him. This right can be exercised under the conditions and according to the methods defined on the Amara Fleurs website.


XVIII. Médiation

Any consumer has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of disputes of a contractual nature relating to the execution of a contract for the provision of a service.

A consumer is exclusively understood to be a natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft or liberal activity or who only concerns activities on an ancillary basis.

In case of persistence of a dispute despite a prior written amicable complaint directly addressed to the Company Amara Fleurs, the consumer can refer to one of the mediators of consumption according to the practical modalities specific to each of them..

Here is a link of the mediators put at the disposal of our customers:

http://www.economie.gouv.fr/mediation-conso  


XIX. Disclaimer

The fact for the Company Amara Fleurs SARL not to take advantage, at a given time, of any of the clauses of the present general conditions of sale can in no case be considered as a renunciation to take advantage of any of the clauses of the present general conditions of sale at a later date.