General Sales Conditions

Preamble

This website www.m monsieurflower.com is published by the company IANKUSHENKO & CO, a limited liability company with a capital of 10 euros, registered in the Toulouse Trade and Companies Register (Haute-Garonne) under number 000 842 535 and whose registered office is located at 395 rue Raymond Boulogne, 2 Toulouse, France.

Through this website www.m monsieurflower.com, the company IANKUSHENKO & CO sells and delivers bouquets of flowers, preserved roses and floral decorations, in metropolitan France and throughout the world.

These General Conditions of Sale and Use apply, without restriction or reservation to all sales concluded by the company IANKUSHENKO & CO to consumers and professional buyers, wishing to acquire the products offered for sale on the website www.m monsieurflower.com and its subdomains. 

These General Conditions of Sale and Use are accessible at any time on the website www.m monsieurflower.com and shall prevail, where applicable, over any other version or any other contradictory document.

The terms defined below will have the following meanings between the parties: 

• “Bouquet”: designates an assembly of flowers. 

  • “Customer” or “Buyer”: refers to the natural person who purchases the products from the Company.

    • “Order”: designates the Product request by a Customer on the Website. 

  • "Confirmation of availability": refers to the email sent to the Customer to confirm the availability of the Order and the shipment of the Product. 
  • “Consumer”: refers to any natural person who, within the framework of these general conditions of sale, acts for purposes which do not fall within the framework of his commercial, industrial, craft or liberal activity. 
  • “Contractual document”: refers to all the contractual documents listed in article 3 hereof and including these General Conditions of Sale and Use. 
  • "Positive double click": designates the technique which consists in checking or unchecking by default a box and by which the Customer gives his agreement which is then confirmed by a second click. The click is said to be "positive" when the Customer is given the choice to validate by "yes" or "no" his acceptance of the General Conditions of Sale and of his Order, after having been able to verify the details and the price, and have corrected any errors. 
  • "Personal space": refers to the part of the site reserved for Website Users registered for dedicated services and accessible after identification. 
  • “Product”: refers to the merchandise offered for sale on the Site and the essential characteristics of which are described on the Site. 
  • “Website” or “Site”: refers to the interactive electronic service operated by the Company on the Internet network accessible at the following address www.m monsieurflower.com and its sub-domains. 
  • "Company" or "Seller": refers to the company IANKUSHENKO & CO as presented in the preamble hereof. 
  • France: refers to the territory of mainland France (excluding overseas departments and territories and Monaco) 
  • "User": refers to any person visiting the Website.

The purpose of these General Conditions of Sale and Use is to define the terms and conditions of sale of the Products offered on the Company's Website. They specify in particular the conditions of Order, payment, delivery and management of follow-up of the Order. 

They are also intended to regulate the conditions of use of the Site and the management of the Personal Space.

 

3.1 Fields of application

The Contractual Documents are in order of priority: these General Conditions of Sale and Use and the form relating to the Products ordered. In the event of a contradiction between documents of a different nature or of a different rank, it is expressly agreed between the parties that the stipulations contained in the higher-ranking document shall prevail for the obligations which are in conflict of interpretation. In the event of a contradiction between the terms of documents of the same rank, the latest documents will prevail over the others. 

The validation of the Order by the Customer as provided for in Article 5 hereof, constitutes acceptance without restriction or reservation of these General Conditions of Sale and Use. These General Conditions of Sale and Use apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels. 

The Customer declares and acknowledges: 

  • have the capacity required to contract and acquire the Products offered on the Site;

    • that its engagement does not require a handwritten or electronic signature; 
    that the acceptance of these General Conditions of Sale and Use is implemented by the Double click mechanism; 

  • that the Consumer Client has specific rights which could be called into question in the event that the products acquired within the framework of the Website are related to his professional activity; 
  • have obtained all the necessary information regarding the use of the Site and the quantitative and qualitative characteristics of the Products.

3.2 Enforceability of the general conditions of sale

These General Conditions of Sale and Use may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the Website on the date the Order is placed. 

The fact that the Company does not avail itself at a given time of one of the stipulations of these General Conditions of Sale and Use, cannot be interpreted as a waiver of its subsequent use. 

If any of the stipulations hereof prove to be null with regard to a rule of law in force or a court decision that has become final, it would then be deemed unwritten, without however voiding the General Conditions of Sale. and use or alter the validity of its other provisions.

 

3.3 applicable law

 

These general conditions of sale and use and the operations resulting from them are governed and subject to French law. 

In case of dispute, only the French courts will be competent. 

These General Conditions of Sale and Use are written in French.

 

3.4 dispute resolution

 

All disputes to which the purchase and sale transactions concluded in application of these General Conditions of Sale and Use could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between the Seller and the Customer, will be submitted to the competent French courts under the conditions of common law. 

However, prior to any recourse to the arbitral or state judge, the Client is invited to contact the Company's complaints department, available from Monday to Saturday from 10 a.m. to 20 p.m., by email at contact@m monsieurflower.com or by phone on 07 83 48 37 06 (number not surcharged). 

If no agreement is found or if the Customer justifies having tried, beforehand, to resolve his dispute directly with the Company by a written complaint, an optional mediation procedure will be proposed, carried out in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including relating to its validity. 

The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. 

- If the Customer is a consumer: 

To initiate this mediation, the Consumer Client can contact the company's mediator:

 

Mediator of the Professional Federation of E-commerce and Distance Selling (FEVAD), whose contact details are: 60 rue de la Boétie, 75008 Paris, and who can be contacted via this link: http: //www.mediateurfevad. Fr/.

- If the customer is not a consumer: 

If at the end of a period of fifteen (15) days, the parties fail to come to an agreement, the dispute will be submitted to the jurisdiction of the head office of SARL IANKUSHENKO & CO. 

As mediation is not compulsory, the Client or the Company may withdraw from the process at any time.

In the event that mediation fails or is not considered, the dispute that may have given rise to mediation will be entrusted to the competent court designated above.

4.1 Content

 

The Site mentions the following information in particular: the legal notices allowing a precise identification of the Company; information on the Products; an indication in euros of the price of the Products and services, as well as, where applicable, the shipping costs; an indication of the terms of payment and delivery; the existence of a right of withdrawal; the period of validity of the offer, including the price; existing legal and contractual guarantees; the period within which the Company undertakes to deliver the Product.

 

4.2 Access to the website

 

Access to the Website is free and open to any User with internet access. The sales area is accessible without identification. However, in order to finalize the Order, the Customer creates a personal space and indicates information allowing identification. 

All costs relating to access, whether hardware, software or internet access costs are exclusively the responsibility of the user. He is solely responsible for the proper functioning of his computer equipment as well as his internet access. 

The Website is accessible 24 hours a day, 24 days a week. However, the Company reserves the right, without notice or compensation, to temporarily or permanently, totally or partially close the Website, in particular to carry out an update, maintenance operations, modifications or changes to operational methods, servers and hours of accessibility, it being specified that this list is not exhaustive. 

The Company is not responsible for any damage of any kind which may result from these changes and / or from a temporary unavailability or even from the definitive closure of all or part of its Site. However, the Company will follow up on Product Orders which have been regularly placed by the Customer before the date of temporary suspension or definitive closure of the Website, and which will have given rise to an acknowledgment of receipt and a Confirmation of availability sent to the Customer. before this date.

 

4.3 Technical assistance

 

If the Customer encounters a technical problem, a technical assistance service is made available. This service is available from Monday to Saturday from 10 a.m. to 20 p.m., by e-mail at contact@m monsieurflower.com.com or by phone at 07 83 48 37 06 (non-surcharged number). 

In the event of interruption or inability to use the Website, the Customer can contact customer service for information at contact@m monsieurflower.com.com.

5.1 Identification

 

The Customer wishing to place an Order on the Site must create a personal space and undertake to communicate the information requested in advance using the forms available online. 

The Customer certifies the veracity and accuracy of the information thus transmitted. The information provided by the Purchaser must be exact, complete and sufficient to allow the proper execution and delivery of the order (and more particularly: digital code, landline and / or mobile phone number of the recipient, etc.). 

The information provided by the Purchaser when placing the order is binding on the latter. Also, in the event of an error in the wording of the recipient's contact details, the Company cannot be held responsible for the impossibility of delivering the Product.

 

5.2 Choice of products

 

The main characteristics of the Products offered for sale and in particular the composition, specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the Website. The photographs and graphics presented are not contractual and cannot engage the responsibility of the Seller. 

The Customer is required to refer to the description of the Product in order to know its properties and essential features. He thus acknowledges having read the nature, destination and terms of use of the Products available on the sales area and having requested and obtained the necessary and / or additional information to place his Order in full knowledge of the facts. 

It is up to the Customer to select on the Site the Products he wishes to order, according to the following methods:

  • The Customer selects the type of Product desired by clicking on the “Our fresh flowers” ​​or “Our eternal roses” or “Your personalized box” icon; 
  • Whatever Product is chosen, select the Product by clicking on the "Add to cart" icon. Then select the size of the bouquet, the size and color of the flowers if necessary, and the color of the flower box, as well as its size if applicable. If you wish, you can add a message to the chosen bouquet. If the text you have filed violates our laws or good morals, we reserve the right to return the goods without the message. Finally, you review the corresponding Product and place the selected merchandise, if you like it, by clicking on the "Add to cart" button.

5.3. Confirmation of the Order and acceptance of the General Conditions of Sale and Use

 

The Customer has the possibility to check the details of his Order, its total price and to correct any errors before confirming his acceptance. It is therefore the Customer's responsibility to verify the accuracy of the Order and to report any errors immediately. 

Any Order accepted by the Customer by a positive Double click constitutes acceptance of said Order and of these General Conditions of Sale and Use. 

The Order becomes final upon payment of the price by the Customer. 

5.4 Conservation - Archiving

 

Any contract concluded with the Customer corresponding to an order for an amount greater than 120 euros including tax will be archived by the Company for a period of ten (10) years in accordance with article L.213-1 of the Consumer Code. 

The documents will be kept in electronic format. The Company guarantees access to the documents kept, at the Customer's request by e-mail to contact@m monsieurflower.com.com. The invoice for each Order is also available on the Customer's personal space.

 

5.5. Contractual information, modification, cancellation of the Order

 

The contractual information will be sent to the Customer in two stages. Initially, the information will be provided prior to payment of the Order on the Site, by sending by email a summary of the transaction and the total amount of the Order. The Customer has, at this stage, the option to cancel or modify the Order.

In a second step, the information will intervene during the preparation of the Order by an e-mail confirming the dispatch of the Order. At this stage, it will no longer be possible to cancel or modify the order and the price paid will not be returned, except in the event of exercise of the right of withdrawal provided for in Article 10 hereof and under the conditions of the Article 5.6. 

The information thus transmitted will relate in particular to the essential characteristics of the Products ordered, after-sales service and commercial guarantees, the total amount of the order (price excluding VAT, price including VAT), costs and delivery terms.

 

5.6. Availability of Products

 

The unavailability of a Product is in principle indicated on the page of the Product concerned. In any case, if the unavailability was not indicated at the time of the order, the Company undertakes to inform the Customer without delay if the Product is unavailable. 

In the event of unavailability of an ordered Product, the Company will inform the Customer. The Purchaser will have the option to be reimbursed the corresponding sum without delay and, at the latest, within fifteen (15) days of its. The reimbursement will then be made by credit on a bank card. The Customer may also choose to have a product of equivalent quality and price delivered. If the latter option is chosen, the Customer is informed that he has a new right of withdrawal according to the same conditions previously set out in the aforementioned article 10, without having to justify reasons, nor to pay penalties, in the aforementioned conditions.

 

5.7. Execution of the Order

 

The Order is executed in the Territory: 

  • For Toulouse: you can choose to collect your Product directly from our store; 66 avenue Camille Pujol, 31000 Toulouse, France; or choose delivery to the postal address of your choice in the territory of the city of Toulouse, the same day for any order placed before one (13) p.m. and the next morning for orders placed after.
  • For the rest of mainland France, delivery is made within twenty-four (24) hours;

The Order is executed in the rest of the world, delivery takes place within forty-eight (48) hours, all taxes and customs duties payable by the Customer.

6.1. Payment Terms

 

The price is payable in cash, in full on the day the Order is placed by the Customer, by secure payment (secure entry by SSL encryption) by credit card (Carte Bleue, Visa Card or Maestro Card) indicating directly in the zone provided for this purpose the number of the card, without spaces between the digits, as well as its validity date and its security code. 

 

The Company will take all the necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the payment on the Site. It is therefore specified that all payment information provided on the Site is transmitted to the Seller's bank and is not processed on the Site.

 

6.2. Delay or refusal of payment

 

If the bank refuses to debit a card or other means of payment, the Customer must contact the Company in order to pay for the order by any other legal means in France. 

In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the Customer proves impossible, the order will be canceled and the sale automatically terminated.

 

6.3. Late payment penalties for non-consumer customers

 

In the event of default or late payment, the Seller applies late penalties calculated as follows: 

Late penalties = (amount including tax of the invoice x applicable penalty rate for the semester) x (number of days late in the semester / 365) 

The applicable penalty rate is the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 percentage points.

 

Late payment penalties are payable the day following the payment date appearing on the invoice without a reminder being necessary. Any Customer in a situation of late payment is ipso jure debtor, vis-à-vis the creditor, a lump sum compensation for recovery costs in the amount of 40 euros. When recovery costs incurred are greater than the amount of this fixed compensation, the Company may request additional compensation, upon justification.

The Products are supplied at the prices in force appearing on the Website, when the Order is registered by the Seller. The prices are expressed in euros as an amount including tax. The prices take into account any reductions that may be granted by the Seller on the Site. 

These prices are firm and not revisable during their period of validity as indicated on the Site, the Seller reserving the right, outside the period of validity, to modify the prices at any time and in particular with regard to the availability of stocks. 

The prices displayed do not include the costs of processing, shipping, transport, communication and delivery which will be invoiced in addition, under the conditions indicated on the Website and calculated prior to placing the Order. 

The prices take into account the VAT applicable on the day of the order and any change in the rate applicable to the VAT will be automatically reflected in the prices of the products.

The shipping costs are indicated in a specific "Delivery" section accessible on the sales area. 

The shipping costs include a contribution to the costs of preparation and packaging, as well as the costs of postage and transport. 

The shipping costs are fixed, made up of a fixed part and a variable part according to different criteria. Only the geographical area, the dimensions of the package and the delivery date chosen by the Customer make the amount vary. 

It should be noted that two Orders cannot be grouped together and the shipping costs will be invoiced for each of them.

9.1. Terms of delivery

 

Delivery will be made in Toulouse, in Metropolitan France and throughout the world according to the terms indicated on the Site. Bouquets and plants are packaged in packaging suitable for transporting flowers, with protection for plants and a natural hydration solution. 

Delivery is made in mainland France, excluding Monaco and hard-to-reach areas established according to the nomenclature of the service provider ensuring the deliveries, within the timeframe provided by the direct delivery of the product to the announced recipient.

 

 

The Buyer is informed and accepts that the delivery cannot be made at a specific time. The Company undertakes by an obligation of means and as far as possible to respect the proposed schedules.

 

9.2. Order delivery

 

Delivery is provided by an independent service provider, to the address mentioned by the Customer when ordering and to which the carrier can easily access. 

Delivery consists of the transfer of the Product to the Customer or to any other recipient chosen by the Customer or a representative of said recipient. A delivery slip is signed upon receipt of the Product.

For a delivery to be made within a company or a hospital environment (clinic, hospital, maternity ward, retirement home, etc.), the Customer must ensure, before placing any Order, that it can be done without difficulty in the premises of destination. In case of refusal of access, the delivery will be considered as made. Delivery to reception is considered to be delivery to the recipient. If this lack of information results in a new presentation to the recipient, the Company will be entitled to ask the Customer for the reimbursement of the costs corresponding to this new delivery. 

Upon receipt of the order, the Customer is required, in the presence of the carrier, to check the conformity of the Products delivered with his Order, to check the condition of the package and to issue, if applicable, on the delivery slip, under handwritten form accompanied by his signature, any reservations.

 

9.3. Absence of recipient

 

If the recipient is absent at the time of delivery, the delivery person will attempt to contact the recipient on the mobile or landline phone indicated by the Customer when ordering. Without a response, the delivery person will identify the best solution to complete the delivery under the best conditions according to the deposit solution chosen by the customer (no door, building guard, etc.). 

If none of the previous solutions could be found, the delivery person will return the product to the Company's workshop near the place of delivery. The Customer may either request a new delivery at his expense, or recover or have the Product collected at his expense at the Company's workshop. The Company cannot be held responsible for the quality and condition of the Product thus recovered.

 

9.4. Late delivery

 

The Purchaser may claim full reimbursement of the Order, to the exclusion of any other compensation or damages, for cases of late delivery exceeding twelve (12) hours in Toulouse from the end of the time slot of delivery, and for a period exceeding forty-eight (48) hours for the rest of France, if the product has not been delivered for any reason other than a case of force majeure or due to the Customer or for a Internet / telephone shutdown of the Seller which cannot allow him to be informed of the Order.

Principle of withdrawal 

In principle, the consumer Customer has the right to withdraw by returning or returning the Product to the Seller. 

For this, the Product must be returned or returned without undue delay, and at the latest within fourteen (14) days following the communication of his decision to withdraw, unless the Seller offers to collect the Product himself.

Withdrawal period 

In accordance with article L.221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the consumer Customer, or a third party other than the carrier and designated by the consumer Customer, physically takes possession of the Product. 

In the event that the consumer Customer has ordered several Products via a single order giving rise to several Deliveries (or in the case of an order of a single Product delivered in several batches), the withdrawal period will expire fourteen (14) days. after the day on which the consumer Customer, or a third party other than the carrier and designated by the consumer Customer, has physically taken possession of the last Product delivered. 

If the consumer Customer's order relates to several Products and if these Products are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the consumer Customer, or a third party other than the carrier and designated by the consumer Customer, takes physical possession of the last Product. 

Notification of the right of withdrawal 

To exercise his right of withdrawal and in accordance with Article L.221-21 of the Consumer Code, the Consumer Client must notify his decision to withdraw by means of an unambiguous declaration (for example, letter sent by by post, fax or e-mail) to: SARL IANKUSHENKO & CO (MONSIEUR FLOWER) 2 rue Raymond Boulogne, 31500 TOULOUSE or to contact@m monsieurflower.com.com.

He can also use the form below: 

RETRACT FORM 

Attention: SARL IANKUSHENKO & CO (MONSIEUR FLOWER)

Seller's phone number: 07 83 48 37 06

Seller e-mail address: contact@m monsieurflower.com.com

I hereby notify you of my withdrawal from the contract for the sale of the product below: 

Product reference

 N ° of the invoice: 

- Ordered on [____________] / received on [________________] 

- Method of payment used: 

- Name of the Customer and, if applicable, the beneficiary of the order: 

- Customer's address: 

- Delivery address : 

- Client's signature (except in the case of transmission by email) 

- Date

In order for the withdrawal period to be respected, the Customer must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period. 

Effects of the retraction 

In the event of withdrawal from the Customer, the Seller undertakes to reimburse all sums paid, including delivery costs (with the exception of additional costs resulting, where applicable, from the Customer's choice of a delivery method other than the standard delivery method offered by the Seller) without undue delay and, in any event, no later than fourteen (14) days from receipt by the Seller of the returned Product (Article L. 221-24 of the Consumer Code). 

The Seller will proceed with the reimbursement using the same means of payment as that which the Customer will have used for the initial transaction, unless the Customer expressly agrees on a different means; in any case, this reimbursement will not incur costs for the Customer. 

The Seller is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller. The Seller may defer reimbursement until receipt of the Product or until the Customer has provided proof of shipment of the Product, the date selected being the date of the first of these two facts. 

Terms of return 

The Customer must, without undue delay and, in any event, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the Product to: SARL IANKUSHENKO & CO (MONSIEUR FLOWER), 66 avenue Camille Pujol 31000 Toulouse. This period is deemed to have been met if the Customer returns the Product before the expiration of the fourteen (14) day period. 

Return fees 

The Customer must bear the direct costs of returning the Product. In the event that the weight of the Product prevents the Customer from returning it by post, the Customer must bear the direct costs of returning the goods.

State of the returned property 

The Product must be returned according to the Seller's instructions, that is to say in its original packaging and condition and include in particular all the accessories delivered.

The responsibility of the Customer is only engaged with regard to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this Product.

In other words, the Customer has the possibility of testing the Product but his responsibility could be engaged if he carries out manipulations other than those which are necessary. 

Exclusions from the right of withdrawal

In particular, the right of withdrawal is excluded in the following cases: 

 

➢ Supply of Products made to the Customer's specifications or clearly personalized;
➢ Supply of Products likely to deteriorate or expire quickly;

Consequently, non-dried floral products, in particular Bouquets and plants, are excluded from the right of withdrawal.

The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products. The Customer may not transfer products of which he is not yet the full owner. 

Whatever the date of the transfer of ownership of the Product, the transfer of the risks of loss and damage relating thereto will only be carried out when the recipient of the Product takes physical possession of it.

Apart from the commercial guarantees that the Seller could offer for certain Products, all Customers benefit from “legal” guarantees.

 

Article 12.1. Compliance guarantee

 

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. 
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility ”.
 

Article L.217-5 of the Consumer Code: "The good complies with the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if applicable: - if it corresponds to the description given by the seller and has the qualities that - here presented to the buyer as a sample or model; 

- if it has the qualities that a buyer can legitimately expect in view of 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 between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ”.

The Seller is liable to respond to any lack of conformity existing at the time of delivery and any lack of conformity resulting from the packaging and the instructions for use when this has been charged to him or has been carried out under his responsibility. 

The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the Product (Article L.217-12 of the Consumer Code)

In the event of a lack of conformity, the Customer may request the replacement or repair of the Product, at his option. However, if the cost of the Customer's choice is manifestly disproportionate with regard to the other possible option, taking into account the value of the Product or the importance of the defect, the Seller may proceed to a refund, without following the option chosen. by the customer. 

In the event that a replacement or repair is impossible, the Seller undertakes to return the price of the Product within thirty (30) days of receipt of the returned Product and in exchange for the return of the Product by the Customer to the following address SARL IANKUSHENKO & CO (Mr. Flower) 66 avenue Camille Pujol, 31000 TOULOUSE.

Finally, the Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following the delivery of the Product except for second-hand goods for which this period is set at six ( 6 months. (Article L. 217-7 of the Consumer Code). 

The Seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.

 

It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, if applicable, on the Products. 

 

Article 12.2. Guarantee of hidden defects

 

The Seller is bound by the guarantee due to hidden defects in the Product sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the Customer has not acquired it, or has not given it. than a lower price, if he had known them (Article 1641 of the Civil Code).

This guarantee allows the Customer who can prove the existence of a hidden defect to choose between reimbursement of the price of the Product if it is returned and reimbursement of part of its price, if the Product is not returned. 

In the event that a replacement or repair is impossible, the Seller undertakes to return the price of the Product within thirty (30) days of receipt of the returned Product and in exchange for the return of the Product by the Customer to the following address SARL IANKUSHENKO & CO (Mr. Flower) 66 avenue Camille Pujol, 31000 TOULOUSE. The action resulting from redhibitory defects must be brought by the Customer within two (2) years from the discovery of the defect (Paragraph 1 of article 1648 of the Civil Code).

 

Article 12.3. Production guarantee

 

The Customer is expressly informed that the Company is not the producer of the Products sold, within the meaning of article 1245 of the Civil Code. Consequently, in the event of damage caused to a person or a good by a defect of the product, the responsibility of the producer or the manufacturer of this Product may be sought by the Customer on the basis of the information appearing on the packaging of the said Product. 

In the event that the Company's liability as a professional seller is incurred for damage resulting from a Product within the meaning of article 1245-5 of the Civil Code, the Company reserves the right to call the producer as a guarantee. or the manufacturer.

 

Article 12.4. Commercial guarantee

 

The Products purchased on the Website benefit, in addition to the legal guarantees of conformity and hidden defects, from a contractual guarantee. 

In this regard, the Company, in addition to the legal guarantees available to the Customer, guarantees its Bouquets a lifespan of three (3) days and its stabilized roses a lifespan of three (3) years, subject to respect the maintenance advice given by the Company and accessible on the Site www.m monsieurflower.com.

The Customer is solely responsible for the preservation and confidentiality of his password and other confidential data which may be transmitted to him by the Company. Also, the Company cannot be held responsible for the damage related to the loss of his identifiers by the Customer and the use of his personal space by a third party. Also, any use of the password is presumed to be carried out on behalf of the Customer.

A notification must be sent to contact@m monsieurflower.com.com and be confirmed by a registered letter with acknowledgment of receipt in the event of identity theft. The Company will promptly interrupt access to the Personal Space and will refuse any order under the usurped identifier. Only the date of delivery of the registered mail will prevail between the parties.

The Company guarantees that the means and services of cryptology used to secure transactions are in compliance with the legislation in force.

The Company cannot be held liable for any nuisance or damage inherent in the use of the Internet network, such as service disruption, external intrusion, presence of computer viruses or any fact qualified as force majeure by the courts. 

The total or partial inability to use the products, in particular due to incompatibility of health (in particular allergic or consumption), cannot give rise to any compensation or reimbursement by the Company. 

The Company cannot be held responsible for the non-performance of a contract in the event of force majeure, caused by a third party or by the Client. The Company cannot in any case be held liable in the event of non-performance or improper performance of the contractual obligations attributable to the Customer, in particular when entering his Order.

The Company cannot be held liable if the non-performance or delay in the performance of one of its obligations described in these General Conditions results from a case of force majeure. 

There is force majeure in contractual matters when an event outside the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and whose effects can not be avoided by appropriate measures, prevents the performance of its obligation by the debtor. 

If the impediment is temporary, the performance of the obligation is suspended unless the delay resulting therefrom does not justify the termination of the contract. If the impediment is final, the contract is automatically settled and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code. 

As such, the Seller's liability may not be engaged in particular in the event of an attack by hackers, unavailability of Products, or other, interruption of electronic communications networks, as well as in the event of the occurrence of any circumstance or event outside the will of the Seller occurring after the conclusion of the General Conditions and preventing performance under normal conditions. 

It is specified that, in such a situation, the Customer cannot claim the payment of any compensation and cannot bring any recourse against the Seller. In the event of the occurrence of one of the aforementioned events, the Seller will endeavor to inform the Customer as soon as possible.

The Customer undertakes to use the services of the Website, as well as all the information to which he may have access, only for a purpose consistent with public order, good morals and the rights of third parties. He undertakes not to disrupt the use that other users of this Site could make, not to access third-party user accounts and not to access parts of the Site to which access is restricted.

Article 18.1. Elements of the Company

 

Elements belonging to the Company such as the Website, brands, designs, models, images, texts, photos, logos, graphic charters, software, search engines, databases, without this list being exhaustive, are its exclusive property.

 

These General Conditions of Sale and Use do not imply any transfer of any kind of intellectual property rights on all or part of the elements belonging to the Company for the benefit of Customers. Any reproduction and / or representation, in whole or in part, of one of these elements without the express authorization of the Company is prohibited and would constitute an offense of counterfeiting. Consequently, the Customer refrains from any action and any act likely to directly or indirectly infringe the intellectual property rights of the Company. 

Acceptance of these Contractual Conditions constitutes recognition by the Customer of the Seller's intellectual property rights and a commitment to respect them.

 

Article 18.2. Third Party Items

 

The elements belonging to third parties, such as brands, designs, models, images, texts, photos, logo without this list being exhaustive, are the exclusive property of their author or their depositor, and are protected as such by the intellectual property law. The Customer refrains from infringing, directly or indirectly, the property rights of third parties, the content of which is present on the Site and refrains from using, in any way whatsoever, the names, brands, logos, software, information, databases, works and all documents communicated to it, in general, in the case of the execution of these General Conditions of Sale and Use. 

The Customer undertakes to respect all the rights of third parties, the content of which is present on the Site and refrains from arousing any analogy in the mind of the public for any purpose whatsoever. To this end, the Customer undertakes to take all the necessary measures to protect said rights with regard to all third parties and, in particular, will maintain all the proprietary notices that will be entered on all data, information. and more generally on items that can be viewed on the platform or made accessible by third parties.

The Customer undertakes not to damage, illegally access or modify the data stored on the Company's server.

Article 20.1. Intellectual data

 

The Seller collects personal data about its Customers on the Site, including through cookies. Customers can disable cookies by following the instructions provided by their browser. 

The data collected by the Seller is used to process orders placed on the Site, manage the Customer's account, analyze the orders and, unless the Customer has expressly refused this option, send him commercial prospecting letters, newsletters , promotional offers and / or information on special sales. 

The Customer's data is kept confidentially by the Seller for the purposes of the contract, its execution and in compliance with the law. 

Customers can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email. 

The data may be communicated, in whole or in part, to the Seller's service providers involved in the ordering process. For commercial purposes, the Seller may transfer the names and contact details of its Customers to its commercial partners, provided that they have expressly given their prior consent when registering on the Site. 

The Seller will specifically ask Customers if they wish their personal data to be disclosed. Customers may change their mind at any time by contacting the Seller. The Seller can also ask its Customers if they wish to receive commercial solicitations from its partners.

 

Article 20.2. Right of customers to their personal data

 

In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation known as GDPR), the Seller ensures the implementation of the rights of persons concerned .

It is recalled that the Customer whose personal data is processed benefits from the rights of access, rectification, updating, portability and erasure of information concerning him, in accordance with the provisions of articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Regulation on the Protection of Persons (RGPD). 

In accordance with the provisions of article 38 of the amended Data Protection Act and the provisions of article 21 of the GDPR, the Customer may also, for legitimate reasons, oppose the processing of data concerning him, without cause and without fresh. 

The Customer may exercise these rights by sending an email to the address: contact@m monsieurflower.com.com or by sending a letter to SARL IANKUSHENKO & CO (MONSIEUR FLOWER) 2 rue Raymond Boulogne, 31500 Toulouse. It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the Seller a photocopy of his identity document.

 

Article 20.3. Updating of personal data

 

In order to be able to update the personal data concerning him, the Customer undertakes to provide all the information requested. In order to receive the best possible service, he undertakes to regularly update the information concerning him.

 

Article 20.4. Fraud detection        

 

The occurrence of an unpaid due to fraudulent use of a bank card will result in the registration of contact details in connection with the Order associated with this unpaid within a payment incident file implemented. An irregular declaration or an anomaly may also be the subject of specific processing.

 

Article 20.5. Cookies

 

The Site uses cookies, of which the User is informed when arriving at the Website, which allow information relating to the navigation of the computer on the Website to be recorded. These cookies are only installed after acceptance by the User, continuing to browse the Site constitutes acceptance. 

The cookie is a block of data which does not make it possible to identify the User but is used to record information relating to the user's navigation. A cookie is therefore a small text file placed on the User's computer when visiting a Site or viewing an advertisement. Their main purpose is to collect information relating to navigation on the sites and to provide personalized services. On the User's computer, cookies are managed by their internet browser. The configuration of the navigation software can make it possible to be informed of the presence of a cookie and possibly to refuse it. 

The user has all of the aforementioned rights with regard to personal data communicated by means of cookies under the conditions indicated above. This information is therefore never shared with third parties or sold. 

Finally, banking information is never in the possession of the Company. However, the Company may place cookies or collect information relating to the Buyer's terminal, in particular information (technical attributes) necessary for the recognition of the equipment (computer, tablet or mobile phone) in order to allow the identification of the equipment of the Buyer. Client for the purposes of securing transactions (prevention of fraud risks). 

The Company uses cookies and similar tracking technologies in connection with the use of the “Monsieur Flower” application and the User's terminals (mobile phones or computers) in particular in order to better identify him and personalize its services. The Site also uses "plug-ins" or social buttons. These social cookies are intended to allow Users to share pages and content through third party social networks. They also make it possible to target the advertising offer on social networks. Social plug-ins make it possible in particular to facilitate the sharing of the pages and content of the Site on the various social platforms. They allow for example to like ("like") and to share information coming from the site of the company with the friends of the purchaser or the user on the social networks. To this end, the plug-ins use cookies making it possible to trace the navigation of Internet users whether the customer is a user of these platforms or not and whether or not he is connected to the social network when browsing. These cookies also make it possible to target advertising offers on these platforms. For more information on the use of personal data in relation to social networks, the user can consult the privacy policies of the third party social networks concerned.

 

Article 20.6. Collection and processing of personal data

 

The personal data of customers are subject to automated processing for the purposes of managing and monitoring customer and prospect relationships, prospecting and sales promotion, management and monitoring of orders and payments. This processing will also allow the Customer to be informed of special offers and any new service offered. The Customer is informed on each personal data collection form of the mandatory or optional nature of the responses by the presence of an asterisk. 

If the Customer has accepted it when they identify themselves on the Personal Space, promotional e-mails offering them new products, exclusives and good deals may be sent to them. The Customer may request to no longer receive e-mails at any time by automatically unsubscribing or by expressing their wish to customer service at contact@m monsieurflower.com.com.

The computerized registers, kept in the Company's computer systems under reasonable security conditions, will be considered as proof of communications, acceptances and management of Orders.