General Terms and Conditions of Sale
The company Harmonie Florale, whose registered office is located at 155 avenue des Pépinières, Fleurs 480, 94648 Rungis Cedex, is registered on the Trade and Companies Register of Créteil under the number 527 858 286.
Harmonie Florale is a wholesaler and importer of artificial flower and decoration accessories.
The website www.harmonieflorale.fr is exclusively reserved for professionals..
You can contact us:
• Via the website www.harmonieflorale.fr, from the “contacts” page,
• By email at firstname.lastname@example.org,
• By post at the registered office address,
• By telephone on +33 (0)1 46 87 96 06.
ARTICLE 1: GENERAL CLAUSE – ENFORCEABILITY
These general terms and condition aim to define the rights and obligations of the parties within the context of online sales of the products offered by Harmonie Florale to its clients, exclusively professionals.
Sales are subject to these general terms and conditions, which take precedence over any terms and conditions of purchase, unless an exception is formally and expressly granted by Harmonie Florale. As a result, the act of placing an order implies adherence without reservation of the client to these general terms and conditions of sale, to the exclusion of any other document. All contradictory clauses are deemed never to have existed.
ARTICLE 2: OFFER
The sale offers contained in the Harmonie Florale e-catalogue, governed by these general terms and conditions of sale, are valid for any product contained in this catalogue while it remains online or while stocks last.
Harmonie Florale reserves the right:
– To make any modification it deems necessary to its products and the models defined in its leaflets and catalogues at any time,
– To withdraw a product defined in its leaflets and catalogues, at any time, without prior notice and without obligation to modify the products previously delivered or currently on order.
Promo codes sent to clients are only valid for the stipulated period. They can only be used when placing an order via our website. We reserve the right to refuse to apply promo codes to telephone orders. They are not valid on all items shown on the website (excludes current promotions, crockery, furniture, etc.).
ARTICLE 3: ORDERS
3.1 – Orders
It is the responsibility of the Client to determine the features of the products corresponding to their needs. The Client is thereby deemed to be fully aware of the products that he/she is acquiring and acknowledges that he/she has been informed that the photographs shown on the website are non-contractual and therefore that he/she has been able to obtain the information relating to the products that he/she has ordered. Any purchase order signed by the Client by “double click” (one click to place the order, one click to confirm it) constitutes irrevocable acceptance that can only be called into question in the specific cases defined in these general terms and conditions. The “double click” combined with the authentication and non-repudiation procedure and the protection of all messages constitutes an electronic signature.
The order is personal to the professional buyer and cannot be transferred without the agreement of Harmonie Florale.
3.2 – Order confirmations
Harmonie Florale reserves the right to partially fulfil the order in case of non-availability of one or more products ordered by the Client. Deliveries are carried out subject to availability. The order can be carried out in several instalments, whilst excluding backorder management for products that are unavailable in the short term. Orders shall only be deemed accepted, in full or in part, once Harmonie Florale has sent email conformation of the order. Harmonie Florale carries out checks on orders and the Client may be asked to send in supporting documentation in order to obtain definitive validation of his/her order. Harmonie Florale reserves the right to cancel the order if this supporting documentation is not received or if the documents received are deemed non-compliant.
Harmonie Florale reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of an order.
3.3 – Proof of transaction
The computerised records, held on the IT systems of Harmonie Florale or its providers under reasonable security conditions, will be considered as proof of the communications, orders and payments effected between the parties. In case of dispute, the parties agree to consider faxes and emails as written originals, serving as proof, and to waive any right to contest this means of proof.
ARTICLE 4: TERMS AND CONDITIONS OF USE OF THE PRODUCTS
The Client undertakes only to use the product for his/her own needs in accordance with its intended contractual use. The Client undertakes to use the product with all the necessary precautions. The Client undertakes not to change or remove any marking or inscription appearing on the product. These terms and conditions do not transfer ant intellectual property over the products. The Client undertakes not to adversely affect, directly or indirectly, or through any third-party with which he/she is associated, the intellectual property rights of Harmonie Florale or its suppliers.
ARTICLE 5: Delivery
5.1 – Costs
The delivery costs are indicated on the website for delivery in France and via email for the whole order for delivery abroad. The delivery costs indicated on placing the order can be modified in case of partial delivery of the order. If we agree free shipping, this does not apply to the following products: furniture, curtain structures and crockery.
5.2 – Shipping terms and conditions:
Orders over €50.00 excl. of taxes, can be delivered, from the store or warehouse, in France (excluding Corsica). Transport costs are borne by the Client. Orders below €50.00 cannot be delivered in France.
5.3 – Methods:
Delivery can be made directly to the buyer, by simple notice of availability or by release to a shipper or carrier at the vendor’s premises or to a third party instructed by the buyer. The buyer undertakes to take delivery within two days of receiving the notice of availability. Once this period has expired, except in case of force majeure, the order will be deemed to have been delivered and the sale completed.
5.4 – Delivery times:
Delivery can only be made on time if the buyer is up to date with his/her obligations towards Harmonie Florale, regardless of cause. The times agreed are not binding and delays will not result in damages, discounts or order cancellation.
5.5 – Risks:
The transfer of risks relating to the products occurs on dispatch from the vendor’s warehouses or stores. The merchandise is transported at the risk of the recipient, even for returns and free shipping, whose responsibility it is in case of damaged or missing items to make all the necessary observations on the carrier’s delivery note and to confirm his/her reservations by extrajudicial document or registered letter with acknowledgment of receipt to the carrier within 48 hours of receipt of the merchandise.
ARTICLE 6: Receipt
Without prejudice to the measures to be taken in relation to the carrier, complaints relating to visible defects or the non-compliance of the product delivered in relation to the product ordered or on the packing list, must be lodged and supporting documents provided, in writing within 48 hours of receipt of the products. No complaints will be accepted after this time.
ARTICLE 7: Returns
7.1 – Methods:
A credit note for will only be provided for a returned product subject to formal agreement between Harmonie Florale and the buyer within eight days of delivery. Return risks are always borne by the buyer. The merchandise must be returned in the same condition as when it was delivered by the supplier. Only merchandise returned in perfect condition in its original packaging and accompanied by the purchase invoice will be accepted.
7.2 – Consequences:
In case of visible defect or non-compliance of the products delivered, duly noted by Harmonie Florale, under the terms and conditions provided above, the buyer can obtain a refund or free replacement, at the discretion of the vendor. No compensation or damages will be paid.
ARTICLE 8: Guarantees
8.1 – Scope:
Under the guarantee, Harmonie Florale will replace free of charge products recognised as being defective by its departments and declared as such by the client under the terms and conditions provided above. The guarantee is limited to the replacement of the defective product or refund of the price. No other compensation for damages will be paid. The initial and return shipping costs will be borne by the buyer for the return of any merchandise ordered, for which the grounds for return are not justified by a product defect.
8.2 – Exclusions:
The guarantee does not cover visible defects. It is formally agreed, in accordance with article 1386-15 of the French Civil Code, that Harmonie Florale is exempt from all liability and cannot be pursued by the buyer, for recovery of damages caused to goods for professional use. Neither does it cover operating defects resulting from unauthorised intervention to the goods, usual wear and tear, negligence, incorrect maintenance by the buyer, abnormal use, abnormal conditions for the item sold or if the defect is the result of force majeure.
ARTICLE 9: Price and payment
9.1 – Price:
The price is indicated for each of the products appearing in the Harmonie Florale e-catalogue. These prices are quoted net, ex-works, exclusive of taxes and in euros. The price guaranteed to the buyer is the one shown on the purchase order sent to the Client by Harmonie Florale, and not the one shown on the order placed on the website, which is indicated on acceptance of the offer by the buyer under the terms and conditions mentioned in article 2 above.
The vendor reserves the right to modify the prices appearing on its website at any time.
9.2 – Methods:
Unless otherwise agreed, payments will be made on confirmation of order online, in cash and without discount.
The payment methods accepted are by bank card over the telephone or bank transfer.
All taxes, duties or other fees to be paid in accordance with French regulations or those of an importer or transit country are borne by the buyer.
Any Client that has confirmed an order and is requesting a refund for cancellation from Harmonie Florale may be required, at the discretion of the vendor and by way of damages, to pay 100% of the value of the order exclusive of taxes and transport costs.
9.3 – Online payment security:
The transmission of payment data is encrypted on entry. It is impossible to read during single transfer via Internet. The only information then circulating on the Harmonie Florale website, during the order process, is a coded number associated with the payment card, which does not reveal the actual card number. Online payments are secured with 3D Secure.
ARTICLE 10: RETENTION OF OWNERSHIP CLAUSE
These general terms and conditions are subject to French law.
General terms and conditions of sale updated on 06/06/2018.