General Terms & Conditions
INTRODUCTION :
The present terms and conditions of sale are contracted between Nymphea SARL with a capital of 7500€, registered at the parisian Trade and Commerce Registry under n° :44789224100012, at the following address : 263 rue Lecourbe, 75015 Paris, hereinafter refered to as "FLEUR de SOLEIL" and any individual or legal entity seeking to make a purchase on the website of "Fleur de Soleil" www.fleurdesoleil.fr hereinafter referred to as "the buyer".
1. SUBJECT OF CONTRACT :
The present terms and conditions of sale intend to define the contractual relations between FLEUR de SOLEIL and the buyer, which apply to any purshase made via the FLEUR de SOLEIL website. Sales on the trading website are only open to individual consumers, exempting corporations and retailers.
The aquisition of an item via the present website implies the full acceptance by the buyer of the present terms and conditions of sale.
These terms of sale shall prevail over any other general or specific terms not specifically approved by FLEUR de SOLEIL.
FLEUR DE SOLEIL reserves the right to amend these terms and conditions of sale at its discretion. In this event, the terms and conditions of sale applicable will be those in use at the date of purshase by the buyer.
2. PRODUCTS :
The products proposed are those featured in the catalog posted on the FLEUR de SOLEIL website as well as its boutique and retail shops.
All products are subject to stock availability. If a product is unavailable, FLEUR de SOLEIL will inform the buyer.
FLEUR de SOLEIL in no way guarantees the retention of products on sale at any given period.
FLEUR de SOLEIL has taken every care to ensure that the description and representation of each product is as accurate as possible.
The photographs in the catalog are as accurate as possible but do not guarantee a perfect match with the sold product, specifically with regards to the colors.
3. PRICES :
The prices in the catalog are indicated in euros and include VAT depending on the applicable tax regulations in the geographic area of sale. Any amendment to the rates can be reflected on the product prices.
FLEUR de SOLEIL reserves the right to amend prices at any time, however, the price indicated on the catalog at the time of the order will be the only one applied to the buyer.
The prices indicated do not include shipping, delivery and custom costs provided that they occur in the geographic zones set out below.
4. ORDERS :
the buyer places an online order on the website.
All orders will be confirmed after acceptance of payment.
The client must be at least 18 years of age and legally liable to place an order on the website.
The client must create an account to order a product on the website.
When opening an account, the client commitis to communicating to FLEUR de SOLEIL accurate information and to inform the corporation of changes in said information.
Confirmation of the order leads to acceptance of the present terms and conditions of sale.
All data provided and the confirmation registered will act as proof of the transaction. The confirmation will act as signature and acceptance of the operation conducted.
FLEUR de SOLEIL will send an email confirming the order.
In the event of non payment, incorrect address or any other problem linked to the order, FLEUR de Soleil reserves the right to cancel or refuse an order until the problem is solved.
6. DELIVERY :
The online sales of products listed on the website is reserved for buyers who request for delivery to mainland France, Corsica and all countries with an open access to the website.
FLEUR de SOLEIL reserves the right to provid or deny access to the website by any country, at any time and at its full discretion.
FLEUR de SOLEIL delivers its products within France and to all countries of the European Union and can deliver on demand to any country worldwide.
Products are shipped with the delivery form to the shipping address provided by the customer when ordering. The delivery cannot be made to hotels or PO boxes.
7. PAYMENT :
Full payment must be made when placing an order. At no time may payments be considered as a deposit or instalments. Customers can pay their order by credit card (Visa, Eurocard/MasterCard) or Paypal in accordance with the provisions of this Article.
FLEUR de SOLEIL retains ownership of the item until full payment by the Customer has been made. Purchases are made in a secure manner. Payment solutions adopted by FLEUR de SOLEIL are 100% secure. For payments by a banking card (credit card, visa and e-carte bleu), all the information that Customers communicate with FLEUR de SOLEIL are strictly protected and guarantee the accuracy and security of each transaction.
8. EXCHANGE AND RETURNS OF PRODUCTS :
Sale items cannot be returned nor exchanged, except in the case of manufacturing defects or hidden flaws.
RIGHT OF RETRACTION
Within 14 days from receipt of the order, the Customer may request FLEUR de SOLEIL to return or exchange of the Product(s).
To do this, the Customer must first request a return or exchange e-mail.
If the return request is validated by FLEUR de SOLEIL, and that the customer had paid fees of shipments during the initial delivery, FLEUR de SOLEIL will send a pre-paid and pre-filled label for the shipping and handling charges to be borne by FLEUR de SOLEIL (for Metropolitan France), or refund the advanced shipping costs (for foreign countries).
However, if the Customer had received free delivery for the initial delivery, the shipping fee to return items are to be taken charge of by the Customer.
The return or exchange is at the risk of the Customer. The Product must be returned within a week in its original packaging, in its original condition, new, unworn, unwashed, accompanied by the return notice, to the following address:
FLEUR de SOLEIL
13 rue de Castellane
75008 PARIS
FRANCE
If the item is not returned by the Customer within one week after receipt of the postage label, the return is considered canceled and the Customer must keep the product.
The returned Product will be refunded within a maximum of one month of its receipt by FLEUR de SOLEIL by a credit of the amount to be reimbursed to the bank account of the Customer.
The return costs are to be borne by the customer unless FLEUR de SOLEIL delivered a damaged or different item from the item ordered.
Upon non-compliance by the Customer of these conditions, notably of the conditions of return or exchange, FLEUR de SOLEIL will not proceed with the refund for the Products concerned.
9. GUARANTEES AND RESPONSIBILITY :
FLEUR de SOLEIL only has, for all stages of access to the site, the ordering process for the shipping of the package or subsequent services, an obligation of means. The responsibility of FLEUR de SOLEIL cannot be engaged for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or presence of computer viruses or any other incident of force majeure, according to law and jurisprudence.
10. INTELLECTUAL PROPERTY :
In no case the customer is allowed to download or modify all or part of the Site and its contents (listed products, descriptions, images, videos ...).
This Site or any portion of this Site shall in no case be reproduced, copied, sold or exploited for commercial purposes without the express written permission of FLEUR de SOLEIL.
In general, all copyrights, trademarks and other distinctive signs and property rights or intellectual property appearing on the Site, will remain the full property of FLEUR de SOLEIL.
The Customer is therefore obliged to respect intellectual property rights and will not in any way use the trademarks appearing on the Site and on the Products in any eventuality, or deposit a trademark that would prejudice the rights of the owner, unless otherwise stated by contract.
It is the same for any other right of intellectual property.
11. GUARANTEES AND RESPONSIBILITY :
FLEUR de SOLEIL agrees to only use the confidential information of its Customers in the case of operation of its website.
In order to effectuate the successful processing of an order, the nominative data collected will be subject to a data processing, of which the Customer acknowledges having knowledge.
As such, the information may be disclosed to the technical providers of FLEUR de SOLEIL.
Moreover, FLEUR de SOLEIL is able to apply technical means in order to obtain non-personal information about users in order to improve the functionality of the site, for example by plotting the number of visitors to certain pages.
According to the law of 6 January 1978 amended by the Act of 6 August 2004, the Customer has a right to access and correct personal data in the files of FLEUR de SOLEIL. All requests must be sent by email to: contact@fleurdesoleil.fr or by post to the following address: FLEUR de SOLEIL, 13 rue de Castellane,75008 Paris, FRANCE.
13. GENERAL PROVISIONS :
If any provision of these present conditions is declared invalid or unenforceable by a competent court, it will be declared unwritten and will not result in the nullity of other stipulations.
These general conditions can be modified at any time without notice by FLEUR de SOLEIL, the applicable conditions are those in effect on the date of the order by the Customer.
Applicable law - Jurisdiction
These general conditions are subject to French law concerning the substantive rules as the rules of form. Any dispute will be subject to a preliminary attempt at an amicable settlement.
In the absence of an amicable settlement, jurisdiction is given to the competent French courts, notwithstanding multiple defendants or introduction of third parties.
You can contact FLEUR de SOLEIL by phone at +33 (0)9 71 43 38 70.