Floral Art Workshop Flower song
December 23, 2019
Governed by Article L441-6 of the Trade Code
and in accordance with Article L111-1 of the Consumer Code
Article 1: CONDITIONS APPLICATIONS
The Seller is defined below as "Flower Singing Workshop", site published by Atelier Chant de fleurs -Virginie GUITTET- Altitude Incubator, 3 Pigeonnier de la Cepière, Bât. C, 31 100 TOULOUSE, No. Siret: 424845949900157. The Buyer is defined below as any individual or legal person, company, company, association, individuals using the site "Flower Singing Flower Art Workshop" signatory and accepting the present terms and conditions of sale. The terms and conditions of sale apply exclusively to all sales concluded by "Flower Singing Workshop" on behalf of itself and its principals. All other conditions only commit the Seller after written confirmation from him. Information given on the "Flower Singing Flower Art Workshop" website for catalogues, photographs, price list, notes, etc. are given only as an indication and may, as such, be amended by the Seller without notice. The mere act of ordering or accepting an offer from the Seller involves the full acceptance of these terms and conditions of sale. These terms and conditions of sale may be amended at any time and without notice by "Flower Singing Flower Art Workshop" and the changes are then applicable to all subsequent orders. "Flower Singing Workshop" may have to change certain provisions of its general terms of sale on an ad hoc basis, so it is imperative that the Buyer be reviewed before each order validation. The Buyer acknowledges that he is fully informed that his agreement regarding the content of these terms and conditions of sale does not require the handwritten or electronic signature of this document, as the Buyer wishes to order the products presented as part of the online shop "Flower Singing Flower Art Workshop". The Buyer is deemed to accept without reservation all the provisions set out in these terms and conditions of sale.
Article 2: COMMANDST
he offers are valid within the limits of the stocks available from our suppliers. In the event of a quote, the offer will remain valid for seven free days unless contrary stipulations are made on the offer. French is the only language proposed for the conclusion of the order. We take great care to bring essential product information and features online, including technical descriptions from our various partner suppliers and product photographs. The information and photographs contained on the site are not contractual and may contain errors.
2-1: PRODUCT DESCRIPTIONThe
essential characteristics of the products are shown in the product listing, usually containing a photograph of the product and indicating its particularities. Photographs illustrating, in support of the text, the products do not fall within the scope of the contract. If errors have been made, under no circumstances will the responsibility of "Flower Singing Workshop" be incurred. Detailed description of the product is the sole source contract. Our suppliers can change the technical composition of the products without notice. "Flower Singing Flower Art Workshop" is at all times entitled to update, improve its technical sheets or withdraw from sale its peripheral products and/or products.
2-2: PRODUITSSAby the unav
ailability of a product ordered, "Flower Singing Workshop" can provide a product of equivalent quality and price. Our offers are valid subject to availability at our suppliers. We are committed to informing you by email within eight free days and to inform you of a waiting period for a receipt of this product in case of availability after passing your order. In the event of a partial unavailability of the products, "Flower Singing Workshop" may have to split the order. Thus the available products can be sent when all the other products are available. In the event of the unavailability of a product ordered, especially due to our suppliers, the Buyer will be informed as soon as possible and will have the option to cancel his order. The Buyer will then have the choice to request the refund of the sums paid within 30 days of their payment, by cheque, or to wait for the availability and delivery of the products.
2-3: STEPS FOR CONCLU THE COMMANDE
When the first order on "Flower Singing Workshop" any new Buyer will have to create a "customer account". An identifier or login and a password of at least six alphanumeric characters will be requested. With each order validation, you'll be directed to your account via a secure connection that recalls the contents of your order. Your order will only be permanently registered after information and final validation. When you register the order by selecting a settlement method, the sale is deemed to be concluded. The buyer's validation of the order is an electronic signature that has the value of a handwritten signature between the parties. Act 2000-230 of March 13, 2000, adapting the law of evidence to information technology and relating to electronic signature, Section 1316-1 of the Civil Code, relating to electronic signature. "Flower Singing Flower Art Workshop" reserves the right to cancel or refuse any order from a Buyer with whom there would be a dispute over the payment of an earlier order.
2-4: ANNULATION OF THE COMM
ANDEThe order placed on our website "Flower Singing Workshop" is automatically cancelled without receipt of the settlement within 8 free days. From the moment the Buyer has validated his order, he is considered to have knowingly accepted and unrestricted or reserved adherence to these terms and conditions of sale. Prices, volumes and quantities of products offered for sale and ordered. The Buyer's order will have to be confirmed by "Flower Singing Workshop" by sending an email. The sale will be considered final after sending this confirmation email and cashing in the entire price. "Flower Singing Flower Art Workshop" recommends that the Buyer keep this information on a paper or electronic document.
Article 3: PRI
CEThe prices listed on the "Flower Singing Workshop" website are shown in euro, excluding delivery and possible technical charges that will be indicated before the order is validated. The prices on your order after it has been validated and registered are firm and final. If prices fall after your order, we will not be able to compensate you for the difference. If prices go up, we are committed to delivering you at the price set on the day of the order. Prices are expressed TTC. The payment of the entire price must be made at the time of the order. At no time will the sums paid be considered as a deposit or a deposit. The cashing of the entire order amount will be made at the time the order is validated or in case of payment by cheque or transfer, when it is received.
Article 4: LIVRAISONT
he products are delivered to the address indicated by the Buyer to the order. It must verify the completeness and compliance of the information it has provided. Our delivery times are indicated in working days as an indication and are to be considered once the order is validated. A delay in delivery cannot in any way entitle you to any compensation or penalty. We invite you to report any delivery delays of more than seven days to allow us to start a survey with the carrier. Investigation times can vary from one to three weeks, depending on the carrier. If the parcel is found immediately to your delivery location during the investigation period. During this investigation period, no refunds, refunds or returns of replacement goods will be possible. An express agreement, a case of force majeure preventing delivery cannot be attributed to "Flower Singing Workshop". Lock-OUT, strike, total or partial work stoppage at "Flower Singing Workshop" or its suppliers or service providers, epidemic, war, requisition, fire, flooding, interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or importation of goods are considered by law. Etc. The Seller is relieved of all responsibilities for delivery. The seller will keep a timely update on the above cases and events listed the Buyer. In all cases, delivery on time can only take place if the Buyer is up to date with his obligations to the Seller regardless of the cause.
Article 5: TRANSPO
RTAuf express and contrary convention, "Flower Singing Workshop" freely chooses the carrier. "Flower Singing Workshop" supports the risks associated with transport to delivery, i.e. until the physical handing over of the goods to the recipient indicated at the time of the order or to his representative who accepts it, provided that the Buyer checks the goods at the reception in the presence of the carrier and means, if necessary, in writing on the transport voucher or car letter. , the reservations observed according to the procedure below. Exceptionally, the risks and perils of transport, including loss, deterioration or theft, are the responsibility of the Buyer if the latter is a professional. You must refuse delivery if the package or merchandise is damaged, missing or if the package has been opened or repackaged. In the event of loss or damage, you must issue specific and detailed written reservations about the carrier's travel voucher or car letter in the presence of the carrier or its employee (the "subject to unpacking control" type reserves have no value). You must then send the carrier a recommended letter with acknowledgement of the reservations within three free days of delivery. In order to help you in this process, we invite you to contact us via the contact page of the site "Flower Singing Workshop". The goods accepted without reservation by the Buyer at the time of delivery and/or in the absence of mail addressed to the carrier within three free days, is deemed to arrive in good condition and in its entirety. No claim can be taken care of by "Flower Singing Workshop" and its liability cannot be incurred. If you have any questions or difficulties you may encounter, please contact us via our contact page of the flower art workshop Flower Song.
Article 6: CLAIMS, GARANTIES, RETOURS
For any complaint, we invite you to contact us by going to the contact page of the "Flower Singing Workshop" website. All claims relating to a defect of goods delivered, inaccuracy in quantities or their erroneous references to the offer accepted or confirmation of the order by the Seller, must be made to the Seller by registered mail with acknowledgement within 48 hours of receipt of receipt of the goods, without neglecting if necessary and in accordance with Article 5 of these general terms of sale. , the remedies against the carrier otherwise the Buyer's right to claim will cease to be acquired. Any return of goods requires the prior grant of "Flower Singing Workshop" which can be obtained via the contact page of the site "Flower Singing Flower Art Workshop". In the absence of a return agreement, the goods will be returned to you, at your own expense, risk and peril, all transport, storage and handling costs being your responsibility. The Buyer has, after obtaining the return agreement, a five-day free period to return the defective goods to "Flower Singing Workshop". Goods must be returned with a copy of the invoice. Any defective product must be returned to its original packaging, include all the product and its accessories accompanied by all documents, warranty voucher (not filled), notices, etc. Incomplete, damaged, damaged and/or original packaging will not be refunded, re-produced, exchanged or refunded. In accordance with Article 4 of Decree 78-464 of 24 March 1978 pursuant to Section 35 of Act 78-23 of 10 January 1978 relating to the fight against abusive clauses on the protection and information of consumers of products and services, the provisions of these provisions cannot deprive the Buyer of the legal guarantee which obliges the Seller to guarantee it against the consequences of the hidden defects of the thing sold. The Buyer is expressly informed that "Flower Singing Workshop" is not the producer of the products presented under its website, under The L98-389 Act of May 19, 1998 and relating to liability for defective products. Therefore, in the event of damage caused to a person or property by a defect in the product, only the liability of the manufacturer of the product can be sought by the Buyer. The goods we market as a reseller follow the manufacturer's warranty regime, which we undertake to comply with after the manufacturer's agreement. The fact of a claim does not in any way remove the Buyer from its obligations to pay the invoice within the agreed time frame. The refund or potential assets are settled upon receipt of the goods whose dispute has been duly recognized and accepted by "Flower Singing Flower Art Workshop". The costs incurred for the return of the goods for a few reasons are the exclusive responsibility of the Buyer. No return to port due will be accepted. Products made to buyer's specifications or customised, marking, drawing, embroidery or any merchandise under Article L121-20-2 amended by Order No. 2005-648 of June 6, 2005 – art. 1 JORF, 7 June 2005 effective December 1, 2005 of the Consumer Code, will not be taken back, exchanged or refunded. No claim may be entitled to any compensation or penalty.
Article 7: FACULTY OF RECTRACTATION, RÉSERVÉE TO PARTI
CULIERSIn the terms of Article L121-20 and following articles, amended by Act No. 2005-841 of July 26, 2005 – art. 3 JORF, 27 July 2005 of the Consumer Code and in the context of the distance sale, the Buyer has a withdrawal period of seven free days. The time frame mentioned is short from receipt for goods or acceptance of the offer for services. When the seven-day period expires on a Saturday, Sunday or a public holiday or a public holiday, it is extended until the next business day. The Buyer must return the goods in their original condition and packaging. Any return of goods requires an authorization that can be obtained free of charge via the contact page of the site "Flower Singing Flower Art Workshop" of our site. The return of the goods takes place at the buyer's expense, risk and peril. However, it should be noted that the right of withdrawal will not be exercised under any circumstances for products defined in the context of the application of Article L121-20-2 amended by Order No. 2005-648 of June 6, 2005 – art. 1 JORF, 7 June 2005 in effect on 1 December 2005 of the Consumer Code. This right of withdrawal is exercised without penalty, with the exception of return fees, as shown above. In the event of the exercise of the right of withdrawal, the Buyer has the choice to request either the refund of the sums paid or the exchange of the products. In the case of an exchange, the re-shipment will be at the Buyer's expense. In the event of the exercise of the right of withdrawal, "Flower Singing Flower Art Workshop" will make every effort to reimburse the Buyer within 15 days by cheque. No right of withdrawal may entitle you to any compensation or penalty. The ability to withdraw is reserved exclusively for individuals, it cannot apply under any circumstances to a professional or a holder of a SIREN Number, in accordance with the law in force.
Article 8: PROPERTY RESERVE
In according Law 80-335 of May 12, 1980 relating to the effects of property reserve clauses in sales contracts, goods that will be delivered and invoiced to the Buyer will remain the property of "Flower Singing Flower Art Workshop" until their price is paid in full. Failure to pay may result in the goods being claimed by "Flower Singing Flower Art Workshop" with immediate restitution and goods delivered at the Buyer's expense, risks and perils. During the period from delivery to transfer of ownership, the risks of loss, theft or destruction, as well as the damage that could cause the Buyer remain at his expense. The Buyer undertakes, in the case of a legal redress procedure affecting his business, to actively participate in the establishment of an inventory of the goods in his inventory, which the Seller claims ownership of. Failing that, the Seller will have the ability to have the inventory recorded by judicial officer at the Buyer's expense. The seller may prohibit the Buyer from reselling, processing or incorporating the goods in the event of late payment. If the goods are sold in the meantime, it is up to the Buyer to transfer the debt to us and if settlements on these receivables are made, they must be sent to us receipts. To guarantee payments not yet made, including the buyer's account balance in the seller's entries, it is expressly stipulated that the right to goods delivered but unpaid will refer to identical goods from the Seller in Stock at the Buyer, without the need to charge the payments on a specific sale or delivery.
Article 9: DECISIVE CLAUS
EIn the event of non-compliance with one of the Buyer's obligations by the buyer, the sale may be terminated as of right and the goods returned to the Seller if he sees fit, without prejudice to any damages that the seller may claim against the Buyer, within 48 hours of the notice remaining ineffective. In this case, the Seller is allowed to claim a lump sum payment of 10% of the sale amount from the Buyer.
Article 10: PAIEM
ENTAll payment to "Flower Singing Flower Art Workshop" cannot be considered a deposit or a down payment.
10.1: PAYMENT MOD
ES Payments must be made in such a way that the Seller can dispose of the sums on the date of the invoice. Payment is made, except on the website "Flower Singing Workshop" or granted to companies after reviewing their file, on order:
- By Cheque (issued by a bank domiciled in metropolitan France). The cheque must be sent to the order of "GuiTTET Flower Singing Workshop Virginia – ALTITUDE" at: Virginia GUITTET Flower Singing Workshop, Champ de Bolle 47440 CASSENEUIL. It should be accompanied by a copy of the acknowledgement email for your order. The cheque must be in the name of the person who placed the order. Failing that, he must mention the order number and customer number on the back of the cheque. It will be cashed as soon as it is received. Your order will be processed from the date it is received.
- By bank transfer, to the details that have been given to you. The costs are borne by the Buyer. "Flower Singing Workshop" reserves the right to ask you for a bank cheque in case the sums incurred are large.
Article 11: INTELECTUAL PROPER
TYAll elements of the "Flower Singing Workshop" site, whether visual or sound, texts, layouts, illustrations, photographs, documents and other elements, including the underlying technology, are protected by copyright, trademarks and patents. They are the exclusive property of "Flower Singing Workshop." Any copy, adaptation, translation, representation or modification of all or part of the site is strictly prohibited, without the prior written consent of "Flower Singing Workshop". Any reproduction, even partial, of the elements of the site "Flower Singing Workshop" without the written consent of us is prohibited, in accordance with Law 57-298 of March 11, 1957 on literary and artistic property and amended by LOI No. 2009-669 of June 12, 2009 – art. 21 of the Intellectual Property Code. Except in cases provided for by Article L122-5 of that code and would constitute infringement sanctioned by the Penal Code.
Article 12: INFORMASED AND FRE
EThe information requested from the Buyer is necessary for the processing of his order and may be communicated to the contracting suppliers of "Flower Singing Workshop" involved in the execution of this order. Through us, you may be required to receive business proposals from other partner companies. If you do not wish to receive them, simply contact us on our contact page of the "Flower Singing Workshop" website, to oppose such communication, or to exercise your rights to the information about you and contained in the files of "Flower Singing Workshop". Under Act 78-17 of January 6, 1978 relating to computer science, files and freedoms, Consolidated version as of May 14, 2009, you have the rights of objection (Article 26), access rights (articles 34 to 38) and rectification rights (Article 36) of the data concerning you. For example, you may require that information about you be corrected, supplemented, clarified, updated or deleted that is inaccurate, incomplete, equivocal, out of date, or that is prohibited from collecting, using, communicating or retaining. If you want to use this right, just write to us on our contact page of the site "Flower Singing Workshop".
Article 13: INFORMAS INFORMASTIC P
ROBLEMsThe buyer knows the characteristics of the Internet computer network and in particular the possibility of interruption of connection, server failures, electrical problems or other (the list is not limiting) "Flower Art Workshop Flower Song" cannot be held responsible for the consequences of such events and will be free of any obligation in contact with the Buyer. No claim may be entitled to any compensation or penalty.
Article 14: NO-VALIDATION PART
IALSif one or more stipulations of these terms and conditions of sale are held to be invalid or declared invalid under a law, decree, regulation or following a final decision of a competent court, the other stipulations will retain all their strength and scope.
Article 15: LOI APPLICAB
LEThe present terms and conditions of sale are subject to French law. The application of the Vienna Convention on the International Sale of Goods is expressly excluded. The computerized records and files of "Flower Singing Flower Art Workshop" will be considered by the parties as evidence of communications, orders, payments and transactions between the parties, unless proven otherwise. All different aspects of training, the performance and termination of contractual obligations between the parties that cannot give rise to an amicable settlement will be submitted to the French courts. The fact that "Flower Singing Workshop" does not avail itself at any given time of one of the clauses of these terms and conditions of sale, cannot be worth denunciation to avail themselves of these same clauses at a later date.
Article 16: JURIDICTION ATTRIBUTIVE CLAUSEFo
r all disputes and challenges, regardless of the nature or cause, only the courts of Aix-en-Provence will have jurisdiction, even in the case of referrals, appeals for guarantees or plurality of defenders. Acceptances, drafts, warrants, terms of port do not bring novations or derogations from this clause.