General terms and conditions of online sale of the Orchidée-Diffusion website
1- General provisions
PHYTO-DIFFUSION is a simplified joint stock company, "Société par actions simplifiée" in french (Company with a single associate), with a registered capital of 10,000 euros, registered in the Meaux Trade and Companies Register under number 825 159 0569, whose registered office is located at 15 rue Massenet - 77360 Vaires sur Marne (France) and which operates under the trade name Orchidée-Diffusion.
Its intra-community VAT number is FR29825159056
The company is specialised in the purchase and resale of plants without composition - cultivation material for individuals and professionals - purchase and resale of all ornamental decoration products and in general, manufacturing products.
PHYTO-DIFFUSION specialises in the online sale of orchids, plants and accessories.
PHYTO-DIFFUSION is the owner and publisher of the Orchidée Diffusion Website (available under www.orchidee-diffusion.com), through which PHYTO-DIFFUSION's customers order all of the aforementioned products.
In these general terms of sale, words or expressions beginning with a capital letter shall have the following meaning.
Customer: refers to any person, acting as a consumer, who purchases a Product sold on the Site, under the conditions agreed upon herein.
GTC: means this document.
Party/ Parties: means individually the Customer or the Company and collectively the Customer and the Company.
Product(s): refers to all the flowers offered for sale on the Site, as well as the accessories.
Site: shall designate the Internet site www.orchidee-diffusion.com owned and published by the Company.
Company: shall designate the company PHYTO-DIFFUSION.
The purpose of these General Terms and Conditions of Sale is to detail their scope of application and the conditions of their acceptance.
They also detail the conditions under which the Products are sold on the Site.
They also specify the terms and conditions for ordering and paying for these Products, as well as the conditions for their delivery and return.
They also deal with the limitation of the Company's liability.
4- Scope and acceptance of the general terms and conditions of sale
The Parties agree that their relationship is governed by these terms and conditions, to the exclusion of any terms and conditions previously available on the Site.
The present General Terms and Conditions of Sale are applicable to all orders for Products offered by the Company, placed through the Site.
Any order of Products on the Site implies the prior express and unreserved acceptance of the present terms by the Customer, under the conditions provided for in Article 6 hereof.
The Company offers, for sale online, through the Site a selection of Products. The Company reserves the right to modify this selection at any time.
Moreover, this selection is valid within the limits of available stocks. Thus, in the event of a Product ordered being out of stock, the Company will notify the Customer. The Parties will agree together: (i) to deliver a Product with similar characteristics in size and quality to the Product initially ordered; (ii) to ship the order, without the Product concerned, by offering a credit note valid for one year or a refund.
The characteristics of the Products are detailed on the Site by means of a description.
The Products are also presented visually by means of photographs and the Products shipped are always in conformity with the photographs and descriptions displayed on the Site, despite the fact that for Products such as orchids and other plants, the Company cannot guarantee the exact rendering of the colors, tones and sizes of the Products in comparison with the photographs displayed on the Site.
Finally, with regard to the perishable Products it offers, the Company reserves the right to replace one Product with another, insofar as this replacement does not alter the visual aspect of the final Product, nor its size.
Any purchase of a Product implies :
selecting a Product to add to the Customer's "shopping cart" by clicking on the "ADD TO CART" button;
The Customer is then redirected to a summary page of his order and must click on the button "VALIDATE CART", before being able to fill in his delivery information by means of the form dedicated to this purpose on the Site and to click on the button "NEXT";
the Customer must then identify himself:
(i) by connecting to his account, if he already has one on the Site. He must then indicate his email and password, before validating all his personal information, as well as his order by clicking on the "VALIDATE" button;
(ii) by creating an account if he/she does not already have one. He must then provide personal information using the form on the Site. He/she will have to fill in the following information: email; account identifier; password; telephone; first name; last name; address, before clicking on the "REGISTER" button.
the Customer is then redirected to a payment page for his order by credit card. He must then fill in all the information necessary for said payment, following the indications provided for this purpose on the Site.
Before validating his order by clicking on the button "VALIDATE MY ORDER", the Customer must accept the present terms and conditions by ticking the box provided for this purpose on the Site.
6.2 Automatic order confirmation
Once the payment of his order is made, the Customer receives an automatic confirmation of his order by email, at the address given by him at the time of his account creation (subject to having given a valid email address without error).
This automatic confirmation is made subject to its final validation by the Company, under the conditions described in Article 6.3 hereof.
6.3 Final validation of orders by the Company
The Company reserves the right not to follow up on an order:
when the banking organization in charge of the management of the payment of the order demonstrates the incapacity to implement the payment of the Customer;
if there is an abnormal request by the content, the frequency, or the bad faith of the Customer;
more generally in the event of legitimate reason such as envisaged by the article L. 121-11 of the Code of the Consumption.
In the event that the Company proceeds to the validation of the Customer's order, it makes the corresponding invoice available to the Customer via his personal account on the Site.
In the event that the Company does not accept the Customer's order for one of the reasons mentioned above, the Customer will receive an email (at the email address provided by the Customer at the time of his or her account creation), indicating that the order is cancelled and that the Customer will not be debited for the amount of the order or will be reimbursed as soon as possible.
6.4 Right of withdrawal
In accordance with the provisions of Article L. 221-28 of the French Consumer Code, some of the Products offered by the Company are qualified as goods that are likely to expire quickly (fresh flowers).
Under these conditions, the Customer does not benefit from the right of withdrawal provided for in Article L. 221-18 of the Consumer Code.
For other non-perishable Products (e.g. accessories), in accordance with the legal provisions in force and more particularly article L. 221-18 of the French Commercial Code, in the context of a purchase made at a distance, the Customer has a withdrawal period of 14 clear days from the day he/she receives the Product(s) of his/her order.
The information relating to the Customer's right of withdrawal, in this case, is set out in the standard information sheet on the right of withdrawal attached hereto (Annex 1).
7- Prices and payment
The prices of the Products offered by the Company are fixed.
These prices are indicated on the Site and are quoted in euros.
These are final and non-revisable prices, including VAT, and do not include delivery costs (which are specified to the Customer at the time of selecting a delivery method).
The price shall be paid in accordance with the provisions of Article 7.2 hereof.
The payment of a Product(s) is made by credit card through a secure payment service.
Once the payment for a Product(s) has been made and the related order validated, under the conditions defined in Article 6 hereof, the Company shall make the corresponding invoice available to the Customer via his/her personal account on the Site.
8.1 Terms of delivery
Customers have the option of selecting one of the following delivery methods: by post (Collissimo) 48 hours at home; Chronopost 24h; Mondial Relay 3 to 5 working days.
La Poste - Colissimo
The delivery is carried out with the address specified by the Customer, within 48 hours, as from the forwarding of the order by PHYTO-DIFFUSION.
The customer chooses the place and date of delivery, which will be made between 8am and 1pm.
The Customer shall ensure that on the date and at the time of delivery, the recipient or a person representing him shall be able to receive the order.
When the Customer is not the addressee and in case of absence of the latter, it is up to the Customer to inform him of the nature of the order, so that he can recover it in a relay point, as soon as possible.
The Customer chooses the place of collection and is responsible for ensuring the days and hours of operation of the selected place.
The delivery in Mondial Relay is made on the date chosen by the Customer.
Mondial Relay delivery is made to the collection point selected by the Customer, within 3 to 5 working days, from the dispatch of the order.
Delivery by Post Collissimo / Chronopost 24h / Mondial Relay
Deliveries are made within one working day from the date of departure of the order.
For Chronopost 24h and Mondial Relay deliveries, Customers are informed by email, at the address they provided when creating their account (provided they have provided a valid and error-free email address), of the departure date of their order.
Moreover, for Chronopost 24h and Mondial Relay deliveries, these are made from Tuesday to Saturday, excluding public holidays.
8.3 Liability and indemnification
The Company advises its Customers to choose a delivery date two days before any event, especially around certain holidays (Valentine's Day; Grandmother's Day; May Day; Mother's Day; New Year's Eve; etc.).
For the deliveries carried out according to the modalities Chronopost 24h :
- In case of error of the Customer in the communication of the coordinates of delivery or of incomplete information, the Company could not be held responsible for the impossibility or the delay of delivery. Under these conditions, the Company will not make any refund;
- the same applies in the event that the Customer is absent to receive the Products at the agreed place and time. Furthermore, in this case, the delivery person appointed by the Company will drop off the package at the nearest Chronopost relay point.
- Finally, the Company informs its Customers that deliveries are only made with hand delivery, except when the Customer requests that the order be left with a neighbor or in a safe place.
8.4 Delivery area
The delivery area of the Products is limited to metropolitan France. Any person wishing to be delivered outside this area must contact the Company directly.
8.5 Delivery to a company or hospital
In the case of a delivery requested in a company or in a hospital, the Customer must ensure the feasibility of the delivery. Moreover, in the event of delivery to the reception of these various places, the said delivery is considered to have been made.
9- Reception of products (chronopost 24h)
In accordance with the provisions of Article L. 133-3 of the French Commercial Code, in the event of damage to or partial loss of the Products ordered during transport, the Customer shall notify the Company and the carrier by extrajudicial document or by registered letter with acknowledgement of receipt within three (3) days at the latest, not including public holidays, from the date of receipt.
In the event of a claim made on the basis of the aforementioned article, the Customer is obliged to attach to his request photos of the packaging and the damaged Products.
If no complaint or reservation is made in this respect under the aforementioned conditions, the said Products may no longer be taken back or exchanged by the Company and no recourse may be taken against the carrier.
10- Reservation of ownership
The Company retains full ownership of the Products purchased until the Customer has fulfilled all of its obligations and in particular until the price has been paid in full.
1.1 Right of withdrawal for non-perishable Products
Requests to exercise the right of withdrawal should be addressed to the Company's customer service department: (i) by email (to the address: email@example.com; (ii) by post (to the address: 15 rue Massenet - 77360 Vaires sur Marne (France)).
These requests must indicate: certain personal information of the Customer (surname; first name; telephone number; e-mail address); the name of the recipient of the order and its delivery address; the date and place where the request to exercise the right of withdrawal is made.
Requests made by email or by post can be made using the form provided for this purpose in the appendix hereto (Appendix 2).
The Products on which the right of withdrawal can be exercised, must be returned complete and in their original state (therefore not be damaged).
11.2 Legal guarantees of conformity and hidden defects
In accordance with the provisions of the Consumer Code applicable to consumer buyers, the Company is required to deliver a good that conforms to the description of the Product as displayed on the Site. Failing that,
the Customer may request a refund of the Product or its replacement.
The Customer can also decide to implement the guarantee against hidden defects of the object under the conditions of articles 1641 and following of the Civil Code.
In the event that the Customer exercises the legal guarantee of conformity or the guarantee against hidden defects, the Company will reimburse the Customer under the conditions provided for in Article 14 hereof or will replace the Product concerned.
If the Product requested by the Customer is a non-perishable Product, it must be returned to the Company in its original, new and unused packaging.
When the Product covered by the Customer's request is a perishable Product, said detailed request must be addressed to the Company's customer service department (at the following address: 15 rue Massenet - 77360 Vaires sur Marne (France)) and be accompanied by photographs; otherwise no refund or replacement will be granted by the Company.
In any event, the Customer shall only be entitled to a refund or replacement of the Product if the lack of conformity or hidden defect is proven and established by the Company, under the above conditions.
12.1 Customer's obligations
Prior to the validation of any order, the Customer undertakes to provide accurate and sincere information about himself.
Moreover, to place an order on the Site, the Customer must have legal capacity.
12.2 Obligations of the Company
The Company strives to provide on the Site information relating to the Products that is as reliable and qualitative as possible.
In addition, before any shipment of Product, the Company verifies its compliance with the Customer's order.
13- Exclusions of guarantees
No warranty, either legal or contractual, shall apply to any defects in the Products or their characteristics, or to any direct or indirect damage suffered by the Customer or third parties as a result of the abnormal use of the said Products that does not comply with the use for which they are normally intended.
In case of return of a Product, under the conditions provided for in Article 11.1 hereof, the Company shall only reimburse the Customer for the cost of said Product. In no case will the Company reimburse the Customer for costs related to transportation (delivery and return).
In case of return of a Product, under the conditions provided for in Article 11.2 hereof, the Company shall reimburse the Customer not only for the cost of the said Product, but also for the costs related to transportation (delivery and return).
In any case, the Company will not refund the Products or the delivery costs in case of bad faith on the part of the Customer.
15- Modification of the general conditions of sale
The General Terms and Conditions of Sale applicable are those in force on the date on which the order is validated by the Customer.
However, the Company may modify the present terms and conditions at any time, without prior notice, provided that it informs its Customers as soon as these modifications come into effect by email and/or by publishing the said modifications on the Website of which it is the publisher.
The Company will update the General Terms and Conditions of Sale by indicating the date of the last update in the upper right-hand corner of the present document.
16- Intellectual Property
All the elements contained on the Site owned and published by the Company are protected by the laws relating to intellectual property.
Thus, the Company shall have all right, title and interest, including all intellectual property rights, in and to the Site, as well as any ideas, suggestions, requests for improvements, comments, recommendations and other information that Customers and third parties may communicate regarding the Site.
In addition, the Company holds the rights of use on all the elements accessible on its Site, in particular the texts, images, graphics, logos, icons, sounds, software, etc. Consequently, any reproduction, representation, modification, publication, total or partial adaptation of the elements of the Site, by any means or process whatsoever, is forbidden, except with the express prior consent of the Company.
17- Personal data
In accordance with the French Law 78-17 of January 6, 1978, as amended by the laws of August 6, 2004 and June 20, 2018, the Company undertakes to process the personal data of its Customers, solely in order to perform its obligations in connection with the online sale of Products. In this respect, it is reminded that the personal data requested from the Customer is notably necessary to validate any Product order, as well as to establish invoices.
The Company also undertakes to guarantee the confidentiality of personal data processed in the course of performing its obligations.
Furthermore, as this data may be communicated to the Company's partners responsible for the execution, processing, management and payment of orders, the Company ensures that these partners present the same sufficient guarantees regarding the implementation of appropriate technical and organizational measures, so that the processing meets the requirements of the applicable regulations.
The Customer has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to the information concerning him.
The Customer may, subject to the production of valid proof of identity, exercise these rights by contacting the customer service department by registered mail with acknowledgement of receipt, at the address 15 rue Massenet - 77360 Vaires sur Marne (France).
If the Customer no longer wishes to receive the Company's news, solicitations (by telephone, SMS, postal mail or email) and invitations, he/she has the option of indicating this via the link reserved for this purpose, of modifying his/her choices by contacting the Company under the conditions mentioned above or, if necessary, by modifying the parameters of his/her online account.
Finally, the Customer is informed that he/she has the possibility to register on the opposition list to telephone canvassing (www.bloctel.gouv.fr/).
For any additional information or complaint, the Customer may contact the CNIL (www.cnil.fr).
The Company shall only be liable for direct damage caused by its fault, the proof of which must be provided by the Customer. The compensation for the damage suffered by the Customer shall not exceed the amount due by the Customer for the Products concerned.
19- Force majeure
In accordance with the provisions of Article 1218 of the Civil Code, in case of force majeure, the Company shall not be liable for any failure to perform its obligations.
More specifically, the Company shall not be held responsible for any delay or failure to deliver due to any cause beyond its control, including, but not limited to, inclement weather, natural disasters, strikes, traffic accidents, etc.
The fact that the Company does not avail itself, at a given time, of any of the provisions hereof, shall not be construed as a waiver by the Company of its right to avail itself of any of the said provisions at a later date.
20.2 Validity / Indivisibility
The invalidity, unenforceability, or more generally, the lack of effect of any of the stipulations of the General Conditions of Sale will not affect the other stipulations which will remain perfectly valid and binding.
21- Customer Service
The Company's customer service department can be reached:
- by phone, from Monday to Friday from 9am to 12pm and from 2pm to 5pm at 0665958522 ;
- by email to firstname.lastname@example.org ;
- by mail to the address 15 rue Massenet - 77360 Vaires sur Marne (France).
22- Amicable settlement of disputes
Customer's claims must be made to the Company's customer service department (contact information mentioned in Article 21 hereof).
Those concerning more particularly the quality of perishable Products must be made within a maximum of two days following their date of receipt by the recipient.
After having addressed a claim to the Company and in case of impossibility to find an amicable agreement, the consumer Customer is duly informed that he is entitled to resort to a mediation in accordance with the provisions of article L. 612-1 of the Consumer Code.
Whichever Party wishes to have recourse to mediation, it must first inform the other Party by registered letter with acknowledgement of receipt, specifying the reasons for the dispute.
The Company's mediator is CNPM MEDIATION DE LA CONSOMMATION (27 avenue de la libération - 42400 Saint-Chamond). He can be contacted directly by following the link below: www.cnpm-mediation-consommation.
In addition, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, the consumer Customer may also have recourse to the online dispute resolution platform accessible by following the link below: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&Ing=FR.)
23- Applicable law and jurisdiction
The General Conditions of Sale are subject to French law.
Any dispute relating to this agreement shall be brought before one of the courts having territorial jurisdiction under the Code of Civil Procedure.
The Customer may submit any dispute relating to this Agreement either to the courts of the place where the consumer resided at the time the Agreement was concluded or to the courts of the place where the harmful event occurred.
In any case, the Customer is duly informed that he is entitled to resort to mediation in accordance with the provisions of French Article L. 612-1 of the Consumer Code and Article 21 hereof.
24- French and foreign versions
The present General Conditions of Sale are written in French. In case of contradiction or misunderstanding, they will prevail over any other version that would be written in another language at the request of the User.