The Fleurs Martinaud team is happy to welcome you to its site!
You will find here our general conditions of sale and use, presenting all the provisions relating to orders and purchases made on this site.
These terms and conditions of sale are concluded between, on the one hand, the company Fleurs Martinaud, Personal affair artisan trader, whose head office is located at 1 RUE DE L'ANNONCIADE, 83990 SAINT-TROPEZ, registered in the Trade and Companies Register of Saint-Tropez under the number 423 245 513, hereinafter referred to as Fleurs Martinaud and on the other hand, any person (hereinafter referred to as "the Customer") wishing to make a purchase via the "Fleurs Martinaud" website hosted at the address "https://www.fleurs-martinaud.fr", hereinafter referred to as "the Site".
The parties agree that their relations will be governed exclusively by this contract. The company Fleurs Martinaud undertakes to respect all the provisions of the Consumer Code relating to distance selling. The confirmation of an order implies unreserved acceptance by the Customer of these General Conditions of Sale and Use (CGVU). Any contrary condition set by the Customer will therefore, in the absence of express acceptance, be unenforceable against the company Fleurs Martinaud, regardless of when it may have been brought to its attention.
The fact that the company Fleurs Martinaud does not avail itself at a given time of any condition of this contract cannot be interpreted as a waiver to avail itself later of any condition of the said contract.
The terms defined below shall have the following meaning between the parties:
“Bouquet”: refers to an assembly of flowers.
“Customer” or “Buyer”: designates the natural or legal person who buys the products from the Company.
“Order”: means the request for a Product by a Customer on the Website.
“Availability Confirmation”: refers to the email sent to the Customer to confirm the availability of the Order and the shipment of the Product.
“Product”: refers to the goods offered for sale on the Site and whose essential characteristics are described on the Site.
Article 1: object
These GTCSU aim to define the terms of sale between the company Fleurs Martinaud and the Customer, as well as the conditions applicable to any purchase made on and through the Site.
These GTCSU exclusively govern the sales of products offered on the Site. They are accessible at any time on the Site.
They apply to all the steps necessary for placing the order and monitoring this order between the contracting parties.
Article 2 - Products
The products offered are those listed in the catalog published on the Site. These products are offered within the limits of available stocks.
The photographs and texts illustrating the products are provided for information only and are not contractual.
The products offered comply with the French legislation in force and with the standards applicable in France and in the EU.
The company Fleurs Martinaud cannot however guarantee the total conformity of the products offered with the standards applicable in countries other than those of the EU.
Article 3 - Rates
The prices indicated on the Site are the only ones applicable. They include all the costs relating to the processing of the order, excluding participation in the costs of delivery or provision.
The prices are indicated in Euros (€) all taxes included (TTC). Any other currency will only be given as an indication. The prices including VAT take into account the VAT applicable on the day of the order.
The company Fleurs Martinaud reserves the right to modify its prices at any time, upwards or downwards. However, the prices cannot under any circumstances be modified once the Customer's order has been confirmed.
Promotional offers are only valid within the double limit of the period of validity of the offer concerned and available stocks. Special conditions of sale may be applied in the context of these promotional offers. In this case, they are set out in the description of the offer and prevail over these GTCSU.
Discount codes may be provided as part of these promotional offers or as a reward for the Customer's loyalty: they must be entered in the corresponding area of the "My basket" page, validated then confirmed at the time of the order to be taken into account. Discount codes that have not been entered in the appropriate area when placing the order cannot under any circumstances be applied retrospectively to the validated order.
Article 4 - Unavailability of the service
The Site and the services it offers are normally accessible 24 hours a day, 7 days a week. Orders are made on the Site. In the event of a technical problem or any other impossibility of ordering via the Internet, it is possible to order the products directly from the store. In the latter case, these GTCSU remain applicable.
Article 5 - Order, validation, product availability
If the Customer wishes, he can create a personal account by entering his last name, first name, e-mail address and a password of his choice, as secure as possible. This account will be strictly personal to him and will allow him to benefit from additional services and advantages.
An order can only be registered and validated on the Site if the Customer meets the following conditions:
Fill in the identification form on which he will indicate all the information necessary for an optimal delivery of the products,
Complete the online order form giving all the references of the chosen products,
Validate his order after having checked it,
Make the payment under the conditions provided,
The payment of the order by credit card is worth validation.
For orders by check, the order is considered firm and valid upon receipt of the Customer's check at the address indicated in the terms of payment.
Upon registration of the order, a detailed acknowledgment of receipt thereof will be sent by e-mail to the address indicated by the Customer when taking the order. We can in no way be held responsible in the event of an error in entering or transmitting an invalid address that does not allow the delivery of the said receipt.
The Customer accepts that our order registration systems serve as proof of the nature of the agreement and its date. All the data provided and the recorded payment will be worth proof of the transaction. The confirmation will be worth signing and acceptance of the operations carried out and the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned in article 11.
However, we reserve the right to cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order, or for any other legitimate reason relating in particular to the abnormal nature of the order.
The company Fleurs Martinaud undertakes to honor the orders received only within the limits of the available stocks of the products. If a product is not available, the company Fleurs Martinaud undertakes to inform the Customer as soon as possible and to indicate the waiting period for receipt of this product if it is in restocking. At the Customer's request, the order may be canceled in whole or in part (reimbursement by check within 15 days), or be subject to an exchange if the undelivered product could not be supplied within an acceptable period.
Article 6 - Payment of purchases
Payment for purchases on the Site is made exclusively in Euros.
The products remain the entire property of the company Fleurs Martinaud until full payment has been received.
A paper invoice, showing the VAT, will be sent to the Customer.
Means of payment accepted:
- By credit card :
Carte Bleue, Visa, Eurocard, Mastercard or e-credit card
Credit cards are accepted from all countries not subject to pro-forma.
Any payment made online when placing an order is completely secure and is made via XXXXX, the online payment portal of the XXXXX bank. The entire transaction is directed in encrypted mode to a bank validation server in SSL mode (Secure Socket Layer).
The card is generally debited 48 hours after the order date. The Customer is advised to print his order form at the time of confirmation.
- By bank check
To the order of the company Fleurs Martinaud. Bank checks are accepted if they are issued by a bank domiciled in metropolitan France, in the DOM-TOM or in Monaco.
The Customer must then print the order form, sign it and make a check payable to the company Fleurs Martinaud. The reference of the purchase order and the e-mail address of the Customer must be written on the back of the check.
For any payment made by check, the Customer's order will be taken into account but it will only be processed once the check has been received, validated and cashed by the company Fleurs Martinaud The cashing of the check is made upon receipt. All checks incomplete leads to its return to the Customer, thus delaying the processing of the order.
Furthermore, the company Fleurs Martinaud reserves the right to automatically cancel any order by check for which payment is not sent within 14 days of the order.
- By PayPal
PayPal, the undisputed leader in online payment, enables buyers and sellers to send and receive payments online.
PayPal helps protect your credit card information with the best systems on the market for security and fraud prevention. When you use PayPal, your financial information is never shared with the merchant.
- Wire Transfer :
Payment can be made by bank transfer. The order is considered effective only when the transfer has been received and cashed.
Furthermore, the company Fleurs Martinaud reserves the right to automatically cancel any order by bank transfer for which payment has not been received within 8 days of the order.
Article 7 - Delivery
Delivery can be made to the Gulf of Saint-Tropez, i.e. the municipalities of Saint-Tropez, Ramatuelle, Gassin, Marine de Gassin, Marine de Cogolin, for any other municipality, call us before for validation.
The Customer has the possibility, subject to informing us in advance, of coming to collect the order directly from our store.
The Customer has the choice of having it delivered to his home (billing address) or to another address of his choice (delivery address), the costs and delivery times being based on the delivery address. The products are delivered to the delivery address indicated when ordering. It is up to the Customer to provide us with exactly all the details necessary for the proper delivery of his order.
The Customer must refer to the “Delivery” page of the Site to find out about the shipping methods and costs. Participation in delivery costs varies according to the delivery municipality of the order.
Our sales and prices are ex works from our premises.
* Absence of the recipient
If the recipient is absent at the time of delivery, the deliverer will attempt to contact the recipient on the mobile or fixed telephone indicated by the Customer when ordering. Without an answer, the delivery person will identify the best solution to finish the delivery in the best conditions according to the deposit solution chosen by the customer (No door, building caretaker, etc.).
If none of the previous solutions could be found, the deliverer will return the product to the store. The Customer may either request a new delivery at his expense, or collect or have the Product collected at his expense at the store. The Company cannot be held responsible for the quality of the Product thus recovered.
The Purchaser may claim full reimbursement of the Order, to the exclusion of any other compensation or damages, for cases of late delivery exceeding five (5) hours from the end of the time slot chosen by the Customer, if the product has not been delivered for any reason other than a case of force majeure or because of the Customer or for an internet/telephone cut-off on the part of the Seller that does not allow him to be informed of the Order.
* Receipt of deliveries
Any delivery anomaly as well as any damage or loss of content must be the subject of written, precise and complete reservations, issued by the recipient at the time of delivery and dated and signed on the delivery note. In the absence of reservations expressed within the deadlines and conditions defined above, the delivery of the goods received by the Customer without any reservations expressed on the delivery note is equivalent to the express and unreserved acceptance of the waiver by the customer of any claim related to damage suffered during transport.
Article 8 - Deadlines
The company Fleurs Martinaud undertakes to deliver the products ordered as soon as possible. However, delivery times depend on available stocks and the destination of the order.
Article 9 – Right of withdrawal
* For any order of perishable products (flowers), in accordance with article L121-21-8 4° of the consumer code, the right of withdrawal cannot be exercised. This concerns floral products, which due to their perishable nature are excluded from the right of withdrawal.
* For any order of non-perishable products (containers), the consumer Customer has in principle the right to withdraw by returning the Product to the Seller.
For this, the Product must be returned without undue delay, and at the latest within 14 days following the communication of its decision to withdraw, unless the Seller offers to recover the Product itself.
The Product / container in its original packaging must be sent or returned to the following address
1, rue de l'Annonciade - 83990 Saint-Tropez
The Customer must imperatively accompany his package with the withdrawal form below:
I hereby notify the withdrawal of the contract relating to the order of the Products below:
- Order of: …………..
- Order number: …………..
- Client name : …………………….
- Customer's address: …………………………..
Signature of the Customer (if sent by post)
The Customer may return the product to us in its original packaging, in the condition in which he received it, under the following conditions: the package is returned unopened (damaged package and/or delivery refused): we refund the amount of the order and any shipping costs or we proceed to the reshipment of the goods at our expense (after return of the package), at the customer's request.
In the case of a request for reimbursement of a product that has been allocated free of charge or at lower cost on the occasion of a promotional offer granted to the Customer, it will be reimbursed according to the price paid by the Customer and not according to its commercial value.
Refunds of products will be made within 14 days, at the latest, from receipt of the withdrawal form and receipt of the products by the company Fleurs Martinaud
The refund will be made by the same means of payment as that used by the customer.
Article 10 - Security
The Site is subject to a security system: The company Fleurs Martinaud has adopted the SSL encryption process to protect the bank details of buyers when paying by credit card. Any secure payment corresponding to an order by credit card will be made exclusively by XXXXXX of the bank XXXXX with which the company Fleurs Martinaud has domiciled an account.
In all cases, the online supply of the bank card number and the final validation of the order will be worth proof of the entirety of the said order in accordance with the provisions of the law of March 13, 2000 and will be worth payment of the sums committed by the seizure of the products listed on the order form. This validation is worth signature and express acceptance of all the operations carried out on the Site.
However, in the event of fraudulent use of his bank card, the Customer is invited, as soon as this fraud is observed, to contact his bank.
Article 11 - Liability
The company Fleurs Martinaud reserves the right to correct, at any time and without notice, the content of the Site.
The company Fleurs Martinaud undertakes to describe with the greatest accuracy the products sold on the Site and to ensure, to the best of its ability, the updating of the information which is disseminated there.
The Products sold on the Website comply with the regulations in force in France.
The Products supplied by the company Fleurs Martinaud automatically benefit from:
• the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code, for Products that appear to be defective, spoiled or damaged or that do not correspond to the order.
• the legal guarantee against hidden defects provided for in articles 1641 and following of the Civil Code, resulting from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use.
Article 12 - Protection of personal data
The information requested from the Customer is necessary for the processing of his order and will be used exclusively by the internal services of the company Fleurs Martinaud.
The Customer's contact details will under no circumstances be transferred, sold or rented, other than to make the delivery or to respond to an order from the public authorities.
The Customer may expressly oppose the disclosure of his details by notifying us by mail. Similarly, the Customer has a right to access and rectify data concerning him, in accordance with the law of January 6, 1978, which he can exercise by contacting the company Fleurs Martinaud directly.
Article 13- Applicable texts, jurisdiction, completeness
The language of this contract is French.
These online GTCSU are subject to French law.
If a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and compliance with these GTCSU.
Consumer mediation device
The use of a mediator is possible and desirable in the event of litigation, before considering legal action.
It is recalled that mediation is free for the consumer.
The Customer is informed that he may in any case resort to conventional mediation, in particular with the Consumer Mediation Commission, in accordance with Article L. 612-1 of the Consumer Code, or with the existing sectoral mediation body, the references of which are given below:
11 place Dauphine
Regulation (EU) No. 524/2013 on “Online consumer dispute resolution”
Contact details :
1, rue de l'Annonciade - 83990 Saint-Tropez - +33 (0)4 94 97 29 46 - email@example.com
Manager: J. Seckler