Terms and Conditions
These conditions of sale are concluded by the website: MAISON-FIORI.COM
And on the other hand,
By any natural or legal person wishing to make a purchase via the MAISON-FIORI.COM website
All terms and conditions and legal notices on the MAISON-FIORI.COM website are written in French. In the event of translation, only the French language versions will be applicable; contracts may only be concluded in French. Furthermore, if one or more of the provisions of these general terms and conditions are held to be invalid, the other provisions will remain in full force and effect.
Article 1 – Purpose
These terms and conditions aim to define your contractual relationship with MAISON-FIORI.COM as well as the conditions applicable to any purchase made through the MAISON-FIORI.COM merchant site, whether you are a professional or a consumer.
The acquisition of a good or service through this site implies that you accept without reservation the present conditions of sale. These conditions of sale will prevail over any other general or specific conditions not expressly agreed to by MAISON-FIORI.COM. The latter reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of your order.
Article 2 – Characteristics of the products offered
Article 2.1 – Products
The products are those listed on the MAISON-FIORI.COM website.
The photographs on the MAISON-FIORI.COM website are as accurate as possible but cannot guarantee a perfect resemblance to the product delivered; the floral products that may be ordered depend on the seasons and the artistic personality of each artisan florist, as well as their available stock. In the event of an availability problem, we reserve the right to substitute a product with another of equivalent value and quality without notice.
However, we undertake to make our best efforts, as an obligation of means and as far as possible, to ensure that the floral product delivered resembles as closely as possible the photograph of the chosen floral product, in particular with regard to the shape, the dominant color and the dominant flowers, and while respecting the price formula that you have chosen.
For vases and containers, if the item is unavailable, it will be replaced by an equivalent of the same or higher value. In the event of a stock shortage, you will be informed and can be reimbursed within thirty days of payment of the sums paid.
Article 2.2 – Personal messages
You can also choose to attach a personal message to your floral product. You just need to write this message in the space provided when placing your order. However, as a third party, we reserve the right not to
attach messages containing racist, defamatory, obscene, vulgar or abusive comments.
Article 3 – Price
The prices listed on the MAISON-FIORI.COM website are inclusive of all taxes.
included) in euros taking into account the VAT applicable on the day of your order; any change in the rate may be reflected in the price of the products. We reserve the right to modify these prices at any time, it being understood, however, that the price appearing in the catalog on the day of your order will be the only one applicable to you. The prices indicated
on the MAISON-FIORI.COM website include order processing fees at most
late before confirming the latter.
In no case do the prices take into account the cost of communication to access MAISON-FIORI.COM, which is exclusively your responsibility.
Article 4 – Geographical area
Online sales of our products are reserved for all buyers who wish to have their products delivered to anyone residing in Nice and its surrounding areas, or for collection in store at 32 rue Catherine Segurane. The locations available for delivery are confirmed at the end of the order.
Regarding the online sale of our “timeless cases”, shipping will only be possible within mainland France via the Colissimo service.
Article 5 – Order
To place an order, you will need to go through the following steps:
Complete the identification form on which you will indicate all the contact details
requested; please be specific and complete in your contact details or in
those of the person to whom you are sending your order (name, address, telephone number but also digital code, floor, etc.); Complete the online order form, giving all the product references
chosen; Validate your choice of products;
Learn about delivery costs; Make payment under the conditions provided; Confirm your order and payment.
Confirmation of the order implies acceptance of these conditions of sale, acknowledgment of having full knowledge of them and waiver of the right to rely on your own conditions of purchase or other conditions. All data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will constitute signature and acceptance of the operations carried out. We will send you confirmation of the recorded order by email.
The conclusion of the sales contract will only occur if the order is accepted. Indeed, we reserve the right not to record a payment and therefore not to confirm an order, in particular for the following reasons: problem concerning the order received (abnormal, illegible), delivery requested outside the area
expected, previous invoice unpaid…
As a customer, you are responsible for your order; the information provided is binding once the order has been placed. If there is an error in the wording, we will not be able to fulfill your order (see also Article 8 - Delivery).
Article 6 – Modification or cancellation of the order
You can change the delivery information or cancel your order before it is prepared: simply send your request to our customer service by email at: contact@maison-fiori.com or by phone at 04 97 12 08 77
However, once the preparation of the order has begun, any modification or cancellation of your order will be impossible.
Article 7 – Payment
The price is due upon ordering.
Payments will be made by credit card (Visa, Mastercard or American Express); they will be made through the secure SystemPay system which uses the SSL (Secure SHOPPING) protocol so that the information transmitted is encrypted by software and no third party can read it during transport over the network. We do not have access to your bank details at any time. At your request, you will be sent an invoice.
Article 8 – Delivery
Deliveries are made to the address indicated in the order form which cannot be
only in the agreed geographical area. We decline all responsibility in the event
error in the recipient's contact details resulting in the impossibility of following up on your order.
Article 8.1 – Delivery times
Delivery is available from 10 a.m. to 7 p.m., Tuesday through Saturday (no delivery on Sundays and varies on public holidays). Orders must be placed no later than the day before delivery.
The delivery price varies depending on the delivery area. You can also pick up your order in store yourself.
Regarding vases, containers, accessories, etc., the maximum delivery time is thirty days. However, subject to available stocks, we will do our best to hand over your package to Colissimo the day after you place your order. Colissimo is committed to delivering to you within two working days (Monday to Saturday) for shipments in mainland France and Monaco. To find out the prices for a Colissimo delivery, you are invited to visit the following web page: See Colissimo prices .
In the event of the delivery deadline being exceeded by more than seven days (except in the case of force majeure),
you can cancel the order by sending us a registered letter
with acknowledgment of receipt. You have sixty working days to do so from the deadline indicated for delivery of the goods. You will then be reimbursed for all amounts paid within thirty days.
The contract is, where applicable, considered terminated upon receipt by our company of the letter by which you inform us of your decision, but only if delivery has not taken place between the sending and receipt of this letter.
Article 8.2 – Holidays or periods
During holidays or periods such as Valentine's Day, Grandmother's Day, New Year's Eve, Mother's Day, etc., we cannot guarantee that delivery will take place within the chosen time slot.
By placing an order with MAISON-FIORI.COM, you agree that your order can be delivered at any time of day. If this is the case, we will notify you if we are unable to deliver at the requested time.
Article 8.3 – Delivery to a public place
Special delivery conditions apply to certain locations such as hotels, hospitals, and offices. In these cases, the signature of the person authorized to receive the delivery (receptionist, staff, etc.) will be accepted as proof of delivery, which will be considered complete.
Some establishments, such as hospitals, refuse flower deliveries. We ask that you ensure that the establishment accepts flower deliveries. If the order is refused by reception or the staff room, we will not be required to issue a refund.
Article 8.4 – Force majeure
We shall not be liable if the execution of the contract is delayed or
prevented due to events beyond our control such as war, riot, fire, strikes, accidents, climatic incidents imposing traffic restrictions and the impossibility of being supplied.
Article 8.5 – Absence or refusal of the recipient
We promise to call the recipient shortly before delivery to ensure they are present. If you do not want the recipient to be called, please make sure to
specify in the comments of your order. In this case, it will be your
responsibility to ensure that the recipient is present at the time of delivery. If the recipient is unavailable, we will not be required to issue a refund or exchange. If the recipient is not present at the delivery address, please send a message by text, SMS, or email
will invite him to come to the store located at 32 rue Catherine Ségurane to take
possession of the products made for him. Delivery will then be deemed to have been made.
If the recipient fails to arrive at the store to pick up the floral product, you will not be entitled to a refund or exchange. The same applies if the recipient arrives at the store after the floral product's shelf life has expired.
In the event of refusal by the recipient to take possession of the floral product, delivery will be
deemed to have been completed and you will not be entitled to any refund or exchange.
Article 8.6 – Non-receipt of products by the recipient
We undertake to inform you by email in the event of refusal of the products by the recipient, in the event of an incorrect or incomplete address preventing delivery or in the event of delivery of a calling card to the absent recipient. We draw your attention to the fact that, even in these cases, the delivery will be considered as made.
Article 8.7 – Delivery Accidents
In the event that an incident occurs during delivery (except in cases of force majeure),
making it impossible, in accordance with Article 1138 of the Civil Code, the damaged product will be replaced at our own expense. However, we cannot be held liable if the non-performance or poor performance of the contract is attributable to you or is attributable to the unforeseeable and insurmountable act of a person outside the contract (service providers are not considered as such) or to a case of force majeure.
Article 9 – Guarantee
All products supplied by the seller benefit from the legal guarantee provided for in articles 1641 et seq. of the Civil Code.
Article 10 – Withdrawal, complaint and reimbursement
Article 10.1 – Withdrawal
As fresh flowers are rapidly perishable goods, a right of withdrawal is not possible for them in accordance with article L121-20-2 of the French Code of
Consumption. However, for potted plants, as well as vases, containers, accessories, etc., you have a seven-day right of withdrawal from the date of delivery. The product must be returned in perfect condition and in its original packaging. If you decide to exercise this right, you must send us a registered letter. The refund will then be full and will include all amounts paid, including delivery costs in accordance with the Châtel law of January 3, 2008.
The refund will be made no later than thirty days following the date on which your right of withdrawal was exercised. The return costs will be at your expense unless a product in your order has been substituted for another due to availability issues. In this case, these costs will be at our expense. However, to benefit from the
Right of withdrawal: the product must be returned in perfect condition and in its original packaging. If this is not the case, we will not be liable for any compensation.
Article 10.2 – Complaint
For bouquets of fresh flowers, plants and timeless products under a bell jar of dried flowers in the event of a complaint, we invite you to send us a
photograph of the product within two days of the estimated indicative delivery date so that we can note its defect. The product will then be exchanged or refunded, excluding any other compensation or damages. The exchange or
Reimbursement is excluded when the floral products could not be delivered to the recipient on the initially planned delivery date.
For vases, containers, accessories, etc., complaints must be made within three days of the estimated delivery date and be accompanied by a photograph. Once the defect is discovered, the product will be exchanged or refunded. Under no circumstances can there be any compensation.
Article 10.3 – Reimbursement
Reimbursement of the order will only be possible in the event of withdrawal,
complaint or in the event of an error in the order or delivery attributable to our service.
Any reimbursement will be made within a maximum of thirty days following the
withdrawal, complaint or awareness of the error. All complaints, requests for exchange or refund must be made by post or by email: contact@maison-fiori.com
Article 11 – Termination for contractual fault of the customer
In the event of non-compliance with these general terms and conditions of sale, we reserve the right, without any compensation or notice, to suspend or close the user's account and to refuse them future access to all or part of the service, without prejudice to the various common law tort or contractual actions that may be open to them.
Article 12 – Liability
In the online sales process, we can only be bound by an obligation of means; our liability cannot be incurred for damage resulting from
use of the Internet network such as loss of data, intrusion, viruses, interruption of service, or other involuntary problems.
However, in the event of incorrect information on the MAISON-FIORI.COM website, we
We will make every effort to correct them and will notify the affected customers as soon as we become aware of the errors. We also reserve the right to close the MAISON-FIORI.COM website without notice.
Article 13 – Protection of personal data
The collection and computerized processing of personal data by MAISON-FIORI.COM are strictly subject to the law of January 6, 1978 relating to information technology, files and freedoms. The information collected as part of an order placed on the MAISON-FIORI.COM website will be used exclusively for tracking your order and for delivery
or for quality control purposes. They will also be used, if you wish, to send you our newsletter. This information will under no circumstances be passed on to third parties.
In accordance with Article 34 of the French Data Protection Act of 6 January 1978, you have the right to access, modify, rectify, and delete your personal data. You can exercise this right either via the MAISON-FIORI.COM website or by contacting us by email at the following address: contact@maison-fiori.com
Article 14 – Intellectual property
The MAISON-FIORI.COM website, its composition, the texts, images and videos presented
are protected under intellectual property law and its related rights. Their reproduction, downloading, copying or representation, even partial, is prohibited.
Article 15 – Proof
We will archive purchase orders and invoices on a reliable and durable medium
constituting a faithful copy. Our computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties in accordance with the provisions of Article 1316-1 of the Civil Code. If you wish to access archived contracts concerning you, you can contact us by email at the following address: contact@maison-fiori.com
Article 16 – Dispute
These online sales conditions are subject to French law. In the event of a dispute, jurisdiction is assigned to the competent courts of Nice, notwithstanding multiple defendants or third-party claims. However, in the event of a dispute, you are invited to inform us by contacting us by email at the following address: contact@maison-fiori.com as a priority in order to attempt to find an amicable solution.