The online shop of the site "www.myflowercutters.com" was set up by the company "Gateaux sur Mesure", which is the operator of this site. Any order of a product appearing in the online store of the website "www.myflowercutters.com" requires prior consultation of these terms and conditions. Consequently, the consumer acknowledges being perfectly informed that his agreement concerning the content of these terms and conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the context of the shop of the website. The consumer has the ability to save or edit these terms and conditions, it being specified that both the backup and editing of this document are the sole responsibility of the consumer.
The online store set up by the company "Gateaux sur Mesure" as part of the website mentions the following information:
1. Legal notice allowing precise identification of the company "Gateaux sur Mesure"
2. Presentation of the essential characteristics of the proposed properties
3. Indication, in Euros, of the price of goods and, if applicable, delivery charges
4. Indication of the terms of payment, delivery, or execution
5. The existence of a right of withdrawal
6. The period of validity of the offer or the price
7. Conditions for termination of the contract when the contract is for an indefinite period or for a duration of more than one year
8. All this information is presented in English. The consumer declares to have the full legal capacity to engage under these terms and conditions
Article 1: Integrality
These general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept unconditionally all the provisions of these terms and conditions.
No general or specific condition contained in the documents sent or delivered by the consumer will be able to be integrated into the present ones, since these documents would be incompatible with these general conditions.
Article 2: Purpose
These terms and conditions are intended to define the rights and obligations of the parties in connection with the online sale of goods and services offered by the company "Gateaux sur Mesure" to the consumer.
Article 3: Contractual Documents
This contract is formed by the following contractual documents, presented in descending hierarchical order: the present general conditions; the purchase order. In case of contradiction between the provisions contained in the documents of different rank, the provisions of the document of higher rank will prevail.
Article 4: Entry into force - duration
These terms and conditions come into force on the date of signing the order form. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the expiry of the guarantees due by the company "Gateaux sur Mesure".
Article 5: Electronic Signature
The "double click" of the consumer under the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6: Order Confirmation
The contractual information will be confirmed by e-mail at the latest at the time of delivery or failing that, to the address indicated by the consumer in the order form.
Article 7: Proof of the transaction
The computerized registers, preserved in the computer systems of the company "Gateaux sur Mesure" under reasonable conditions of safety, will be considered as the proof of communications, orders and payments intervened between the parts. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.
Article 8: Product Information
8-a : The company "Gateaux sur Mesure" presents on its website products for sale with the necessary characteristics that allow to comply with Article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer of know before the final order taking the essential characteristics of the products he wants to buy.
8-b : The offers presented by the company "Gateaux sur Mesure" are valid only within the limits of available stocks.
Article 9: Price
Prices are quoted in euros and are valid only on the date of sending the order form by the consumer. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take account of the VAT applicable on the day of the order and any change of the applicable VAT rate will be automatically reflected on the price of the products of the online shop. Payment of the full price must be made when ordering. At no time, the sums paid can not be considered as a deposit or installments.
Article 10: Method of payment
To pay for his order, the consumer has, at his choice, all the payment methods referred to in the order form. The consumer guarantees the company "Gateaux sur Mesure" that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The company "Gateaux sur Mesure" reserves the right to suspend any order management and any delivery in case of refusal of authorization for payment by credit card from officially accredited bodies or in case of non-payment. The company "Gateaux sur Mesure" reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully paid or a previous order or with whom a payment dispute would be under administration. The company "Gateaux sur Mesure" has put in place an order verification process to ensure that no one is using another person's banking details without their knowledge. As part of this verification, the customer will be asked to send by email to the company "Gateaux sur Mesure" a copy of a piece of identification and a proof of address.
The order will be validated only after receipt and verification by our services of the parts sent.
Article 11 : Disponibilité des produits Article 11: Availability of products
La commande sera exécutée au plus tard dans un délai de 3 jours à compter du jour suivant celui où le consommateur a passé sa commande. The order will be executed no later than 3 days from the day following the day the consumer placed his order. En cas d'indisponibilité du produit commandé, notamment du fait de nos fournisseurs, le consommateur en sera informé au plus tôt et aura la possibilité d'annuler sa commande. In case of unavailability of the ordered product, especially because of our suppliers, the consumer will be informed at the earliest and will have the opportunity to cancel his order. Le consommateur aura alors le choix de demander soit le remboursement des sommes versées dans les 30 jours au plus tard de leur versement, soit l'échange du produit. The consumer will then have the choice to request either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 12: Terms of delivery
The products are delivered to the address indicated by the consumer on the order form. The consumer is required to check the condition of the packaging of the goods on delivery and report the damage from the carrier on the delivery order, as well as the company "Gateaux sur Mesure", within a period of one week.
Article 13: Delivery problems due to the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the signature of the customer. The consumer will also confirm this anomaly by sending the carrier within two (2) business days of the date of delivery a registered letter with acknowledgment of receipt exposing the said claims. The consumer must send a copy of this letter by fax or by simple mail to: Gateaux sur Mesure, Customer Service, 88 rue du Mont Cenis 75018 Paris, France.
Article 14: Delivery Errors
14-a : The consumer will have to formulate with the company Gateaux sur Mesure the same day of the delivery or at the latest the first working day following the delivery, any claim of error of delivery and / or nonconformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this time will be rejected.
14-b : The formulation of this claim to the company "Gateaux sur Mesure" can be made by logging on our site in the "follow your order" where, after entering your customer number, you can ask us question through the menu contact us by specifying the reference of the order.
14-c : Any claim not made in the rules defined above and within the time limits can not be taken into account and will release the company "Gateaux sur Mesure" any liability towards the consumer.
14-d : Upon receipt of the complaint, the company "Gateaux sur Mesure" will allocate an exchange number of the product (s) concerned (s) and will communicate by e-mail or telephone to the consumer. The exchange of a product can take place only after the allocation to the consumer of an exchange number according to the approach presented above.
14-e : In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the company "Gateaux sur Mesure" as a whole and in its original packaging, Colissimo Recommended, to the following address: Gateaux sur Mesure Return service, 88 rue du Mont Cenis 75018 Paris, France. To be accepted, any return must be reported in advance to the customer service of the company "Gateaux sur Mesure". Shipping costs are the responsibility of the company "Gateaux sur Mesure", except in the event that it turns out that the product does not match the original declaration made by the consumer in the right of return.
Article 15: Right of withdrawal
The consumer has a period of 10 working days to return, at its expense, the products do not suit him. This period runs from the day of the delivery of the consumer's order. If this period expires on a Saturday, a Sunday or a holiday or holiday, it is extended until the next working day. All returns must be reported in advance to the Customer Service of the company "Gateaux sur Mesure" by logging on our site in the "follow your order" or, after entering your customer number, you can get your order number. The product must be returned by registered mail, Assuming the exercise of the right of withdrawal, the consumer has the choice to request either the reimbursement of sums paid or the exchange of the product. In the case of an exchange, the return will be at the expense of the consumer. In case of exercise of the right of retraction, the company "Gateaux sur Mesure" will make every effort to refund the consumer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, especially when the product needs a technical verification (see products to be tested beforehand). The consumer will then be reimbursed by crediting his bank account (secure transaction) in case of payment by credit card, or by check in other cases.
Article 16: Computing and Liberties
The information requested from the consumer is necessary for the processing of his order and may be communicated to the contractual partners of the company "Gateaux sur Mesure" involved in the execution of this order. The consumer can write to the company "Gateaux sur Mesure" whose contact details are in the confidentiality charter contained in the website, to oppose such communication, or to exercise his rights of access, to rectification with regard to the information concerning him and contained in the files of the company "Gateaux sur Mesure", under the conditions provided by the law of January 6, 1978.