Article 1 - Scope of the general terms and conditions of sale
The present general terms and conditions of sale apply by operation of law to any sale concluded between, on the one hand, the persons making a purchase via the https://ateliermaisho.fr website, hereinafter referred to as "the buyer" and, on the other hand, ATELIER MAISHO, hereinafter referred to as "the seller", as well as and any person referred to as " " if different from the seller.
Any order implies unreserved acceptance of these general terms and conditions of sale, which take precedence over all other conditions, with the exception of those expressly accepted by the Seller.
The Vendor's failure to invoke these general terms and conditions of sale shall not be construed as a waiver thereof.
If one or more of the stipulations herein are declared invalid by virtue of a law, a regulation or following a final decision by a competent court, the other stipulations shall retain all their force and their scope.
Article 2 - Ordering
2.1 - Legal capacity
Any order, to be valid, must be contracted by a person of age and fully capable of contracting.
2.2 - Ordering
2.2.1 - On-line purchasing
The Buyer places an order via the https://ateliermaisho.fr website.
The customer can select one or more products of his or her choice available on the website. These products are immediately added to the shopping basket.
The Buyer will have the temporary option of going to his basket and confirming his order by paying the full price requested.
If too much time elapses between placing products in the shopping cart and payment, the shopping cart will be automatically emptied and ATELIER MAISHO cannot be held responsible if the products are no longer available in the meantime.
All orders received by the Vendor and paid for in full are considered firm and definitive.
2.2.2 - Subscription
The customer also has the option of taking out a floral subscription, the duration and frequency of which are agreed with ATELIER MAISHO and set out in the order form. the pricing conditions and the renewal conditions for each subscription offer are agreed with ATELIER MAISHO and set out in the order form.
It is the Customer's responsibility to check that the subscription complies with his choices, in particular concerning the details of the Recipient, if different from the Customer, and the place of delivery.
The price of the subscription order is that indicated on the order form and includes all taxes and delivery charges.
At the end of the subscription period, ATELIER MAISHO will contact the customer for possible renewal of the offer. In case of refusal or lack of response, the subscription will be terminated. Consequently, should the Customer wish to re-subscribe, he/she must contact ATELIER MAISHO again.
In the event of renewal of the subscription, this will take place under the new pricing conditions and the new conditions of duration and periodicity agreed between the Parties.
Out of stock
In the event of a stock shortage, ATELIER MAISHO will contact the purchaser in order to agree together: either to deliver a product offering identical characteristics in size and quality to the product initially ordered by the Purchaser; or to cancel the order.
Article 3 - Delivery
3.1 - Place of delivery
Delivery can be made by hand to the ATELIER MAISHO boutique at 59 rue de Villiers, 92200 NEUILLY SUR SEINE or anywhere in the Paris region.
The Buyer is informed and accepts that delivery cannot be made at a predetermined time, but ATELIER MAISHO will do its utmost to respect the times requested.
Except in the case of special conditions specific to the sale, delivery will be made to the address indicated by .
Thus, the Buyer is solely responsible for the information communicated at the time of ordering.
In the event of an error and after dispatch, ATELIER MAISHO will no longer be able to consider the modification and will not be held responsible for the impossibility of delivering the product.
The price paid cannot be refunded except in the event of withdrawal under the conditions set out in article 5.
3.2 - Delivery time
For online purchases, the delivery time will vary according to the distance involved:
- For all orders to be delivered within a 20 km radius of the ATELIER MAISHO boutique, i.e. 59 rue de
Villiers, 92200 NEUILLY SUR SEINE, same-day delivery may be made.
However, in the event that the product cannot be delivered on the day in question for reasons beyond the control of , the latter may not be held responsible; - For orders beyond a radius of 20 km, delivery will be made as soon as possible, from of confirmation of the recipient's availability.
For Subscriptions, it is up to the customer to determine the exact date of the first delivery. The date of subsequent deliveries will be defined by default according to the first delivery and the Subscription frequency selected.
However, the customer may request a change to the delivery date up to 48 hours before the desired date by contacting ATELIER MAISHO.
In any event, this period will begin to run from the time an order is duly placed and may vary, particularly in the case of major holidays (Valentine's Day, Grandmother's Day, Mother's Day, May 1st, etc.).
3.3 - Order delivery terms :
The costs and risks associated with the delivery of products are the sole responsibility of the Seller.
Orders are delivered only after confirmation of the availability of the Recipient, or of the Purchaser if the Recipient, at a date and time specified by the latter. In the event that the Recipient is not available, ATELIER MAISHO will inform the Purchaser of this unavailability and provide for a postponement of the delivery date, or a refund.
The Vendor never specifies the contents of the delivery to the Recipient in order to maintain the element of surprise if the Purchaser so wishes.
Each order will be delivered against the handwritten signature of the Consignee or any other person present at the address .
If the Recipient is absent at the agreed time of delivery, the delivery person may leave the parcel in front of the door, taking a photograph of the deposit and after express acceptance by the Recipient.
If delivery is to be made to a company or hospital environment, the Purchaser must ensure, before placing the order, that it can be carried out
without difficulty. Therefore, and only in the event that the Buyer confirms that there are no difficulties, delivery may be made .
In any event, and in order to carry out the delivery, the Recipient accepts that his/her telephone number and address be used by the service provider ensuring the delivery.
Once delivery has been made, the risks of the products are transferred to the Buyer.
Article 4 - Prices
4.1 - Prices
Except for subscriptions, the prices of products sold are those shown in the price catalog on the day of the order .
These prices are, at this date, firm and definitive.
They are expressed in legal tender and stipulated inclusive of all taxes and packaging. Delivery charges are also indicated in addition to the order price.
Customers who have opted for a Subscription must pay a prepayment determined by ATELIER MAISHO, then the balance due on request by ATELIER MAISHO.
4.2 - Terms of payment
Unless otherwise expressly stipulated in the special terms and conditions, payment of the price must be made in cash when the order is placed.
No order will be taken into account unless full payment has been received by this date. An invoice will be sent to on request.
4.3 - Payment security
ATELIER MAISHO offers secure online payment by credit or debit card through its partner STRIPE, a secure online payment platform.
Article 5 - Right of withdrawal
In accordance with article L221-18 of the French Consumer Code, no right of withdrawal may be exercised for any perishable product.
Or perishable product, the Buyer will benefit from a withdrawal period of 14 days from receipt of his products or subscription to exercise his right of withdrawal. In this case, the customer must return the products within 14 days of exercising his right of withdrawal, at his own expense and in good condition, so that they can be marketed as new.
Article 6 - Warranty
6.1 - Commercial warranty
ATELIER MAISHO undertakes to execute and deliver the product in accordance with the Buyer's order, subject to the specificities due to the floral transmission and perishable nature of the products sold.
The Vendor reminds all his florists of their obligation to faithfully translate the Buyer's request, taking into account supplies, prices, season and local customs and practices.
Nevertheless, the Vendor cannot be held responsible for any failure to comply with the instructions for preserving cut flowers or plants.
6.2 - Legal warranty
The foregoing provisions are not exclusive of the application of the legal warranty of conformity provided for in the French Consumer Code and the legal warranty for hidden defects provided for in articles 1641 et seq. of the French Civil Code , in accordance with the provisions of article L. 217-21 of the French Consumer Code.
The customer may exercise these guarantees if he finds a lack of conformity or defect in the product purchased or if it does not correspond to his order by sending his request to :
- ATELIER MAISHO, to all florists by telephone on 01 47 57 89 55 or by post to 59 rue de Villiers, 92200 NEUILLY SUR SEINE;
- Or by filling in the contact form on our website https://ateliermaisho.fr.
The Vendor points out that the Purchaser has a period of two years from receipt of the product in which to take action, that he may choose between repair or replacement of the product as provided for in articles L217-9 et seq. of the French Consumer Code, and that he is exempt from proving the existence of the lack of conformity of the product during the 24 months following receipt of the product.
Article 7 - Personal data
ATELIER MAISHO undertakes to comply with the French Data Protection Act n°78-17 of January 6, 1978 relating to information technology, files and freedoms, amended by European Regulation 2016/679 of April 27, 2016 relating to the protection of personal data (RGPD).
Thus, by placing an order, the Buyer accepts the collection and use of his/her personal data as described in the data protection charter.
These personal data are as follows:
- Identification data: Customer surname, first name
- Contact data: postal address, email, telephone number
- Economic and financial data: means of payment, payment history
- This data is used strictly for the following purposes:
- Preventing and combating computer fraud ;
- Conduct communication campaigns;
- To enable browsing on the Site and the management and traceability of services consulted by the user ;
- To identify you and manage your orders and deliveries;
- Adapted communication ;
- Product improvement ;
- To improve navigation on the Site;
- Send newsletter ;
- Conduct optional satisfaction surveys at https://ateliermaisho.fr.
Customers have the right to access, rectify, limit, delete and oppose the processing of their personal data. They may give instructions concerning the fate of their personal data after their death. Customers have the right to lodge a complaint with the CNIL. They may also exercise their rights by contacting the data protection delegate at ateliermaisho@gmail.com.
Nevertheless, he remains solely responsible for maintaining the confidentiality of his account and password to his account and shall take all measures to this end.
Article 8 - Amicable settlement of disputes
8.1 - Complaints :
If the Buyer is dissatisfied with the order received, he must express his criticism in writing, and if possible with a photo, within 48 working hours to the following email address: ateliermaisho@gmail.com. The Buyer must, however, receive the product for proof, and then express his/her criticism within 48 hours.
If the complaint concerns any other problem not related to the product, such as delivery, a period of 10 working days after the delivery date is allowed to express dissatisfaction.
After this time, no claims will be accepted.
8.2 - Mediation :
Under article L. 612-1 of the French Consumer Code , "All consumers have the right to have recourse, free of charge, to a consumer mediator with a view to the amicable settlement of a dispute between them and a professional."
Disputes falling within the scope of article L. 612-1 of the French Consumer Code are those defined in article L. 611-1 of the French Consumer Code, i.e. disputes of a contractual nature, concerning the performance of a contract for the sale or supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.
If you have any difficulties, please contact us beforehand at the following email address: ateliermaisho@gmail.com.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up a Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https: //webgate.ec.europa.eu/odr/.
You may be assisted by a legal advisor at your own expense.
Article 9 - Applicable law and jurisdiction
These terms and conditions of sale shall be governed by French law.
Any dispute arising from the formation, interpretation or performance of this Contract shall be subject to the exclusive jurisdiction of the courts of the jurisdiction of Nanterre, notwithstanding multiple defendants or third-party claims.
