General terms and conditions of use (GTCU)

Article 1 - Preamble

The purpose of these General Conditions of Use (hereinafter "GCU") is to define the conditions of access to and use of the Website by a User.

This website is published and operated by OVH.

Article 2 - Definitions

In these Terms of Use, words or expressions beginning with a capital letter have the following meaning :

• Site: this website, accessible at the following address: https: //ateliermaisho.fr/;
• CGU: general conditions of use,
• User: any person who visits one or more pages of the Site.

Article 3 - Accessibility

3.1 - To the Website :

The Website is accessible free of charge by any User with Internet access. This access is permitted from any computer equipment (such as computers, telephones, tablets, software, means of telecommunication ...) as well as its access to the Internet.

The User is hereby informed that the cost of accessing and browsing the Website is borne exclusively by the User. He is therefore solely responsible for the proper operation of his computer equipment.

The User acknowledges that the characteristics and constraints of the Internet network make it impossible to guarantee the availability and proper operation of the Site. Consequently, ATELIER MAISHO does not guarantee that will operate without interruption or error.

In this respect, it is specified that :

• The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the control of ATELIER MAISHO ;
• ATELIER MAISHO may temporarily interrupt access to all or part of the Site, to all or part of Users, for maintenance purposes aimed at ensuring the proper operation of the Site, without prior notice and without this interruption giving rise to any right to compensation for the User.

The User waives the right to hold ATELIER MAISHO liable for any interruptions to service or disruptions to its operation.

3.2 - The service offered by ATELIER MAISHO:

To use the Service, the User visits the https://ateliermaisho.fr/ website via his/her Internet browser . They add an available product to their basket and proceed to payment by entering the mandatory information indicated on the form: surname, first name, delivery address, e-mail address, cell phone number and bank details.

1. By registering, the User accepts these GCU.
2. It is the User's responsibility to ensure that their delivery address, email address and telephone number are valid.
3. Notices sent by e-mail by the Site platform shall be deemed to have been delivered and received on the date of transmission of the e-mail.
4. Notifications sent by SMS from the Site platform will be deemed to have been delivered and received on the date on which the SMS was transmitted.
5. The User agrees to receive individualized communications by e-mail from relating to his/her order, such as confirmation, cancellation or request for advice.
6. The User agrees to receive individualized communications by SMS from the Company and relating to his/her order, such as confirmation, cancellation or notification information.
7. The User agrees that this information may be used for statistical analysis by .
8. For orders involving prepayment by bank transfer, the prices of the options chosen, in accordance with article L. 112-1 of the French Consumer Code, are indicated in euros, all taxes included. The total amount payable by is indicated on the order confirmation page. The sale price of services is that in force on the day the order is placed. The Company reserves the right to modify prices at any time, while guaranteeing the User the application of the price in force on the day of the order. An invoice will be sent by the Company to the User.

Article 4 - Purpose of this Site

The company ATELIER MAISHO provides Users with an online ordering service, for delivery or for in-store availability, of floral bouquets and plants, including terrariums.

Subscription services are also available for private and corporate customers, for landscaping interiors and maintaining plants on terraces and balconies.

Article 5 - Purpose of the GCU

The GCU govern access to and use of the Site.

ATELIER MAISHO reserves the right to modify the GTU at any time by publishing a new version of these on the Site.

These modifications will come into force as soon as they are posted on the Site and will therefore be enforceable against any User from that moment.

The User has the option of saving, editing and printing these GCU.

Article 6 - Acceptance of the GCU

The User may only benefit from the services offered by the Site subject to consultation, understanding and acceptance of these GCU.

Should Users fail to accept the GCU in their entirety, they must refrain from accessing and using .

Article 7 - User commitment

The User declares: that he/she is of legal age, i.e. at least 18 years old, that he/she has the full legal capacity to make a commitment, that he/she has been informed that his/her commitment does not require a handwritten or electronic signature .

The User declares that he/she has obtained from ATELIER MAISHO all the necessary information concerning the operation, terms of access and use of the Site and accepts without reservation the present Terms and Conditions.

The User's procedures or requests, as well as all exchanges of information or documents between the User and ATELIER MAISHO via the Site are subject to the provisions relating to electronic mail in articles 1125 et seq. of the French Civil Code.

The User shall take all necessary steps to keep confidential the information contained on the Website, in particular his login and/or password.

Thus, if the User becomes aware of the loss or fraudulent use of his/her information, he/she is obliged to immediately notify ATELIER MAISHO and to reset his/her login and/or password.

The User agrees in particular not to do any of the following, without this list being limitative:

• use the Website to market products and services other than those offered by ATELIER MAISHO.

Article 8 - Personal data

The User is informed that the information requested from him via the Site, gives rise to the collection and automated processing of personal data concerning him, the use of which is subject to the legislation in force in France and Europe and in particular to the General Data Protection Regulation No. EU/2016/679 of April 27, 2016.

This data is kept and used solely for the purposes of authenticating the User, providing better visibility of customers and their bookings, and responding to their requests with tailored offers. This information is only kept for the time necessary to achieve the purposes for which it was collected and processed. Only subscription to Newsletters authorizes ATELIER MAISHO to keep and use personal data until the User unsubscribes, without this period exceeding the maximum legal retention period for said data. The User undertakes to take cognizance of the data protection charter linked to the present GCU.

The User has the right to access, rectify and delete data concerning him/her, as well as the right to object to the processing of information, by sending either an email to ateliermaisho@gmail.com or a letter to the following address: ATELIER MAISHO - 59 rue de Villiers, 92200 NEUILLY SUR SEINE, accompanied by a copy of the identity document with signature of the holder of the document, specifying the address to which the reply should be sent.

In any event, the User is informed of the right to lodge a request with the Commission Nationale de l'Informatique et des Libertés (CNIL), the supervisory authority in charge of compliance with obligations relating to personal data in France.

Article 9 - Cookie policy

9.1 - Cookies-Definition

A cookie is a text file that may be saved, subject to your choices, in a dedicated space on the hard disk of your terminal (computer, tablet, etc.) when you use your browser to consult online services. It is transmitted by the website server to your browser. Each cookie is assigned an anonymous identifier. The cookie file enables its issuer to identify the terminal in which it is stored for the duration of the validity or storage period of the cookie concerned. A cookie cannot be traced back to an individual. When you visit the https://ateliermaisho.fr/ website , we may install statistical cookies, subject to your choice, on your computer .

9.2 - Purpose of cookies

We use cookies and other data stored on your device to :

• 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 ;
• Allow you to identify yourself and manage your orders;
• To improve navigation on the Site;
• Conduct optional satisfaction surveys at https://ateliermaisho.fr/.

9.3 - What information is affected by cookies?

A cookie will mainly contain :

• The name of the website it comes from,
• How long the cookie will be stored on your device,
• A unique number, usually assigned at random

9.4 - Cookies used on the ATELIER MAISHO website

We use the following categories of cookies on the Site:

• Strictly necessary cookies: These cookies are essential to enable you to browse the Site and take advantage of its functionalities. Without these cookies, the services you request, such as remembering your identifier, cannot be provided.
• Performance cookies: These cookies collect anonymous information about how people navigate the Site. By way of example, we use Google Analytics cookies to help us understand how users arrive on the Site, navigate or use the Site and thus highlight areas for improvement, particularly in terms of navigation and marketing campaigns. The data stored via these cookies does not record any data that could identify a specific person.
• Functionality cookies: These cookies remember your choices, such as the location at from which you logged on, your language preferences, and your search criteria for products or services. This information can be used to offer you a more personalized experience and more relevant to your expectations. The information collected via these cookies may be anonymized and does not enable us to track your browsing habits on other websites.

9.5 - Controlling and deactivating cookies

You can adjust your browser or device settings to allow or block cookies. For more information on these features and to define your cookie settings, please consult the instructions provided by your browser or device. If you choose to disable cookies, as indicated above, some of the features of our websites and services will not be accessible to you.

9.6 - Placement of cookies

Cookies are placed by ATELIER MAISHO, mainly for navigation management, optimization and personalization of services, but also by third parties.

These third parties deposit cookies to identify your centers of interest through the products consulted or purchased on the site and to personalize the advertising offer addressed to you. They may be deposited while you are browsing our site or when you click on the site's advertising spaces.

Non-exhaustive list of third parties who may deposit cookies:

• STRIPE: link to privacy policy https://stripe.com/fr/privacy ;
• FACEBOOK: link to privacy policy: https://www.facebook.com/privacy/policies/cookies/?entry_point=cookie_policy_redirect&entry=0 ;
• INSTRAGRAM: link to privacy policy: https: //about.instagram.com/fr-fr/blog/announcements/instagram-community-data-policy

Article 10 - Intellectual property

All elements (information, data, brands, photographs, logos, etc.) present on the Site are the exclusive property of ATELIER MAISHO and are protected by copyright, trademark law and more generally by the provisions of the intellectual property code and by any right recognized by national and international legislation in force.

Copying, representing, downloading, distributing, modifying, reproducing in full or in part all or part of the elements making up the Site are prohibited without the express prior authorization of the company ATELIER MAISHO.

The User undertakes not to take any action that may infringe, directly or indirectly, the property rights of ATELIER MAISHO or, where applicable, the property rights of third parties to the Site.

The User also refrains from introducing data to the Site which would modify or which would be likely to modify the content or appearance of the data, the presentation or the organization of the Site or of the works appearing on the Site, and by any means whatsoever.

Any unauthorized use, for whatever reason, of all or part of the information may be the subject of any appropriate action, in particular an action for infringement.

Article 11 - Liability

Neither ATELIER MAISHO, nor its directors, employees or other representatives may be held responsible for any inability to access the Site due to the particular configuration of the User's computer or access to the Internet network. In general, ATELIER MAISHO cannot be held responsible for the quality of the service, disruption to the use of the Site, the impossibility of using it, or breaches of computer security that may cause damage to the User's hardware and data.

ATELIER MAISHO does not guarantee the availability or performance of the Site. The User may not seek the liability of Société ATELIER MAISHO for lost profits, loss of opportunity or sales. ATELIER MAISHO may only be held liable for proven fault and for direct and foreseeable damage, exclusively caused by a breach by ATELIER MAISHO of its obligations.

ATELIER MAISHO shall not be liable for any breach of these terms and conditions by a User.

ATELIER MAISHO may not be held liable for the non-operation, inaccessibility or malfunction of the Site due to unsuitable equipment, malfunction of the services of the User's access provider or of the Internet network. The same applies to all other reasons beyond the control of ATELIER MAISHO.

The information contained on the ATELIER MAISHO website is provided for information purposes only and does not in any way constitute a contractual commitment, either with regard to the nature and characteristics of the services and products that may be presented, or with regard to their pricing.

Article 12 - Hypertext links

Any hypertext link to the Site, of whatever type, must be authorized in advance by Société ATELIER MAISHO, on paper or electronically. In order to obtain such authorization, please contact the Site's webmaster at the following address: ATELIER MAISHO - 59 rue de Villiers, 92200 NEUILLY SUR SEINE.

ATELIER MAISHO reserves the right to terminate this authorization at any time, in particular if it appears to that the link established with the Site is likely to harm the interests of the latter.

Sites presenting a hypertext link with the Site (hypertext links targeting the Site or established from ) are not under the control of ATELIER MAISHO, which declines all responsibility for their content.

Article 13 - Partial invalidity

If one or more stipulations of these GCU are held to be invalid or declared as such by application of a law, regulation or following a final decision of a competent court, they shall be deemed unwritten and the other stipulations shall remain in force.

Article 14 - Applicable law and jurisdiction

The present Terms of Use are governed by French law and the User, by accepting the present Terms of Use, irrevocably grants jurisdiction to the French courts.

The User is hereby informed that he/she may in any event have recourse to conventional mediation in the event of a dispute .

In the absence of an amicable solution, the case will be brought before the competent courts, it being specified that the time limits for taking legal action are not interrupted during the period for seeking such an amicable solution.

In the event of any dispute or controversy, the French courts shall have sole jurisdiction and French law shall apply.

Disputes arising with users registered in the trade and companies register will be referred to the Nanterre Commercial Court .