General Terms and Conditions of Sale (GTC)

Article 1: Definition and Scope

The present document (General Terms and Conditions of Sale) defines the conditions applicable to sales concluded between, on the one hand, persons making a purchase via the mademoiselle.flowers website, hereinafter referred to as "the buyer" and, on the other hand, the company mademoiselle.flowers SRL, hereinafter referred to as "mademoiselle".

Article 2: Application and opposability of the general terms and conditions of sale

The fact of placing an order, implies the full and unreserved adhesion of the buyer to these general conditions of sale.

Any contrary condition set by the buyer will therefore, in the absence of express acceptance, be unenforceable against mademoiselle regardless of when it may have been brought to her attention.

The fact that mademoiselle does not avail itself at a given moment of any of the present general conditions of sale, cannot be interpreted as a waiver of the right to avail itself later of any of the said conditions.

If one or several stipulations of the present general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

These General Terms and Conditions of Sale are subject to change at any time, without notice, by the company mademoiselle.flowers SRL. These General Terms and Conditions of Sale are applicable from 26 January 2021.

Article 3: Legal capacity

Customers declare to be of legal age and fully capable of contracting.

Article 4: Order taking

The information given by the buyer, when taking an order, is binding: in the event of an error in the wording of the recipient's details, mademoiselle cannot be held responsible for the impossibility of delivering the product.

Orders are final only when they have been confirmed by the payment of the price by the buyer.

After dispatch, any modification or resolution of the order by the buyer cannot be taken into consideration and the price paid will not be refunded.

Product offers are valid while stocks last. A product that has become unavailable is indicated as "sold out" in the online product catalogue.
In case of stock shortage, mademoiselle will contact the buyer. They will agree together to deliver a product offering identical characteristics in size and quality to the product initially ordered by the buyer.

Article 5: Product prices

The prices of the products are indicated in euros all taxes included. They take into account the VAT and possible reductions applicable on the day of the order.
The prices of the products are exclusive of delivery costs (transport). The amount of the delivery costs will be specified on the order form before the validation of the sale.
The products are supplied at the price in force at the time the order is placed.

The payment of the price is made cash when the order is taken.

Article 6: Total security of payments

mademoiselle ensures total security and flexibility of online payments, by bank or credit card, thanks to its payment system entrusted to a service provider specialising in payment security. mademoiselle guarantees the total confidentiality of your banking information, secured by the SSL protocol, which automatically checks the validity of access rights during your payment by bank card and encrypts all exchanges to ensure confidentiality. We never know and never store information concerning your bank card.

Article 7: Delivery

The delivery is made in Belgium within the period provided by the direct handing over of the product to the announced addressee, either in case of absence, by notice of availability (see below the conditions according to the nature of the ordered product), or by deposit of the parcel in front of the door of the addressee in a safe place.

The buyer is informed and accepts that the delivery may not be made at a specific time, but mademoiselle commits herself by an obligation of means and as far as possible to respect the times requested.

mademoiselle can in no case be held responsible for a delay in delivery due to a cause beyond its control, and in particular in the event of bad weather, disaster, strike, force majeure, incomplete or imprecise contact details of the recipient or the client, absence of the recipient.

7.1 Terms of delivery

7.2 Delivery of your order.

Delivery times are indicated as accurately as possible.
Exceeding delivery deadlines cannot give rise to damages and interest

If the recipient is absent, the deliveryman is allowed to drop the package off at the door.

The buyer may claim reimbursement of delivery costs, to the exclusion of any other indemnity or damages, for the cases of late delivery below, if the product has not been delivered for any reason other than force majeure.

Late delivery :

The buyer can claim the total reimbursement of the order if the delay is greater than 72 hours.

Finally, if the product has not been delivered, for any reason other than force majeure, the sale may then be cancelled and the purchaser may obtain a purchase voucher for the value of his order to the exclusion of any other indemnity or damages.

War, riots, riots, fire, strikes, accidents, traffic restrictions, snow and the impossibility to be supplied are considered as force majeure discharging mademoiselle from her obligation to deliver.
mademoiselle will keep the buyer informed in a timely manner of the cases or events listed above.
In any case, delivery within the time limit can only take place if the buyer is up to date with his obligations towards mademoiselle.

Article 8: Right of withdrawal

Our bouquets cannot be returned.

Any claim and refund (voucher) of products must be the subject of a formal agreement between the Miss and the buyer.

The buyer may exercise a right of withdrawal without having to justify reasons or pay penalties, no later than 7 days before the delivery date.

The aforementioned period runs from receipt of the order. When the deadline expires on a Sunday or a public holiday or day off, it is extended until the first working day thereafter. When the right of withdrawal is exercised, mademoiselle is obliged to compensate the purchaser (return of a credit note) without delay and at the latest within fourteen days from the date on which mademoiselle is informed of the consumer's decision to withdraw. Beyond this period, the sum due shall automatically accrue interest.

The notification of the right of withdrawal must be made to the person concerned by means of the form located in Annex 1 of the General Terms and Conditions of Sale and transmitted to the Customer on a durable medium.

Article 9: Returns and claims

9.1 Commercial warranty

Any claim accepted by mademoiselle, in the case of an apparent defect or non-conformity of the products delivered, which will be noted by the seller, will allow the buyer to obtain a free replacement or the restitution of a credit note to his benefit, to the exclusion of any other indemnity or damages.

Complaints concerning orders containing bouquets of flowers or plants delivered must be, insofar as fresh products are concerned, made within 48 hours at the latest from the delivery of the product.

9.2 Statutory guarantees

All goods and services supplied by the Seller shall benefit from the legal guarantee of conformity provided for in the Consumer Code and the guarantee relating to defects in the goods sold, under the conditions provided for in the Civil Code.

Article 10: Management of personal data

mademoiselle pays particular attention to the protection of her clients' personal data. Therefore, we commit ourselves to respect the law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms, modified by the European Regulation 2016/679 of April 27, 2016 relating to the protection of personal data known as RGPD.

By using the mademoiselle.flowers website, you agree to the collection and use of your personal data in the manner described in our data protection charter.

Article 11: Customer Service

Customer Service is available Monday to Friday from 9am to 5pm without interruption:

All requests for information must be answered within 48 hours.

You can also write to :

Mademoiselle.flowers Customer Service
Avenue de la Couronne 242
1160 Brussels
Belgium

Article 12: Litigation and mediation

Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in the person who takes the trouble to explain his situation.

Complaints concerning the quality of flowers and plants must be made to our services within 48 hours after the date of receipt of the package at the recipient.

In the event of a dispute, the customer will make his claims to the seller's customer service department:

Mademoiselle.flowers Customer Service
Avenue des volontaires, 19 - 1160 Brussels - Belgium E-mail: [email protected]

Article 13: Jurisdiction

All disputes, controversies or claims arising out of or relating to these general terms and conditions of sale, or its interpretation or execution, shall be settled by the court of Brussels, Belgium, to whose jurisdiction the parties are irrevocably subject.

The sales of products on this site are subject to Belgian law regardless of the country of residence of the buyer or the place of order.

***