Article 1 – Definitions
These Terms and Conditions of Sale (hereinafter referred to as the "TCS") are offered by Florahia, a company registered under Regnum Limited, whose registered office is located at Florahia, 60 Rue François 1er, 75008 Paris, France (hereinafter referred to as "Florahia").
The following terms will be used:
- "Site" : The website https://www.florahia.com and all of its pages.
- "Products" or "Services" : All products (physical goods) and services (provisions) that can be purchased or subscribed to on the Site.
- "Seller" : Florahia, a legal or natural person offering its Products or Services on the Site.
- "Client" : The internet user, whether an individual or a professional, making a purchase of Product(s) or Service(s) on the Site.
- "Consumer", in accordance with the preliminary article of the Consumer Code: "any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, artisanal, or liberal activity ".
The internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to carefully read these TCS, print them, and/or save them on a durable medium before placing an order on the Site.
The Client acknowledges having read the TCS and fully accepts them.
Article 2 – Application of the TCS and Purpose of the Site
The Seller reserves the right to modify the TCS at any time by publishing a new version on the Site. The applicable TCS for the Client are those in force on the date of their order on the Site.
Legal information regarding the host and publisher of the Site, the collection and processing of personal data, and the conditions of use of the Site are provided in the site's terms of use, legal notices, and data policy.
The Site is freely and publicly accessible to any Client. The purchase of a Product or Service implies full acceptance of these TCS by the Client, who also acknowledges having read them in their entirety. This acceptance may, for example, be expressed by checking the box corresponding to the acceptance statement of these TCS, such as "I acknowledge that I have read and accepted all the terms and conditions of the Site ". Checking this box will be deemed to have the same value as a handwritten signature from the Client.
Acceptance of these TCS requires Clients to have the legal capacity necessary for this. If the Client is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, trustee, or legal representative.
The Client acknowledges the evidentiary value of the Seller's automatic recording systems and, unless they provide proof to the contrary, waives the right to contest them in the event of a dispute.
Article 3 – Creating a Customer Account
Creating a "customer account" is a prerequisite for any order placed by the Client on this Site. To this end, the Client will be invited to provide a certain amount of personal information such as their first and last name, email address, postal address, and phone number. This list is not exhaustive. The Client agrees to provide accurate information. The Client is responsible for updating their data and must notify the Seller without delay in case of any changes. The Client is solely responsible for the truthfulness, accuracy, and relevance of the provided information.
A Client registered on the Site can access their account by logging in using their credentials (email address provided during registration and password) or by using third-party social network login systems. The Client is entirely responsible for protecting the password they have chosen. They are encouraged to use complex passwords. If the Client forgets their password, they can generate a new one. This password ensures the confidentiality of the information contained in their "my account" section, and the Client agrees not to transmit or share it with a third party. Otherwise, the Seller cannot be held responsible for unauthorized access to a Client's account.
The customer account allows the Client to review all their orders placed on the Site. If the data in the customer account section were to disappear due to a technical failure or force majeure, the Seller cannot be held liable, as this information is for informational purposes only and has no evidentiary value. The Client can freely print the pages related to their account, but these do not serve as proof; they are merely for efficient order management.
Each Client is free to close their account on the Site. To do so, they must send an email to the Seller stating that they wish to delete their account. Once deleted, their data cannot be recovered.
The Seller reserves the exclusive right to delete any Client account that violates these General Terms and Conditions (including but not limited to cases where the Client has knowingly provided false information during registration or account setup) or any account that has been inactive for at least one year. Such deletion does not constitute harm to the Client, who cannot claim any compensation. This exclusion does not preclude the Seller from pursuing legal action against the Client when justified.
Article 4 – Subscription to Orders and Description of the Purchase Process
The Products and Services offered are those listed in the catalog published on the Site. Each Product comes with a description provided by the Seller based on information from the supplier.
The photographs of the Products in the catalog reflect a faithful image of the Products and Services offered.
We define "Cart" as the virtual object containing all the Products or Services selected by the Client on the Site for purchase by clicking on these items. To proceed with an order, the Client selects the Product(s) they wish to purchase and adds them to their "Cart," the contents of which can be modified at any time.
Once the Client has selected and added all the desired Products to their cart, they can validate their order by accessing their cart and clicking the designated button. They will then be redirected to a summary page displaying the number and details of the ordered Products and their unit price.
If the Client wishes to proceed with their order, they must check the box confirming their acceptance of these General Terms and Conditions and click the validation button. The Client will then be redirected to a page where they must complete the order form. This form requires the Client to provide certain personal information necessary for the proper processing of the order.
All orders placed on the Site must be fully completed and include the necessary details. The Client can make changes, corrections, additions, or cancel the order until they validate it.
Once the Client has completed the form, they will be invited to proceed with payment using the payment methods listed in the relevant section of these General Terms and Conditions. Shortly afterward, the Client will receive a confirmation email summarizing their order and its total price.
The Products sold remain the Seller's property until full payment has been received, in accordance with this retention of title clause.
Article 5 – Prices and Payment Terms
Unless otherwise stated, the prices listed in the catalog are in Euros, including all taxes (TTC), taking into account the VAT applicable on the date of the order and excluding any potential handling and shipping fees.
Florahia reserves the right to pass on any changes in the VAT rate to the prices of Products or Services. The Seller also reserves the right to modify its prices at any time. However, the price listed in the catalog on the order date will be the only one applicable to the Client.
The Client may place an order on the Site and pay using a Bank Card or PayPal. Payments made by bank card are processed through secure transactions provided by an online payment platform provider.
This Site does not have access to any Client payment data. Payments are processed directly by the bank or payment provider handling the Client's transaction. In the case of payment by check or bank transfer, the delivery times defined in the "Delivery" section of these General Terms and Conditions begin only upon the Seller's actual receipt of payment, which the Seller may prove by any means. The availability of Products is indicated on the Site in each Product's descriptive page.
Florahia will archive order receipts and invoices on a reliable and durable medium that constitutes a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between them.
Article 6 – Delivery
Delivery costs will be indicated to the Client before any payment. The Site has no geographical delivery limitations; orders can be shipped worldwide. The delivery times indicated when placing an order are for informational purposes only and depend on potential delays from postal services or other specific circumstances preventing delivery (protests, weather conditions, etc.).
In the case of delivery outside the European Union and to overseas territories, the Client declares themselves as the importer of the Product and accepts that, in such cases, the Seller may not be able to provide an exact estimate of the total costs related to customs duties, import formalities, or applicable taxes in the destination country.
Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Seller commits to delivering the Products within a maximum period of thirty (30) days after the contract is concluded with a Consumer Client.
For hand-delivered shipments, the Client may refuse a package upon delivery if they notice an issue with the delivery (damage, missing Product compared to the delivery note, damaged parcel, broken Products, etc.). Any issue must be explicitly stated by the Client on the delivery note in the form of handwritten reservations, accompanied by the Client’s signature. To exercise the right of refusal, the Client must open the damaged or defective package(s) in the presence of the carrier and return the damaged goods.
For mailbox deliveries, the Client agrees to immediately check the package and contact Florahia's support if they notice any anomaly. They must keep photographic evidence of the envelope or parcel, the contents of the order, and any defective Product(s). If the Client does not follow these requirements, they will not be able to exercise their right of refusal, and the Seller will not be obliged to comply with the Client’s request to reject the order.
If the Client's package is returned to the Seller by the postal service or other delivery providers, the Seller will contact the Client upon receipt of the returned package to determine the next steps. If the Client mistakenly refused the package, they may request a reshipment, provided they first pay the additional shipping costs. These shipping costs must be paid even for orders where shipping was initially free.
In case of a delivery error or exchange (if the right of withdrawal applies, meaning the Client is a Consumer and the contract allows withdrawal), any Product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from mishandling or improper use by the Client cannot be attributed to the Seller.
Any delivery delay beyond the date or timeframe indicated to the Consumer Client at the time of their order, or if no timeframe was specified, any delay exceeding thirty (30) days from the conclusion of the contract, may lead to the cancellation of the sale at the initiative of the Consumer Client. This must be done through a written request via registered mail with acknowledgment of receipt if the Seller has not fulfilled the delivery obligation. The Consumer Client will then be refunded in full within a maximum period of fourteen (14) days following the contract cancellation date. This clause does not apply if the delivery delay is due to force majeure.
Specific case of a package marked as "delivered" but not received in the mailbox: If the Client reports that the package is not in their mailbox despite tracking indicating it has been "delivered," customer service may request additional information, including an official document from the postal service regarding their complaint related to the tracking number. The Seller will then do its utmost to ensure customer satisfaction, including the immediate reshipment of the products at its own expense.
Article 7 – Right of Withdrawal and Withdrawal Form
The Client has fourteen (14) working days from the date of receipt of the ordered Product to withdraw from the contract. They must return any Product that does not suit them and request an exchange or refund without penalties, except for return shipping costs, within fourteen days from Florahia's receipt of the refund request.
The Product must be returned in perfect condition, sealed, and unused. The Consumer Client can find a standard withdrawal form below for an order placed on the Site, to be addressed to Florahia. The Client is responsible for covering the return shipping costs in the case of withdrawal.
It is recommended that the Client returns the package using a tracking service. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an inquiry with the postal services to locate it.
The refund will be made using the same payment method the Client selected for the initial transaction, unless the Client explicitly agrees to a different payment method, provided the refund does not incur additional costs for the Client.
The Seller also reserves the right to defer the refund until the Product has been received or until the Client provides proof of dispatch if such proof has not already been provided.
If the Product is found to be devalued due to handling beyond what is necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Client may be held liable.
In accordance with Article L121-17 of the Consumer Code (the "Hamon Law" of June 2014), the Consumer Client can find below a standard withdrawal form for an order placed on the site:
Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract.)
TO:
Florahia, 60 Rue François 1er, 75008 Paris, France
I / we (*) hereby notify you of my / our (*) withdrawal from the contract concerning the sale of the goods below:
Order number:
Name / First name:
Phone number:
Email address:
Postal address:
Reason for the claim:
– Exchange* (mention the desired product)
– Refund* (attach a complete bank statement with IBAN and BIC details)
Signature of the Client(s) (only if submitting this form on paper):
Date:
(*) Strike out the unnecessary mention.
Article 8 – Product Warranty
Legal Provisions to be Reproduced
The legal warranty of conformity applies independently of any commercial warranty granted.
The consumer may decide to invoke the warranty against hidden defects in the sold item under Article 1641 of the Civil Code, unless the seller has stipulated that they are not obliged to any warranty; in the event of the application of this warranty, the buyer has the choice between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code. The buyer has a period of two years from the discovery of the defect.
The deferral, suspension, or interruption of the limitation period cannot result in the extension of the extinctive limitation period beyond twenty years from the day the right arises, in accordance with Article 2232 of the Civil Code.
All items purchased on this site benefit from the following legal warranties, provided by the Civil Code;
Legal Warranty of Conformity
The Seller is required to deliver goods in conformity with the contract concluded with the Consumer Client and is responsible for any lack of conformity existing at the time of delivery of the Product. The conformity warranty applies if a defect existed on the day the Product was received.
However, it is up to the Client to prove that the defect existed at the time of taking possession of the Product.
« In case of non-conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate compared to the other option, given the value of the good or the importance of the defect. In such a case, the seller is required to proceed, unless impossible, according to the alternative method chosen by the buyer ».
Legal Warranty Against Hidden Defects
In case of non-conformity of a delivered Product, it may be returned to the Seller, who will proceed with an exchange. If exchanging the Product is impossible (e.g., obsolete Product, out of stock), the Client will be refunded via check or bank transfer for the total amount of their order. The costs of the exchange or refund process (including return shipping fees) will be covered by the Seller.
Article 9 – Customer Service
The customer service of this Site is accessible by email at the following address: contact@florahia.com, via the contact form, or by postal mail at the address provided in the legal notices.
Article 10 – Liability
The Seller Florahia shall not be held responsible for the non-performance of the contract due to the occurrence of a force majeure event. Regarding purchased Products, the Seller shall not be held liable for any indirect damages arising from these terms, such as operational loss, loss of profit, damages, or expenses.
The choice and purchase of a Product or Service are the sole responsibility of the Client. The total or partial impossibility of using the Products, notably due to hardware incompatibility, shall not give rise to any compensation, reimbursement, or liability of the Seller, except in cases of proven hidden defects, non-conformity, defectiveness, or exercise of the right of withdrawal where applicable.
The Client expressly acknowledges using the Site at their own risk and under their exclusive responsibility. Under no circumstances shall Florahia be held responsible for:
- Any direct or indirect damages, including loss of profits, revenue, clientele, or data that may result from the use of the Site, or the inability to use it.
- A malfunction, access unavailability, misconfiguration of the Client’s computer, or the use of an uncommon web browser.
- The content of advertisements and external links or sources accessible via the Site.
The Seller’s liability shall not be engaged if the characteristics of the Products differ from the images presented on the Site or if such information is inaccurate or incomplete.
Article 11 – Intellectual Property Rights
All elements of this Site belong to the Seller or a designated third party or are used by the Seller with the permission of their owners.
Any reproduction, representation, adaptation of logos, textual content, images, or videos is strictly prohibited and constitutes an infringement.
Any Client found guilty of infringement may have their account terminated without prior notice or compensation, and such termination shall not be considered as causing damage, without prejudice to potential legal proceedings.
The trademarks and logos contained on the Site may be registered by Florahia or possibly by one of its partners. Any person who represents, reproduces, integrates, distributes, or redistributes them is subject to the penalties provided for in Articles L.713-2 and following of the French Intellectual Property Code.