Terms and Conditions of Sale
Article 1: Definition and scope
These “Terms and Conditions of Sale” (“TCS”) govern the contractual relationship between, on the one hand, a person making a purchase via the https://www.maisonlachaume.com/ website, hereinafter referred to as “the buyer”, on the one hand, and LACHAUME SAS, headquartered at 103 rue du Faubourg Saint-Honoré, 75008 Paris, France, registered in the Paris Trade and Companies Register (SIRET: 784 324 618 00023; VAT: FR52784324618), hereinafter referred to as “the seller”, on the other.
LACHAUME is available Monday to Friday from 8.30 to 19.00 and Saturday from 8.30 17.00:
- by phone: +33 (0)1 42 60 59 74.
- by e-mail: contact@lachaume.com.
- by mail to the above address.
Article 2: Application and enforceability
To place an order on the website, the buyer must review the TCS. The seller may modify the TCS at any time without notice. They are applicable from 01/09/2024 and cancel and replace all previous versions of these conditions. The version of the TCS applicable to an order is the one in effect at the time of the order's confirmation by the customer. Buyers declare that they are of legal age and fully capable of entering into a contract.
Article 3: Ordering
Orders can be placed in-store or by telephone.
Otherwise, if the order is placed via the Internet, the e-commerce order is confirmed by the customer after checking the details of the order (basket) and its total price, and correcting any errors. The seller undertakes to take the best possible care of the order placed by the customer. If a product is unavailable after an order is placed, the seller will inform the customer by e-mail or telephone, using the contact details provided when the order was placed. The customer will have the choice between cancelling the order and being reimbursed, or replacing the product with an equivalent product offered by the seller, or modifying the order.
Once the order has been validated, the purchaser will receive an e-mail acknowledging receipt of the order, indicating the details of the order, the delivery method and date, and the total price paid.
The items available for sale on the website can be classified into the following categories:
- fresh flowers,
- stabilized or dried flowers or dried cereals,
- additional decorative accessories,
- florist or decoration services.
On the website, products are presented with information on title, price, size, delivery charges, description and additional details (if any).
If the customer so wishes, he or she can enter a message that will be delivered on a card to the recipient.
Orders are definitive only when they have been confirmed by the payment of the price by the buyer.
After validation of the order, any modification or cancellation of the order by the purchaser cannot be taken into consideration, and the price paid will not be refunded, except in the case of retraction as provided for in article 7.
Article 4: Product prices
Product prices are indicated on the website in euros, US dollars or pound sterling, inclusive of all taxes at the current legal VAT rate. These product prices do not include delivery charges. Delivery charges (see Article 5) are indicated before the order is confirmed. Products are supplied at the price in force at the time the order is placed. Payment of the price is made in full at the time of placing the order.
Article 5: Delivery
Fresh flowers are delivered only to Paris, Boulogne and Neuilly-sur-Seine.
Other products can be delivered in France, the euro zone, the UK and the USA.
Delivery rates depend on the recipient's location:
- France and the euro zone: if the order amount (excluding delivery charges) is less than €150, delivery charges are €10; these are free for orders of €150 or more.
- United Kingdom: if the order amount (excluding delivery charges) is less than £150, delivery charges are £15; these are free for orders of £150 or more.
- United States: if the order amount (excluding delivery charges) is less than $150, delivery charges are $20; these are free for orders of $150 or more.
Deliveries are made by UPS or by a courier appointed by the company.
- UPS: delivery is made within the scheduled time frame by direct delivery of the product to the recipient's address. In the event of absence at the time of delivery, the recipient may collect the merchandise at a collection point (before the package is returned to the sender).
- Courier: delivery is made within the scheduled time frame by direct delivery of the product to the recipient's address. The recipient will normally be notified in advance of the delivery to ensure their presence.
The seller cannot, under any circumstance, be held responsible for any delivery delay caused by circumstances beyond their control, including but not limited to inclement weather, disaster, epidemic, strike, force majeure, incomplete or inaccurate recipient or customer information, or the recipient's absence.
Article 6: Payments
Payment of the total price is made online when the order is placed by the buyer by debit card, credit card, PayPal, ApplePay or ShopPay. The secure payment system is provided by Shopify International Limited, hosted in the European Union.
Article 7: Right of withdrawal
In accordance with article L 221-28 of the French Consumer Code, the buyer does not benefit from the right of withdrawal for contracts regarding:
“3°- Supply of goods made to the consumer's specifications or clearly personalized,
4°- Supply of goods likely to deteriorate or expire rapidly”;
I.e., for the supply of florist and decoration services (3°) or fresh flowers, plants, which by nature perish very quickly (4°). For all other products, the buyer has a period of fourteen (14) days from receipt of the product to exercise his right of withdrawal. The right of withdrawal can be exercised online, using the withdrawal form available in the appendix. In this case, an acknowledgement of receipt will be e-mailed to the purchaser by the seller. Damaged, dirty, deteriorated, unpacked or used products will not be taken back by the seller. If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the delivery charges (where applicable) will be reimbursed; the cost of returning the product(s) will be borne by the purchaser. The exchange (subject to availability) or refund will be made within 14 days of receipt of the products returned by the buyer.
Article 8: Force majeure
In the event of force majeure within the meaning of article 1218 of the French Civil Code, which prevents the preparation and/or delivery of the order within the agreed terms and/or deadlines, the seller must immediately inform the purchaser by e-mail or by registered letter with acknowledgement of receipt. The seller's obligations will be automatically suspended for the entire duration of the force majeure event, without the buyer being entitled to any compensation. The seller will make every effort to limit the duration and effects of the cause of force majeure. If the impediment is temporary, performance of the seller's obligation will be suspended, unless the resulting delay justifies termination of the contract; the seller and/or buyer may each cancel the order for products in progress, by registered letter with acknowledgement of receipt, without the other party being entitled to claim damages. If the impediment is permanent, the contract will be automatically terminated, and each party will be released from their obligations; the seller must then reimburse the full amount of the unfulfilled order (including delivery costs), within fourteen (14) days of notification of cancellation of the order.
Article 9: Warranties
In accordance with legal provisions, the customer benefits from the following guarantees:
- Warranty against defects in conformity existing at the time of delivery of the product (articles L217-4 et seq. of the French Consumer Code): the good is in conformity with the contract if it is fit for the use usually expected of a similar good; if it corresponds to the description given by the seller; if it presents the qualities that a buyer may legitimately expect; if it presents the characteristics defined by mutual agreement between the parties. Any action arising from a lack of conformity must be brought within two years of delivery of the goods.
- Warranty against hidden defects (articles 1641 et seq. of the French Civil Code): the seller is bound by a warranty against hidden defects in the item sold which render it unfit for its intended use. The buyer must bring an action for such defects within two years from the date the goods are delivered.
In any of the aforementioned cases identified by the seller, any accepted return will entitle the buyer to a free replacement or a credit note, to the exclusion of any other compensation or damages. The products concerned must be returned in the condition in which the customer received them, in packaging that allows them to be transported in good condition. Shipping costs will be reimbursed to the customer on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of the corresponding receipts. The customer must keep the proof of deposit for delivery of the parcel which will be given to him. If the parcel is lost, no refund will be made without this proof of deposit.
Article 10: Protection of personal data
The buyer can consult the privacy policy and the cookies policy, which are available on the website.
Article 11: Disputes and mediation
For any issues, the buyer must contact LACHAUME. Furthermore, under Article L612-1 of the Consumer Code, every consumer has the right to use a consumer mediator free of charge in order to amicably resolve a dispute with a professional. Before contacting the mediator, the buyer must have sent a letter (by registered mail with acknowledgment of receipt) or an email to LACHAUME. If, within two months from the date of sending the letter or email, the buyer has not received a satisfactory response, they may then request mediation from LACHAUME, who will arrange to contact a mediator.
Article 12: Jurisdiction
Failing mediation under the conditions stipulated in Article 11, any dispute arising from the formation, interpretation or execution of the present contract will be submitted to the competent courts of Paris under the conditions of common law. Sales of products on this website are subject to French law, regardless of the buyer's country of residence.
APPENDIX TO TERMS AND CONDITIONS OF SALE
STANDARD WITHDRAWAL FORM:
Please complete and return this form only if you wish to cancel your order for non-floral products placed on https://www.maisonlachaume.com/. Please note that in accordance with the terms and conditions of sale and article L221-28 of the French Consumer Code, the right of withdrawal is not applicable for orders of products containing flowers and plants, as these products perish, by nature, very quickly.
For the attention of LACHAUME - 103 rue du Faubourg Saint-Honoré, 75008 PARIS;
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the services (*) below:
Ordered on (*): / received on (*):
Order number:
Name of consumer(s):
Address of consumer(s):
E-mail:
Telephone:
Date & Signature of customer(s):
(*): Delete as appropriate or complete.