Flower delivery General terms and conditions of sale

Terms and Conditions of Sale (T&Cs)

Article 1 : Definitions and scope of application

This document (General Terms & Conditions of Sale) defines the conditions relating to sales made between persons purchasing online via the current website, hereafter referred to as the ‘Buyer’, and Universal Flower SASU (simplified joint stock) company, hereafter referred to as ‘Universal Flower’.

Article 2 : Application and enforceability of the terms and conditions of sale

By making an order on this website, the Buyer is deemed to have agreed, fully and unreservedly, to these General Terms and Conditions of Sale.

Any other condition proposed by the Buyer will, therefore, be held to be unenforceable by Universal Flower (with the exception of any express agreement), at whatever stage it is brought to their attention.

If in a given moment Universal Flower does not enforce one of the present General Terms and Conditions of Sale, this does not prevent it from later enforcing one of the aforementioned terms and conditions.

If one or several terms of the current General Terms and Conditions of Sale are held to be unlawful or declared as such under the application of law, regulation or by a court of competent jurisdiction whose ruling is definitive, the other terms will remain in full force and effect.

These General Terms and Conditions of Sale can be changed at any moment, without pre-warning, by Universal Flower. The current General Terms and Conditions of Sale are effective from 27 October 2021. They supersede and replace all previous versions of these terms and conditions. It is, however, understood that any changes to the General Terms and Conditions of Sale will not apply to orders previously accepted and confirmed by Universal Flower.

Article 3 : Legal capacity

The Buyer declares that they are of age and have legal capacity to enter into contracts.

Article 4 : Ordering

The personal details declared by the Buyer at the stage of making an order are legally binding as follows: if the Buyer gives incomplete or incorrect information regarding the delivery address, Universal Flower will not be held responsible for failing to deliver the product.

Orders are only confirmed when the Buyer has effectively paid the price of the product in full. After dispatch, no changes can be made to the order and the amount paid cannot be refunded, except in the case of cancellation in accordance with our policy referred to at Article 7.

Article 5 : Price of products

The price of products is indicated in euros and includes tax. The price is inclusive of VAT and takes into account reductions available on the day of ordering.
The price of products as shown excludes the cost of delivery. The total cost of delivery will be detailed on the order summary page before confirmation of sale.
The price of the product will be the price indicated on the order page when placing an order.

Payment of the purchase price takes place at the moment of placing an order.

Article 6 : Security of payments

Universal Flower ensures secure, flexible online payments by bank card or credit thanks to its payment system operated by a specialist, secure payment service provider. Universal Flower guarantees that your bank details are kept totally confidential, secured by a SSL protocol which automatically provides authentication to grant access to information during card payment, and which encrypts all transactions in order to guarantee privacy. We never view or keep your bank account card details.

Article 7 : Delivery

Delivery is made in the country of your choice within the specified timeframe, with the product being delivered directly to the recipient, or in their absence, the product will be left at the recipient’s address if possible.

The Buyer understands and accepts that delivery cannot take place at a precise time.

Universal Flower cannot, in any event, be held responsible for delayed delivery due to circumstances beyond its control, notably in the event of bad weather, disaster, strike, force majeure, incomplete or incorrect recipient address details, or when the recipient is absent.

7.1 Methods of delivery

Your order is passed to our partner Teleflor International Partner Systems Ltd (TIPS), who will then transfer your order to one of its 50,000 artisan florists available in the 135 countries belonging to its international network.
The selected florist, based near your intended recipient, will compose the floral product and hand-deliver it to your recipient.

Delivery will be made in the country of your choice, during the 24-72 hour period following validation of your order.

The timeframe for delivery depends upon:
the timezone of the country you order to
the time and day of your order

Absence of recipient :
When the recipient is absent at the time of delivery, a note of attempted delivery will be deposited in their letter box.

7.2 Delivery of your order

The expected timeframe for delivery is specified to be as accurate as possible.
Delays to the timeframe for delivery cannot give rise to claims for damages.

In the event that the recipient is absent at the time of delivery, the person responsible for delivery will leave a note with their details informing the recipient of available methods for redelivery, and if needed, the address where the product can be collected.
In the event that the recipient is unable to collect the product within 48 hours, the client and the recipient cannot make any complaint regarding the worsened quality of the product, nor can they claim a refund or claim for loss or damage, as the client cannot withdraw from the contract for sale. A second attempt at delivery can be made at the request of the client, subject to the time limits for preservation of the product. Supplementary delivery fees may be billed to the client.

Finally, if the product has not been delivered, for any reason other than the occurrence of a force majeure event, the sale will be void and the purchaser can obtain a refund for the purchase price without being entitled to further loss or damage.

Universal Flower considers the following events to be within the scope of force majeure, releasing it from any responsibility to deliver products: namely war, riots, fire, strike or industrial action, accidents, traffic and restrictions to supply.
Universal Flower will keep the Buyer informed in a timely manner if any of the aforementioned events take place.
In any event, delivery can only take place within a specified timeframe if the Buyer is aware of their own obligations towards Universal Flower.

Article 8 : Right to cancellation

Any product return must be the subject of formal agreement between Universal Flower and the Buyer.

Article 9 : Complaints

Complaints regarding fresh products must be made within two (2) days of the date of delivery of the product.

All goods and services provided by the Seller benefit from the legal guarantee that products will fit their description, as set out in articles L. 211-4 to L.211-13 of the French Consumer Code, in addition to the guarantee against defects in the product, in accordance with the conditions set out in articles 1641 to 1648 and 2232 of the French Civil Code.

Article 10 : Management of personal data

Universal Flower gives particular care and attention to the protection of its clients’ personal data. Further, we commit to complying with the law n° 78-17 dated 6 January 1978 relating to freedom of information and data, as amended by the European GDPR regulation 2016/679 dated 27 April 2016 relating to the protection of personal data.

By using this website, the Buyer agrees to the collection and use of personal data in the manner described in our personal data protection charter.

Refer to our personal data protection charter.

Article 11 : Customer Service

Customer Service is available from Monday to Friday continuously from 10am to 6pm and on Saturday from 9am to 3pm, French time.

By email to Customer Service.

Replies to all enquiries will be given within 48 hours.

you can also write to :

Universal Flower
15 rue Lucien Frémont
60810 Brasseuse
France

Article 12 : Disputes and mediation

Complaints or disputes will always be handled with the utmost care and attention, with a presumption of good faith for those who take steps to notify the Seller when something is not right.

Complaints regarding the quality of flowers and plants must be made within a maximum of 5 working days following the date of delivery to the recipient.

In the case of disputes, the Buyer will address their preliminary complaint to the Seller’s Customer Services team as follows :

Universal Flower
Service Clients
15 rue Lucien Frémont
60810 Brasseuse
France

Email to Customer Service.

Under articles L 611-1 and in accordance with the French Consumer Code, the Buyer has free recourse (excluding ultimate legal and expert fees) to dispute resolution for all contractual disputes, subject to the condition that they initially direct their complaint to the Universal Flower company, who did not agree to resolve the dispute in question.

Since 15 February 2016, the European Commission’s online platform regulating dispute resolution has been open to the public. All consumers who become involved in disputes with companies within the jurisdiction of the European Union are able to make an application for mediation via this platform. In accordance with the European Regulation 524/2013, the Universal Flower company informs the Buyer of the existence of the European Commission’s online platform, which regulates dispute resolution between e-traders and consumers : http://ec.europa.eu/consumers/odr/

Article 13 : Jurisdiction

In the case of disputes regarding these current General Terms and Conditions of Sale, where there is a non-commercial Buyer, the court of competent jurisdiction may be that of the defendant’s country of residence, the place of effective delivery of the product or the place of effective service.

In the case of disputes regarding these current General Terms and Conditions of Sale, where there is a commercial Buyer, the court of Paris will have competent jurisdiction.

The sale of products on the current website is subject to French law, wherever the Buyer’s country of residence, the location of the order or delivery.