General terms and conditions of sale
STANISLAS DUCREUX is a trade name of the company STAN FLEUR MONACO SARL, a Limited Liability Company with a capital of 15 000,00 Euros,
whose head office is located in Monaco (98000), 7, rue des Oliviers,
registered in the Trade and Industry Directory of Monaco under the number 17 S 07480,
benefiting from an intra-community VAT number FR65000130418,
its manager being Mr. Jean-François FABRE.
The company STAN FLEUR MONACO SARL and our website www.stanislasducreux.com and the corresponding services are made available to users of the site (hereinafter referred to as the “Customer”) according to the General Conditions of Sale, and other rules present on our site.
The Customer is asked:
To read carefully the General Conditions of Sale before making any purchase on www.stanislasducreux.com.
To save or edit a copy of the Terms and Conditions of Sale in order to be able to refer to them, using the standard features of the browser (internet explorer, google chrome…) or the computer.
Any order taken for a product on the site, by email, by phone or by post implies the consultation and acceptance of these General Conditions.
The Customer acknowledges that he/she is fully aware that his/her agreement to the content of these General Terms and Conditions of Sale does not require a handwritten signature of this document, but results from the sole placing of the order.
Indeed, the express and irrevocable agreement of the Customer concerning the present General Conditions of Sale intervenes at the time of his order, no order being possible without this agreement.
The validation of the order and the ensuing payment constitute an electronic signature.
This electronic signature has the value, between the parties, of a handwritten signature.
The General Conditions of Sale can be changed at any time.
The Customer must read the General Terms and Conditions of Sale carefully and reread them regularly on the site www.stanislasducreux.com.
If the modifications of the General Conditions of Sale do not suit the Customer, he will have to stop all use of the site www.stanislasducreux.com.
The changes which could intervene after an order recorded on the site will not modify this order with the exception of the modifications which would be made necessary by the law.
Our site is normally accessible to the Customer at any time.
An interruption for technical maintenance may be decided and we will endeavour to communicate beforehand the dates and times of the intervention.
1) REGISTRATION ON THE SITE
In order to be able to use the services or functions contained on the site, the Customer can make a preliminary registration.
At the time of registration, the Customer must provide the information requested.
The information provided must be real, precise, up-to-date and exhaustive.
In case of change of situation, the Customer must inform STAN FLEUR MONACO SARL by email at the following address: email@example.com.
The company STAN FLEUR MONACO SARL reserves the right to change the registration requirements at any time.
The account password must be unique and must be kept secure.
In the event of a security breach or unauthorized use of the Customer’s account, the Customer must immediately notify STAN FLEUR MONACO SARL.
The company STAN FLEUR MONACO SARL cannot be held responsible for the errors of the Customer.
The Site is open only to individuals and legal entities who meet the acquisition requirements of the company STAN FLEUR MONACO SARL, whose applications are eligible for the company STAN FLEUR MONACO SARL and who have authorized the company STAN FLEUR MONACO SARL to charge their credit / debit cards or any other payment method offered for the amount of the total price of purchases they have made.
The Customer who represents a legal entity declares that he/she has the power to bind the said legal entity under a distance selling contract.
The company STAN FLEUR MONACO SARL will have the possibility of limiting sales or shipments if any of the information provided on the site seems suspicious, for example multiple quantities of a product to be shipped to a user or to a postal address.
By making an offer to purchase products presented on our site, the Customer expressly authorizes the company STAN FLEUR MONACO SARL or its payment partners to:
Carry out credit checks.
Communicate or be communicated information (including any updated information) about users or third parties including, but not limited to, your credit/debit card number or credit reports (including spousal credit reports in case of marriage under the community of property regime).
Authenticate user identity.
Validate the credit/debit card used or any other payment method.
Obtain initial authorization of credit/debit cards and authorize individual purchase transactions.
Also, the Customer authorizes us to use the personal information provided to us to perform appropriate anti-fraud checks.
The personal information provided may be disclosed to a credit reference or fraud prevention agency which may retain the information.
3) CONTENT OF THE SITE
The purpose of our site is to provide information about all the products and services offered by the company.
We strive to provide information on our site as accurate as possible.
However, we can not be held responsible for omissions, inaccuracies and deficiencies in the update, whether due to its fact or to the fact of third party partners who provide this information, beyond the legal period of withdrawal when it is applicable.
Our articles are offered within the limits of available stocks.
All the information indicated on our site is given as an indication, and is likely to evolve.
Moreover, the information on our site is not exhaustive.
They are given subject to modifications having been made since their setting on line.
4) GEOGRAPHICAL AREA
The sale of plants and flowers is reserved, unless expressly agreed with the company STAN FLEUR MONACO SARL, to buyers who reside in the Principality of Monaco and on French territory in the vicinity of Monaco, or on the coastal area from Menton to Beaulieu-sur-Mer.
The online sale of other items presented on our site is open to buyers who reside in the Principality of Monaco and on the territory of the European Union.
All orders are subject to acceptance and availability, and the items in your shopping cart are not reserved and may be acquired by other users of the site.
STAN FLEUR MONACO SARL offers products for sale that are in stock and available for shipment from our distribution center.
At certain times, however, the company STAN FLEUR MONACO SARL may be waiting for shipment from its suppliers.
Thus, the company STAN FLEUR MONACO SARL will be able to offer to the Customer the possibility of making an advance payment for certain articles and in this case this one is able to make orders of advance purchase for stocks which were envisaged for delivery and which our suppliers did not deliver yet.
The customer’s rights regarding advance purchases are identical to any other purchase from STAN FLEUR MONACO SARL.
Also, the Customer has the possibility to communicate his email address in order to be warned of the availability of a product not held in stock.
The articles received in stock have the possibility of being pre-allocated to honor the orders of anticipated payment and the customer carrying out anticipated payments will receive the articles in priority compared to the customer registered on the waiting list or the customer having placed order on the site for an immediate delivery.
Due to production problems or quality control issues discovered when we receive an order in stock, STAN FLEUR MONACO SARL may not be able to supply the product selected by prepayment.
In this case, the company STAN FLEUR MONACO SARL will notify by email the Customer and will refund the advance payment on his credit/debit card within thirty (30) days after being notified that the product has become unavailable.
If the Customer has communicated his email address in order to be notified of the availability of a specific product presented on our site, the company STAN FLEUR MONACO SARL will try to notify him by email within 48 hours that this product has become available on the site.
The company STAN FLEUR MONACO SARL draws the attention of the Customer that certain products which are particularly required could be entirely sold during this period.
The company STAN FLEUR MONACO SARL will keep a trace of the transactions during a period of one year minimum.
As an alternative to the online sale on the website, the customer can place his order by contacting our customer service, by email, by phone and by post.
Because of the perishable nature of the products sold on the site, the company STAN FLEUR MONACO SARL reserves the right to refuse or cancel any order which it would seem difficult to honor and to satisfy the Customer adequately.
6) ADDITION OF A MESSAGE CARD TO THE PRODUCT OFFERED FOR SALE ON THE SITE
The site of the company STAN FLEUR MONACO SARL offers the Customer to mention in writing, at the time of the order, a message whose content will be transcribed by our staff on a message card that will be added to a floral composition that would be ordered.
This service is only offered to people ordering at least one floral arrangement, whether cut or potted flowers.
As this is a free service, in the event of an error or omission in the transcription of the word, the Customer will not be able to claim compensation, refuse or cancel the order even if the error or omission is noted at the time of delivery.
7) SALE PRICES
The prices indicated on this site are in Euros and include VAT at the rate in force at the time of purchase.
These prices are valid for all shipments within the European Union.
The price of a product in Euros indicated on the site at the time of the order is accepted and will be honored except in case of obvious error.
The prices of the products are fixed at the beginning of each year in January.
However, said prices are subject to change for any reason at any time.
All prices are valid until new prices appear, except for offers or special offers with a defined time frame.
In these cases the prices for these offers or special offers will not be modified until the determined period has elapsed.
8) ACCEPTANCE OF THE ORDER
Once the choice has been made and the order has been placed, the Customer will receive a confirmation email with the details of the order.
This email does NOT constitute an acceptance of the order but simply a confirmation that we have received it.
The acceptance of the Customer’s order by the company STAN FLEUR MONACO SARL and the completion of the contract between the Customer and the company STAN FLEUR MONACO SARL will be realized when we will send to the Customer an email indicating that the ordered items have been shipped.
The sales contract is concluded in Monte-Carlo, Principality of Monaco and the language of the contract is French.
We reserve the right not to accept the Customer’s order in the event, for example, that we are unable to obtain payment authorization, that shipping restrictions apply to a particular item, that the item ordered is no longer in stock or does not meet our quality control standards, or that the Customer does not meet the conditions of acquisition expressed in the Terms and Conditions.
We may also refuse to process and therefore accept a transaction for any reason or refuse to serve any person at our discretion.
We are not responsible to anyone for removing merchandise from the Site whether or not the merchandise has been sold, removed, by displaying or editing any material or content on the Site, by refusing to process a transaction or by unwinding or suspending any transaction after processing has begun.
Payment can be made by paypal or by Visa, Visa Electron, Visa Debit, Visa Delta, Master Card, American Express, Maestro debit cards, and any other method that has been clearly stated on the site.
The payment will be debited to the customer’s account at the time of shipment of the order by the company STAN FLEUR MONACO SARL.
The proof of the order price is recorded on the order form.
The Customer will receive a summary email which will serve as proof of payment.
In case of payment by credit card, the Customer confirms :
That the credit/debit card that is used is his/her own.
That he/she has been specifically authorized by the credit/debit card holder to use it.
All credit/debit cardholders are subject to validation and authorization checks by the card issuer.
If your payment card issuer refuses to authorize payment to STAN FLEUR MONACO SARL or STAN FLEUR MONACO SARL’s payment partners, we will not be responsible for any delay or failure to deliver.
We strive to take every measure to ensure that our site is completely secure.
All credit/debit card and Apple Pay transactions on this site are conducted using the Mollie platform https://www.mollie.com/fr, a secure online payment service provider that encrypts your card details in a secure host environment.
If the Customer is registered as a user with STAN FLEUR MONACO SARL, we will securely store the credit/debit card details in our systems.
These credentials will be fully encrypted and used only to process the card transactions that have been initiated.
To ensure the customer a safe, simple and secure purchase, STAN FLEUR MONACO SARL uses 3DSecure technology.
In addition, we take all measures within our power to keep the Customer’s order and payment details secure.
However, in the absence of negligence on our part we will not be held responsible in any way for any loss that the Customer may suffer if a third party gains unauthorized access to such data that the Customer has provided when accessing or ordering from this site.
In the event of unpaid or late payment and/or incident on the bank account, and without the need for a formal notice or any other prior formality, the Customer will automatically owe
A penalty clause equivalent to 20% of the amounts due in rent and accessories.
An interest equivalent to three times the legal interest rate without the need for a formal notice, this clause does not cancel the payability of the debt.
10) ELECTRONIC SIGNATURE
The validation of the order and the resulting payment constitute an electronic signature.
This electronic signature has the value, between the parties, of a handwritten signature.
The company STAN FLEUR MONACO SARL ensures all purchases during the transit period until they are delivered to the delivery address specified by the Customer.
We require a signature for the delivered items and at this point the responsibility for the purchased items becomes that of the Customer.
If the Customer has specified a recipient other than himself (for example for a gift), then he accepts that the proof of signature by him (or at this delivery address) is proof of delivery and performance by the company STAN FLEUR MONACO SARL, and the transfer of responsibility in the same way.
The company STAN FLEUR MONACO SARL aims to ship all orders within two (2) days in the geographical area covered by it, indicated in Article 4, for a cost of 10 Euros.
Orders over 100 Euros are exempt from shipping costs (normal shipping). For express shipments within 24 hours the costs are +++ Euros (express shipment). In these cases, the estimated delivery times are to be used as a guide only and start from the date of shipment. [To be completed]
In the event of a delay in shipment, an e-mail will be sent to inform the Customer of the possible consequence on the delivery time that has been indicated.
The Customer will then have the possibility to cancel the order.
In case of delivery by a carrier, the Customer cannot be held responsible for the delay of delivery exclusively due to his unavailability after several proposals of appointment.
All deliveries must be made in the presence of the delivery person and must be systematically checked for content before signing the delivery note.
In the absence of a delivery note, the order must be refused.
The Customer must indicate on the delivery note and in the form of detailed handwritten reserves, accompanied by his signature, any anomaly concerning the delivery.
The Customer must also confirm the reserves by registered letter with acknowledgement of receipt to the carrier at the latest within two working days following the reception of the parcel and transmit a copy of the letter to the company STAN FLEUR MONACO SARL, 7, rue des Oliviers, 98000 Monaco.
If the products need to be returned, they must be returned within SEVEN (7) DAYS following delivery.
This provision is not applicable to perishable products, the Customer declaring that he/she waives the legal right of withdrawal provided for in article 10 of law number 1.383 of August 2, 2011.
It is imperative to contact beforehand the company STAN FLEUR MONACO SARL (by mail or by phone) to open a file and communication of the number of the return file.
Any claim made outside this period will not be accepted.
12) BREAKAGE DURING SHIPMENT
If a damaged package is delivered to the customer, the customer must refuse it.
The carrier will inform us.
Upon receipt of this information, we undertake to immediately reship to the recipient an identical package within the limits of available stocks.
In no case, the Customer will be able to require the refund of the product and the delivery package.
13) FORCE MAJEURE
In the event of non-performance of a contractual obligation, we shall not be considered to be in default or liable for compensation if the performance of the obligation has been rendered impossible by a case of force majeure.
The said force majeure is understood to be an event that reasonably prevents the performance of the contractual obligation, unforeseeable at the time of the conclusion of this contract, and in particular:
A natural event.
Fire or explosion.
General insurrection, war, acts of terrorism.
Strikes outside the company.
An interruption in collectively managed communication channels or means.
Arbitrary decision of the Monegasque authorities and of the member countries of the European Union, in particular in case of an epidemic.
The above list is not exhaustive.
In the event of the occurrence of such a case of force majeure, we shall endeavour to
Notify the Customer without delay, by email or telephone, of the existence of the force majeure, which will be reported in a detailed manner indicating the foreseeable duration of the event and the measures we have taken or attempted to take to remedy the consequences of the force majeure.
To make our best efforts to find an alternative solution, or in any case to resume the execution of the contract as soon as reasonably possible.
14) RETURNS AND EXCHANGES
In accordance with Article 10 of Law No. 1.383 of August 2, 2011, the Customer has a period of seven (7) clear days to exercise his right of withdrawal.
Due to the perishable nature of certain products sold by the company STAN FLEUR MONACO SARL, the Customer expressly waives the legal right of withdrawal concerning the said perishable flower-based products and given their fagility.
The notice of cancellation of the contract by the exercise of your right of withdrawal must be given in writing to :
STAN FLEUR MONACO SARL
Notice of cancellation of the contract
7, rue des Oliviers
MC – 98000 Monaco
Or by email to: firstname.lastname@example.org.
For orders cancelled under the right of withdrawal, the Customer will be refunded in full including the cost of shipping.
However, the customer must return the entire order to us by secure means to ensure that it is returned to us in good condition, at your own expense.
Cancelled orders must be returned to
STAN FLEUR MONACO SARL
7, rue des Oliviers
MC – 98000 Monaco
All items must be returned unused and in their original condition and packaging from the original country of delivery.
We recommend that the Customer insures the return shipment as he is obliged to take care of the goods and remains responsible for any damage to the goods until we receive them.
In case of dispute, the Customer also recommends to keep the proof of the shipment.
In accordance with Article 10 of Law number 1.383 of August 2, 2011, refunds will be made within thirty (30) days of receipt of his cancellation notice.
If we do not receive the cancelled order, we will arrange for it to be collected from its recipient at the Customer’s expense.
We draw the Customer’s attention to the fact that he can only exercise his right of withdrawal if he gives us formal notice of cancellation in writing within seven (7) working days of receipt of the order, by email or by post as described above, where the right of withdrawal is applicable.
In order to comply with the condition laid down by Ordinance No. 6,701 of December 6, 2017 implementing Article 6 of Law No. 1,383 of August 2, 2011, we inform him that the goods sold on our site do not contain parts essential, to their use, so that there is no period during which the parts essential to their use will be available on the market.
15) INTELLECTUAL PROPERTY RIGHTS
Customer’s use of the Site and its contents does not grant Customer any rights with respect to copyrights, designs, trademarks, and any other intellectual and material property rights relating to the contents (as described in the content section below).
Any reproduction or redistribution of the above is prohibited and may result in civil and criminal penalties.
Without limiting the foregoing, copying and using the materials listed above on any other server, location or medium for publication, reproduction or distribution is expressly prohibited.
However, the Customer is permitted to make a single copy for the purpose of viewing the content for his/her own personal use.
In addition to the intellectual property rights mentioned above, “Content” is defined as all graphics, photographs, including image rights, sound, music, video, audio or text on this Site.
STAN FLEUR MONACO SARL does not warrant that the functional aspects of the Site or the STANISLAS DUCREUX Content are accurate or error-free or that this Site, the STANISLAS DUCREUX Content or the server that makes it available are free of viruses or other harmful components.
We always recommend that all Internet users use and have installed up-to-date antivirus software.
16) NON-COMMERCIAL USE
This site is to be used strictly for your personal, non-commercial use only.
STAN FLEUR MONACO SARL prohibits the Customer from modifying, performing, reproducing, publishing, licensing, commercially exploiting, creating derivative works from, transferring or selling any content, software, products or services contained in this Site.
The Customer shall not use this Site or any part of its content for commercial purposes including any advertising on your own Site.
17) LIMITATION OF LIABILITY FOR MATERIAL DAMAGES RELATED TO THE USE OF OUR SITE
Our website cannot be held responsible for material damages related to the use of the site.
Moreover, the Customer agrees to access the site using recent equipment, free of viruses and with a last generation browser updated.
We cannot be held responsible for direct and indirect damage caused to the Customer’s equipment when accessing our site, and resulting either from the use of equipment that does not meet the specifications indicated above, or from the appearance of a bug or an incompatibility.
18) CUSTOMER’S ACTIVITY
Customer agrees to be personally responsible for its use of this Site and for all of your communications and activities on this Site.
19) THIRD PARTY SITES
We may include hyperlinks on this site to other websites or resources operated by parties other than STAN FLEUR MONACO SARL, including advertisers.
STAN FLEUR MONACO SARL has not reviewed all of the sites linked to its website and is not responsible for the content or accuracy of any off-site pages and is not responsible for the availability of such external websites, and does not endorse and is not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites.
20) CUSTOMER’S RIGHTS
In the event that the customer no longer agrees with the principle of storing his personal data or if the data has become inaccurate, we will take appropriate action within the framework of the legal provisions regarding the deletion, correction or protection of the data.
Upon request, the customer will be given free access to all personal data stored by us.
For any request for the collection, processing or use of your personal data, for any information, correction, protection or deletion of data, the Customer should contact
STAN FLEUR MONACO SARL
7, rue des Oliviers
MC – 98000 Monaco
Insofar as we refer to third-party websites or redirect from our website, we cannot guarantee or be held responsible for the completeness of the content or the data security of these websites.
As we have no influence on third parties with regard to compliance with the legal provisions on the protection of personal data, the customer should always consult the proposed privacy statements on data protection.
21) OUR RELATIONSHIP
The Customer acknowledges and agrees that no joint venture, partnership, employment or agency relationship exists between the Customer and STAN FLEUR MONACO SARL as a result of the Terms and Conditions or the use of this Site.
Customer agrees that it cannot and will not hold itself out as a representative, agent or employee of STAN FLEUR MONACO SARL, and that STAN FLEUR MONACO SARL shall not be liable for any representation, act or omission by you.
22) ABSENCE OF RENUNCIATION
If the Customer breaches the Terms and Conditions and we take no action against him, we shall still have the right to use all our rights and remedies in any other situation where the Customer breaches the Terms and Conditions.
23) INFORMATION TECHNOLOGY AND FREEDOM
In accordance with article 2 and article 6 of the law number 1.165 of December 23, 1993, modified by the law number 1.353 of December 4, 2008, regulating the processing of personal information, the present site has been declared to the President of the Commission for the Control of Personal Information of Monaco for the implementation of data processing.
In the event of the commencement of negotiations, the conclusion, termination and cancellation of a sales contract, we collect, store and process data in accordance with the legal provisions.
When you visit our online offer, the IP address currently used by your computer, the date and time, the type of browser and the operating system of your computer as well as the pages that the customer has visited are stored.
However, we are unable to make any inferences about personal data and have no intention of doing so.
In accordance with the provisions of Law No. 1.165 of December 23, 1993, the personal data that the Customer is asked to provide on this site are processed and stored in conditions designed to ensure the security of information
Thus, the data relating to the persons which are communicated to us for example at the time of an order or by email (such as the name of the Customer and its co-ordinates) are treated only to correspond with the Customer and only for the purpose for which the Customer entrusted them to us.
We only pass on data to the shipping company responsible for delivery insofar as this is necessary for the delivery of the products. In order to execute the payment, we pass on the customer’s payment data to the credit institution responsible for the payment.
We guarantee that the customer’s personal data will not be passed on to third parties unless we are obliged to do so by law or the customer has expressly agreed to this.
Personal data provided to us through our website will be kept only until the purpose of the contract for which the customer provided the data has been fulfilled and for a minimum of one year.
Due to the need to comply with commercial and fiscal filing deadlines, certain data may be kept for a maximum of 10 years.
24) APPLICABLE LAW
The General Conditions of Sale together with all our policies and procedures shall be governed by and construed in accordance with the appropriate law of Monte Carlo and the courts of the Principality of Monaco shall have exclusive jurisdiction.
Anyone ordering through the website is deemed to be purchasing in Monaco and is therefore subject to Monegasque law.
Thus the Courts of the Principality of Monaco will have jurisdiction in case of dispute or litigation of any kind. This clause applies even in case of summary proceedings, incidental demand or plurality of defendants.