Terms and Conditions of Sale

Article 1 – Seller identification

This online sales website is operated by:

• Business name: Poésie Fleurie – Léa Victoria CORTES
• Status: Sole proprietorship, artisan florist
• French trade register number: 842 745 754 00031
• Address: 151 Avenue de Castres, 31500 Toulouse, France
• Phone: +33 6 11 58 13 37
• Email: atelier.poesiefleurie@gmail.com

Hereinafter referred to as the “Seller” or “Poésie Fleurie”.

Article 2 – Scope

These Terms and Conditions of Sale apply to any order placed by a consumer on the website www.poesiefleurie.com.

They exclusively govern the contractual relationship between Poésie Fleurie and the Client. The Client confirms having read and accepted these terms without reservation before completing the order. Acceptance is confirmed by ticking the checkbox provided during checkout.

Poésie Fleurie may update these terms at any time. The applicable terms are those in force on the order date.

Article 3 – Products

Poésie Fleurie sells handmade floral compositions, including bouquets, arrangements and wreaths, made from fresh cut flowers and natural plant materials.

These products are perishable goods with a naturally limited lifespan. Photos and descriptions on the website are indicative: the delivered or collected floral composition may vary depending on arrivals and variety availability, while respecting the spirit of the selected creation, including colour range, style and volume.

Poésie Fleurie undertakes to offer only available products and to inform the Client as soon as possible if an item becomes unavailable after order confirmation.

Article 4 – Prices

Prices shown on the website are in euros (€), inclusive of all applicable taxes. As a sole proprietorship under the French VAT exemption scheme provided by Article 293 B of the French General Tax Code, Poésie Fleurie does not collect VAT; prices are therefore net of VAT.

Delivery fees, where applicable, are shown separately before final order confirmation and are payable by the Client.

Poésie Fleurie may change its prices at any time. The invoiced prices are those displayed on the website when the order is confirmed.

Article 5 – Order

5.1 Order process

The Client selects the desired products, chooses the reception method, delivery or studio pickup, selects the requested date, fills in personal information and proceeds with payment. The order is definitively registered only after payment validation by the payment provider.

5.2 Order confirmation

A confirmation email summarizing the order details and the total amount paid is sent to the email address provided during checkout. The Client is invited to check spam folders if this email is not received within one hour.

5.3 Modification or cancellation

Due to the perishable nature of the products and the handmade preparation started upon confirmation, any request for modification or cancellation must be made within 24 hours after order validation, by email at atelier.poesiefleurie@gmail.com or by phone at +33 6 11 58 13 37. After this period, the order is considered firm and final and cannot be cancelled or refunded, except in case of failure by the Seller to fulfil contractual obligations.

Article 6 – Payment

Payment is made online at the time of order through the secure Stripe platform. Accepted payment methods include bank cards such as Visa, Mastercard and American Express, and any other method offered by Stripe during checkout.

The Client’s bank details are sent directly to Stripe and never pass through Poésie Fleurie’s servers. The transaction is secured by TLS encryption and strong 3D Secure authentication in accordance with the European PSD2 directive.

The amount is debited when the order is definitively confirmed. Ownership of the products is transferred to the Client after full payment.

Article 7 – Delivery and pickup

7.1 Available reception methods

During checkout, the Client chooses between:

• Studio pickup: at 151 Avenue de Castres, 31500 Toulouse, at the time agreed during the order.
• Home delivery: within the geographical areas specified on the website, during available time slots shown during checkout.

7.2 Date and time slot

The Client selects the desired date and, where applicable, time slot among those available. Poésie Fleurie undertakes to use its best efforts to respect this slot. In case of exceptional impediment, the Client will be contacted as soon as possible.

7.3 Absence upon delivery

If the Client is absent upon delivery and the order cannot be left safely, Poésie Fleurie will contact the Client to arrange a new attempt. Any second delivery fees will be borne by the Client.

7.4 Receipt and verification

The Client is invited to check the order condition upon receipt. Any anomaly, missing product or composition significantly different from the description, must be reported within 24 hours after receipt by email at atelier.poesiefleurie@gmail.com, with a photo where possible.

Article 9 – Legal guarantees

The absence of a right of withdrawal does not deprive the Client of the following legal guarantees.

9.1 Legal guarantee of conformity

Under Articles L217-4 to L217-16 of the French Consumer Code, Poésie Fleurie must deliver goods that conform to the contract. A product is considered non-compliant if it does not match the description provided at the time of order, for example a radically different composition or a product damaged during delivery due to the Seller.

Given the very limited life of fresh cut flowers, any non-conformity claim must be made within 24 hours after receipt of the product, with photos allowing the defect to be objectively assessed.

In case of proven non-conformity reported within this period, Poésie Fleurie will offer, at its discretion, replacement of the product or a partial or full refund depending on the circumstances.

9.2 Guarantee against hidden defects

Under Articles 1641 to 1649 of the French Civil Code, the Client benefits from the guarantee against hidden defects that make the product unfit for its intended use or so reduce its use that the Client would not have purchased it, or would have paid a lower price, had they known. This guarantee, while theoretically applicable, has limited practical scope for fresh floral products, which are by nature short-lived.

Article 10 – Liability

Poésie Fleurie undertakes to take the greatest care in creating and delivering its floral creations. However, its liability cannot be engaged in the following cases:

• Natural deterioration of cut flowers due to their inherent perishable nature after receipt and under normal storage conditions.
• Incorrect information provided by the Client, such as wrong delivery address or unreported absence.
• Delay or impossibility of delivery caused by force majeure, see Article 11.
• Variations in shade or composition caused by floral supply uncertainties, provided the general spirit of the creation is respected.

In any event, Poésie Fleurie’s liability is limited to the amount of the relevant order.

Article 11 – Force majeure

Poésie Fleurie cannot be held liable for failure to perform contractual obligations resulting from an unforeseeable, irresistible and external event within the meaning of Article 1218 of the French Civil Code: natural disaster, general transport strike, total floral supply disruption outside the Seller’s control, or any other event equivalent to force majeure.

In such a situation, Poésie Fleurie undertakes to inform the Client as soon as possible and to offer either postponement of the order to a later date or a full refund of sums paid.

Article 12 – Personal data

Personal data collected during the order, including name, address, email and phone number, is necessary for processing and fulfilling the order. It is processed by Poésie Fleurie as data controller, in accordance with Regulation (EU) 2016/679 (GDPR) and French Data Protection Act No. 78-17 of January 6, 1978.

For proof of acceptance of these terms, the Client’s IP address is collected when the order is validated. This processing is based on the Seller’s legitimate interest in retaining contractual evidence and is proportionate to that purpose.

Data is not resold or transferred to third parties, except service providers strictly necessary for fulfilling the order, such as Stripe for payment and transactional email providers.

The Client has rights of access, rectification, erasure, restriction and portability, which may be exercised by email at atelier.poesiefleurie@gmail.com. The Client may also lodge a complaint with the CNIL at www.cnil.fr.

Data is retained for the time necessary to process and follow up the order, then archived in accordance with applicable legal obligations, including 5 years for accounting data.

Article 13 – Customer service and complaints

For any question, complaint or dispute relating to an order, the Client is invited to contact Poésie Fleurie first:

• By email: atelier.poesiefleurie@gmail.com
• By phone: +33 6 11 58 13 37

Poésie Fleurie undertakes to process any complaint within 5 business days from receipt.

Article 14 – Consumer dispute mediation

In accordance with Articles L616-1 and R616-1 of the French Consumer Code, Poésie Fleurie offers its clients, in case of an unresolved amicable dispute, access to a consumer mediator.

The competent mediator is CM2C (Centre de Médiation de la Consommation de Conciliateurs de Justice), accessible at www.cm2c.net.

Referral to the mediator must occur within one year from the written complaint addressed to the Seller. Mediation is free for the consumer.

The Client may also use the European online dispute resolution platform, available at ec.europa.eu/consumers/odr.

Article 15 – Governing law and competent jurisdiction

These terms are governed by French law. In the event of a dispute persisting after an attempt at amicable resolution and, where applicable, mediation, French courts shall have sole jurisdiction.

In accordance with Article R631-3 of the French Consumer Code, the consumer Client may choose to bring proceedings before the court of the place where they lived when the contract was concluded, the place where the harmful event occurred, or one of the territorially competent courts under the French Code of Civil Procedure.