Terms and Conditions
PLEIN AIR
General Terms and Conditions of Sale
Company name: EIRL Claire Perrin - Registered office: 12, avenue de Verdun, 64200 Biarritz, France - RCS: Bayonne, SIREN no. — 813 653 946 - SIRET number: 813 653 946 00018 - Intra-community VAT number: FR15813653946 - Telephone: 05 59 23 72 34 - Email: contact@pleinair-fleuriste.com
Publication Director: Claire Perrin
Website Host: Shopify International Limited, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland.
Article 2 — Purpose and Scope
These General Terms and Conditions of Sale (hereinafter “GTC”) govern, without restriction or reservation, all distance sales concluded via the Site between Plein Air (hereinafter “the Seller”) and any non-commercial natural person (hereinafter “the Client” or “the Buyer”) wishing to purchase the products offered for sale.
The GTC also apply to sales made in-store for matters not specifically governed by the practices applicable to retail trade.
Any order placed on the Site implies the Client's full and complete acceptance of these GTC. The Seller reserves the right to modify the GTC at any time; the applicable conditions are those in force on the date of the order.
Article 3 — Products
The Seller offers for sale bouquets, floral arrangements, plant creations, floral subscriptions, as well as event and professional services on quotation.
The products are described and presented with the greatest possible accuracy. However, as flowers are natural, living, and seasonal products, the varieties, colors, and volumes actually delivered may differ slightly from the illustrative photographs. The Seller undertakes to respect the spirit, palette, and quality of each creation presented.
Product offers are valid as long as they are visible on the Site, within the limits of available stock and arrivals.
Article 4 — Order
The Client places an order by following the online process: product selection, choice of size and options, adding to cart, identification, choice of delivery or pickup method, validation, and payment.
The order is only final after payment has been accepted. The Seller then sends a confirmation email summarizing the essential elements (product, price, delivery).
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute concerning the payment of a previous order, or for any other legitimate reason, particularly in the event of unavailability of a specific floral variety.
Article 5 — Price
The prices of the products are indicated in euros, all taxes included (TTC), excluding delivery charges. Delivery charges are specified before order validation.
The Seller reserves the right to modify its prices at any time; products will be invoiced based on the rates in force at the time of order validation.
Event and professional services are subject to a personalized quote, valid for 30 days from its issue, unless otherwise specified.
Article 6 — Payment Methods
Payment is made online, at the time of order, by the following means: credit card (Visa, Mastercard, American Express), Apple Pay, Google Pay, and other digital wallets available via Shopify Payments.
Transactions are secured by the Shopify Payments provider, compliant with the PCI-DSS standard. No banking data is stored by the Seller.
For professional or event services, specific terms (down payment, installments) are specified in the quote.
Article 7 — Delivery
7.1 Delivery Zones
The Seller only delivers on the Basque coast and more precisely in the municipalities of Biarritz, Anglet, and Bayonne. For nearby areas (from Tarnos to St Jean de Luz, including Villefranque and Bassussarry, Arbonne, Arcangues Bidart and Ahetze), please contact us in-store at 0559237234, and we will inform you of the current rates for these localities.
7.2 Delivery Times
For Biarritz, Anglet, and Bayonne: express delivery possible within 2 hours for any order placed before 2 p.m. subject to availability, otherwise same-day delivery or on the day of your choice, according to the chosen time slot.
Delivery times are indicative. Any delay shall not engage the Seller's liability nor give rise to cancellation, compensation, or retention, except for significant delays attributable to the Seller.
7.3 Delivery Costs
Delivery costs to the municipalities of Biarritz, Anglet, and Bayonne amount to €8.50. For other surrounding destinations, costs are calculated according to distance and communicated to the client by phone before order validation.
7.4 Receipt and Absence of Recipient
In case of absence of the recipient at the time of delivery, the courier attempts to contact them. The bouquet can, according to the Client's instructions, be entrusted to a neighbor, left in a safe place, or be subject to a new delivery attempt (which may incur additional costs).
As flowers are perishable products, the Seller cannot be held responsible for any deterioration resulting from a delay or absence attributable to the recipient.
7.5 Click & Collect
In-store pickup is offered for any order placed before 2 p.m., retrievable the same day or according to the time slot communicated in your order, at 12, avenue de Verdun, 64200 Biarritz, during opening hours.
Article 8 — Right of Withdrawal
In accordance with article L221-28 3° of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods liable to deteriorate or expire rapidly. Fresh flowers and floral arrangements falling into this category, the Client does not have a right of withdrawal for these products.
This exclusion does not affect applicable legal guarantees (see article 9).
Article 9 — Legal Guarantees and Complaints
Notwithstanding the commitments made by the Seller, the Client benefits from the following legal guarantees:
— Legal guarantee of conformity (articles L217-3 et seq. of the Consumer Code): the Seller delivers goods conforming to the contract and is liable for any lack of conformity existing at the time of delivery;
— Guarantee against hidden defects (articles 1641 et seq. of the Civil Code): the Seller is liable for hidden defects rendering the goods unfit for their intended use.
Any complaint regarding the quality of the product delivered (condition of flowers, error, transport damage) must be addressed to the Seller within 24 hours following delivery, accompanied by photographs, by email to contact@pleinair-fleuriste.com or by phone at 05 59 23 72 34.
Depending on the situation, the Seller will offer a replacement, a full or partial refund, or a commercial gesture.
Article 10 — Liability
The Seller's liability cannot be engaged for any damage resulting from a case of force majeure, from the fault of the Client (in particular address error, recipient's phone number error, prolonged absence of the recipient, lack of maintenance of the delivered flowers) or from the unforeseeable and insurmountable act of a third party.
The Seller's liability is, in any event, limited to the amount of the order concerned.
Article 11 — Personal Data
Personal data collected in the context of orders is processed by the Seller, as data controller, for the purposes of order management, deliveries, invoicing, customer service, commercial prospecting (with consent), and compliance with legal obligations.
In accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act, the Client has the right to access, rectify, erase, limit, portability, and object to their data. These rights can be exercised at any time by email to contact@pleinair-fleuriste.com or by mail to the registered office address.
Data is retained for the period necessary for the purpose of processing, then archived in accordance with legal obligations. The Client also has the right to lodge a complaint with the CNIL (www.cnil.fr).
Article 12 — Intellectual Property
All elements of the Site (texts, photographs, illustrations, logos, graphic charter, floral design) are protected by intellectual property law and remain the exclusive property of the Seller or its partners. Any reproduction, representation, or exploitation, total or partial, without prior written authorization is prohibited.
Article 13 — Applicable Law and Competent Jurisdiction
These GTC are subject to French law. In the absence of an amicable resolution, any dispute relating to their interpretation or execution will fall under the competent French courts in accordance with common law rules.
Article 145 — Acceptance
The validation of the order by the Client constitutes unreserved acceptance of these General Terms and Conditions of Sale. The Client acknowledges having read them prior to ordering and declares to accept them in their entirety.
