Terms of Sale

General Terms and Conditions of Sale

General Conditions of Sale (GCS)

These General Conditions of Sale (“GCS”) apply, without restriction or reservation, to all sales of products (“Products”) concluded on the website www.fiorealeufc.com.

The GTC specify in particular the conditions for ordering, payment, delivery and management of any returns of products ordered by customers.

For the purposes of these Terms, it is agreed that Customer and DCMP will be collectively referred to as the “Parties” and individually as a “Party”.

The GTC apply to the exclusion of any other conditions, in particular those applicable to other distribution and marketing channels.

These GTC are accessible at any time on the website and will prevail, if necessary, over any other version or any other contradictory document.

The Customer declares to have read these GTC and all the information listed in Article L. 221-5 of the Consumer Code and to have accepted said information and the GTC when creating an account on fiorealeufc.com before implementing the online order validation process.

FIORÉALE products are intended exclusively for sale to final consumers, whether natural or legal persons, excluding any reseller or intermediary acting on behalf of resellers. Consequently, the Customer declares that he or she acts as a final consumer and does not intend to resell the FIORÉALE Products, directly or indirectly, for commercial purposes, which constitutes an essential condition for FIORÉALE.

Client certifies that he/she has the legal capacity to contract and assume the commitments foreseen by these conditions.

These GTC may be subject to subsequent changes, and the version applicable to the Customer's purchase is the one in force on the website at the time of the order.

Unless proven otherwise, the data recorded in the FIORÉALE computer system constitute proof of all transactions concluded with the Customer.

Customer acknowledges having the necessary capacity to contract and purchase the products offered on the site.

ARTICLE 1 • PRODUCTS
The products offered for sale by FIORÉALE are those listed on the site at the time of consultation by the Customer.

In accordance with Article L. 111-1 of the Consumer Code, the Customer may, before placing an order, consult the site to find out the essential characteristics of the product or products he wishes to order by clicking on the link corresponding to the product. Each product has a description sheet that includes, among other things: the price, the available colors, the composition and any specific characteristics. There may be slight differences between a product and its photograph, due in particular to the resolution and color definition of the user's screen.

FIORÉALE undertakes to deliver products that comply with applicable health and safety regulations, in accordance with European provisions, in particular with regard to regulated chemical substances.

FIORÉALE reserves the right to modify the list and ranges of products at any time.

Product offers are subject to availability, as specified at the time of ordering, and are valid, unless otherwise indicated, as long as the products are listed on the site.

Specific provisions for pre-orders
pre-order refers to the possibility for the Customer to reserve certain Products identified on the site before the date of marketing (hereinafter referred to as "Pre-order" or "Pre-ordered Product").

Specific provisions for customized or tailor-made products
Personalization refers to the possibility for the Customer to adapt or personalize certain Products from the FIORÉALE collections (hereinafter referred to as "Personalization" or "Personalized Product").

Product Availability
Product offers are valid within the limits of available stock. At the time of order validation, there may be a discrepancy between the electronically available stock and the physical stock (for example, in the case of simultaneous orders of the same product by several customers). Consequently, the sale is subject to the availability of the Products in stock.

Furthermore, FIORÉALE retains ownership of the Products until payment is received as provided for in Article 3 below. The availability date of a Pre-ordered Product or a Personalized or made-to-measure Product will be expressly indicated on the product sheet. In the event of a change in the availability date, you will be immediately informed by email and/or via your customer account.

If a Product becomes unavailable after you have placed your order, we will inform you by email or telephone as soon as possible, giving you the option of ordering another Product displayed on the site as a substitute or cancelling your order.

FIORÉALE cannot be held responsible in case of out of stock or unavailability of the Products.

FIORÉALE reserves the right to modify the Products offered on the site and/or by telephone at any time and without notice.

To ensure better quality of service and availability of our Products for all customers, FIORÉALE reserves the right to limit the quantity of Products that a customer can purchase, in accordance with the applicable provisions, in particular those of Article L. 121-11 of the Consumer Code.

ARTICLE 2 • PRICES
In accordance with Article L. 112-1 of the Consumer Code, the selling prices of the products are indicated, for each product, on the site in euros and inclusive of all taxes. The prices applicable for the sale of products on the site are those in force on the day the customer places the order.

In case of special orders or customized products, FIORÉALE will send the Customer a quote before the order is placed.

If the quote is accepted, the Customer will place the order as set out in Article 3 below.

Prices do not include delivery costs, which are charged in addition to the price of the products purchased and are indicated to the Customer before the order is validated. Delivery costs are communicated to the Customer in the order summary before final validation and are inclusive of all taxes.

The risk of loss and deterioration of the products will be transferred after delivery and receipt of the products by the customer.

ARTICLE 3 • ORDERING AND PAYMENT OF PRODUCTS
1. Placing the Order

The customer places the order by completing the following five steps:

  • Step 1: The customer selects the desired product(s) and adds them to their virtual “cart” after choosing the desired color. The cart, located in the upper right corner of the screen, informs the customer that their selections have been recorded, indicating the number of products present.
  • Step 2: The customer checks the contents of the cart by clicking on “Proceed to checkout” to access the order summary. At this point, the customer can modify the order (product, quantity).
  • Step 3: Once the order has been verified and, if necessary, modified, the customer confirms the cart to finalize the order by clicking on “Proceed to payment”. If the customer has a discount code issued by FIORÉALE, he/she must enter it in the designated field to use it.
  • Step 4: The customer enters shipping and billing information, thus creating their customer account. All fields are mandatory to finalize the order. Unless otherwise indicated by the customer, the billing address will automatically be the one indicated as the shipping address.
  • Step 5: The customer enters their payment information. Payment is made online via credit card or PayPal.

Once the payment is accepted, the customer will be redirected to an order confirmation screen on the site. In the event of payment failure, the customer will have up to three attempts to re-enter the payment details. After the third refusal, the customer will be redirected to a screen informing him of the refusal of the payment and will be invited to contact FIORÉALE customer service to understand the reasons and find a solution to finalize the order.

2. Order Confirmation

Once payment is accepted, the customer will receive an order confirmation email, containing a summary of all items ordered, the billing address and the delivery address.

FIORÉALE reserves the right not to validate the order for legitimate reasons, including:

  • Abnormal or abusive complaints,
  • Anomalous orders in relation to the quantities ordered,
  • Abnormal or abusive exchanges and returns,
  • Existing disputes with the customer,
  • Stock errors.

FIORÉALE customer service is available for any questions regarding your order via email at: fioreale.ofc@gmail.com

3. Payment

The price of the products purchased is payable in full on the day the customer places the order. Payment is made online by credit card (Visa, Mastercard, American Express) or PayPal at the time of validation of the order.

FIORÉALE uses Shopify Payments, a subsidiary of Shopify Inc., as its payment system provider, ensuring the security of transactions.

All payment information is encrypted using the SSL (Secure Socket Layer) protocol and cannot be detected, intercepted or used by third parties. At no time do the customer's bank details pass through the FIORÉALE computer system.

4. Archiving of the Order

The order confirmation is recorded on FIORÉALE's servers and constitutes proof of the contractual relations between the Parties.

ARTICLE 4 • DELIVERY

FIORÉALE delivers orders accompanied by a delivery note within a period of seven (7) to fifteen (15) working days for deliveries in metropolitan France and eight (8) to twenty (20) working days for deliveries in Belgium, Luxembourg and the rest of Europe, starting from the day after receiving payment for the order, except for special orders for which FIORÉALE will inform the customer of the specific delivery times.

During sales periods, package preparation and delivery times may be extended. We thank you for your patience and understanding.

Any order placed on the site from Monday to Friday before 2:00 p.m. will be processed the same day; from Monday to Thursday after 2:00 p.m., it will be processed the following day. Any order placed on Friday after 2:00 p.m., on Saturday or Sunday will be processed the following Monday; orders placed on a public holiday will be processed the next working day.

Except for special or custom orders, if the delivery time exceeds thirty (30) days beyond the delivery time indicated in the order confirmation and is not justified by force majeure, the customer may request the resolution of the sale and obtain reimbursement of the amounts paid within a maximum period of twenty (20) days from receipt of the written request for resolution of the sale.

ARTICLE 5 • RECEIPT OF THE ORDER – COMPLAINTS – RETURNS
1. Receipt of the Order

The customer is required to verify the conformity of the products received at the time of delivery. If the customer finds that the package containing the product or the product itself has been damaged, he is invited to report it on the courier's delivery note.

Any anomaly regarding the delivery, such as:

  • Damaged packages,
  • Missing products,
  • Damaged products,
  • Products not compliant with the order,

must be reported within the legal terms provided after receiving the order.

This notification must be sent to FIORÉALE customer service by registered letter to the following address: FIORÉALE, or by email to the address: fioreale.ofc@gmail.com

ARTICLE 2 • LEGAL GUARANTEES

1. Legal Guarantees
All products are covered by the legal guarantee of conformity provided for in articles L. 217-4 to L. 217-14, L. 411-1 and L. 411-2 of the Consumer Code, and by the legal guarantee against hidden defects provided for in articles 1641 et seq. of the Civil Code.

When the customer acts within the scope of the legal guarantee of conformity:

  • You are exempt from providing proof of the existence of the non-conformity of the product within twenty-four months of delivery,
  • You have two years from delivery to act,
  • You can choose between repair or replacement of the product, subject to certain cost conditions provided for in Articles L. 217-9 et seq. of the Consumer Code.

The legal guarantee of conformity applies independently of any commercial guarantee that may be offered.

The customer may decide to apply the guarantee against hidden defects of the goods sold pursuant to Article 1641 of the Civil Code. In this case, the customer may choose between canceling the sale or reducing the sale price pursuant to Article 1644 of the Civil Code.

2. Return of Non-Conforming Products
For any return of non-compliant products, the customer must follow the following procedure:

  • The customer must include the order number in the package.
  • No returns will be accepted without the order number and without a previously made return request.
  • Products must be returned in the original packaging (where possible) or in packaging that protects the product from damage, with the label and all accessories that allow it to be resold as new.
  • Shipping costs are at the customer's expense, except in the case of a product defect. In the case of a defect in our product: the customer must return the product at his own expense, but the return costs will be refunded up to a maximum of 5 euros, added to the total refund of the product.

When the non-conformity is confirmed, FIORÉALE will offer the customer a refund of the price of the order (price of the products and delivery costs) within fourteen (14) days from the date of notification of the confirmation of the non-conformity by FIORÉALE customer service.

In the event of abnormal or abusive complaints, FIORÉALE reserves the right to refuse a future order.

ARTICLE 6 • RIGHT OF WITHDRAWAL

1. Right and Period of Withdrawal
The customer has a legal right of withdrawal, which he can exercise under the conditions set out in Articles L221-18 and L221-20 of the Consumer Code, if he meets the conditions set out in these provisions, without having to justify his reasons or pay penalties.

The customer can withdraw within fourteen days from the date of delivery of the products, without having to justify his reasons and without having to pay penalties.

2. Methods of Exercising the Right of Withdrawal
The customer can exercise his right of withdrawal by contacting our customer service or using the withdrawal form available in the appendix to these General Conditions of Sale.

3. Limitations to the Right of Withdrawal
In accordance with Article L. 221-28 3° of the Consumer Code, the right of withdrawal cannot be exercised for orders of personalized products or products made to measure, unless such products are returned for defects.

ARTICLE 7 • CUSTOMER SERVICE
FIORÉALE has a customer service ("After-Sales Service") responsible for repairs or replacements, in particular in the context of the application of the Legal Guarantee. For any request, the customer must contact the After-Sales Service by email at fioreale.ofc@gmail.com providing photos of the products and proof of purchase.

ARTICLE 8 • PERSONAL DATA
FIORÉALE collects some information necessary for order processing. This data is required not only to process the customer's order, but also to communicate information about FIORÉALE and to provide commercial offers if the customer agrees when validating the order.

In accordance with the GDPR, the customer has the right to access, rectify, limit, modify, delete and transfer their personal data.

For any request, the customer can write to FIORÉALE by email at: fiorealeufc@gmail.com

ARTICLE 9 • COOKIES
FIORÉALE uses cookies to process the customer's order and to personalize the services offered on the site. Cookies store, during the customer's visit to the site, his identity (thanks to his email address and password) and the contents of his cart.

ARTICLE 10 • INTELLECTUAL PROPERTY
All elements of the site, including domain names, logos, texts, images, graphics, are protected by intellectual property rights and remain the property of FIORÉALE. Any reproduction or use is prohibited without prior authorization.

ARTICLE 11 • LIMITATION OF LIABILITY
FIORÉALE undertakes to respect the obligations of the sales contract with the customer. However, FIORÉALE cannot be held responsible for non-fulfilment or poor performance due to the customer, an unforeseeable event or force majeure.

ARTICLE 12 • FORCE MAJEURE
FIORÉALE will not be liable for non-performance due to an event constituting force majeure. In such case, the order will be cancelled and the refund will be made within thirty (30) days.

ARTICLE 13 • APPLICABLE LAW
The General Conditions of Sale are governed by French law. In the event of a dispute, the customer will first seek an amicable solution with FIORÉALE.