The contract will be considered terminated on receipt by the professional of the letter or writing
informing him of this termination, unless the professional has performed in the meantime (C. consom.
art. L 138-2, al. 2). Termination is immediate when :
- the professional refuses to deliver the goods or provide the service ;
- the contractual date or timeframe that has been breached constitutes an essential condition of the
contract for the consumer. This may be inferred from the circumstances surrounding the conclusion of
the contract, or may result from an express request made by the consumer prior to the conclusion of
the contract.
When the contract has been cancelled in application of article L 138-2, the professional will be obliged
to reimburse the consumer for all sums paid, at the latest within fourteen days of the date of
cancellation of the contract (C. consom. art. L 138-3).

In the event of late reimbursement, surcharges will be applied: 10% if reimbursement is made within
thirty days, 20% if reimbursement is made within sixty days, and 50% if reimbursement is made after
sixty days.
In accordance with the principles of contractual freedom, all methods of providing the services
requested are more or less possible.
The Services ordered by the Customer will be provided on the date indicated on the quotation as from
the final validation of the Customer's order, under the conditions set out in these General Terms and
Conditions of Sale, at the address indicated by the Customer when placing the order.
The Service Provider undertakes to use its best endeavours to supply the Services ordered by the
Customer within the time limits specified above.
The Services may be provided at any other location designated by the Customer, but will be subject to
a new quotation, at the Customer's exclusive expense.
Likewise, in the event of a specific request from the Customer concerning the conditions of supply of
the Services, duly accepted in writing by the Service Provider, the related costs will be subject to
specific additional invoicing at a later date.
CAPUCINE ATELIER FLORAL may offer to lend objects and equipment to the Customer on
payment of a deposit. In this case, the objects and equipment loaned are the responsibility of the
Customer until they are returned to CAPUCINE ATELIER FLORAL. The equipment provided will be
inventoried on a list handed over on the day of the wedding installation. Theft, breakage, loss or
deterioration of objects and materials will be invoiced extra.
In the absence of reservations or complaints expressly made by the Customer at the time of provision
of the Services, the latter will be deemed to conform to the order, in quantity and quality. All
complaints must be justified by "factual" arguments; complaints with subjective arguments will not be
accepted.
Products ordered or acquired by the Customer in the case of immediate purchase will be delivered in
metropolitan France and neighbouring countries to the address indicated by the Customer at the time
of purchase or order, or collected directly from the Atelier by the Customer under his/her
responsibility.
In the event of a special request by the Customer concerning the packaging or transport conditions of
the Products ordered, duly accepted in writing by the Vendor, the related costs will be subject to
specific additional invoicing, on the basis of an estimate previously accepted in writing by the
Customer.
Except in the case of special circumstances or the unavailability of one or more Products, the Products
and Services ordered will be delivered in a single shipment.

The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within
the times and conditions specified in the quotation.

In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in
accordance with the provisions of article 1195 of the French Civil Code, the Party which has not
agreed to assume the risk of excessively onerous performance may request renegotiation of the
contract from its co-contractor.
However, if the change in circumstances unforeseeable at the time of conclusion of the contract is
definitive or persists for more than two months, the present contract will be purely and simply
terminated in accordance with the terms defined in the article "Termination for unforeseeability".

Any sum paid in advance of the price, deposit or advance payment, shall bear interest at the legal rate
from the expiry of a period of three months from the date of payment until the date of delivery or
performance of the service (art. L214-2).
A deposit corresponding to 50% of the total purchase price of the Products and/or Services ordered is
required when the Customer places the order or reserves the date of the Service. The balance of the
price must be paid no later than 30 days before the date of the service, on presentation of the invoice,
by bank transfer. International bank charges for bank transfers will be charged to the customer. Any

modification of the initial quotation after payment of the balance will be invoiced and payable on
presentation of the invoice.
If payment is made by cheque, it must be issued by a bank domiciled in metropolitan France or
Monaco.
The cheque will be cashed immediately.
The Vendor will not be obliged to deliver the Products ordered by the Customer if the latter does not
pay the price in full in accordance with the above-mentioned conditions.
Payments made by the Customer will not be considered final until the Vendor has received the sums
due.
In the event of late payment and payment of sums due by the Customer beyond the above-mentioned
deadlines, and after the payment date shown on the invoice sent to the Customer, late payment
penalties calculated at the monthly rate of 10% of the Net amount excluding VAT of the purchase
price shown on the said invoice, will be automatically acquired by the Vendor, without any formality
or prior formal notice, and will result in the immediate payment of all sums owed by the Customer,
without prejudice to any other action that the Vendor may be entitled to take against the Customer in
this respect.
In addition, the Vendor reserves the right, in the event of non-compliance with the above payment
conditions, to suspend or cancel the delivery of orders in progress placed by the Customer.
The Customer shall not be charged any additional costs in excess of those incurred by the Vendor for
the use of a means of payment.

Products and Services are supplied at the indicative prices shown on the Vendor's quotation, on the
day of immediate purchase or registration of the order by the Vendor. Prices are expressed in Euros,
net before tax. These prices are indicative and estimated, as they depend on variations in the purchase
price of raw materials, and the Vendor reserves the right to modify prices at any time. If the variation
exceeds 30% of the initial price, the Vendor will make a replacement proposal to remain within the
advertised prices.
An invoice is drawn up by the Vendor and given to the Customer upon collection or delivery of the
Products purchased immediately or ordered.

Orders for Products and immediate purchases are made in the following way: an estimate is drawn up
after the customer has validated the proposals.
Direct sales are considered final only after the Vendor has sent the customer confirmation of
acceptance of the order, and after the Vendor has received payment in full.
Orders for services are only considered definitive by the Service Provider after payment of a deposit of
50% of the total amount of the order. This deposit is definitively acquired by the Service Provider as
soon as the services have begun: the deposit covers the incompressible costs and charges for the
research, reservations and design work required to carry out and finalize the service.
It is the Customer's responsibility to check the accuracy of the order and to report any errors
immediately.
The Vendor does not sell Products to professionals, but only to consumers or non-professionals, for
their personal needs. The Seller therefore reserves the right to refuse immediate purchases/orders of
the same Product in large quantities.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a
dispute over payment of a previous order.
Cancellation conditions: orders may be cancelled up to 60 days before the event, after which time no
cancellation will be possible. The new date must be confirmed with the Seller. Additional charges may
apply.
In the event of cancellation of the order by the Customer within the time limits indicated above, after
acceptance by the Vendor, for any reason whatsoever, including force majeure, a sum corresponding to
50% of the total amount of the purchase will be retained by the Vendor and invoiced to the Customer,
by way of damages, in compensation for the loss thus suffered. In the event of non-compliance with
cancellation deadlines, the full amount of the order will be due.

The present General Terms and Conditions of Sale apply, without restriction or reserve, to all
sales concluded by CAPUCINE ATELIER FLORAL ("The Vendor") with consumers and
non-professional buyers ("The Customers or the Customer"), wishing to acquire the products
offered for sale by the Vendor ("The Products"):
- Sale of flowers and plants, advice on floral arrangements and decorations, advice on
wedding design, by immediate purchase or by placing an order.
In particular, they specify the conditions for immediate purchase, placing an order, payment,
and delivery of Products ordered by Customers.
The main characteristics of the Products, and in particular the specifications, illustrations and
indications of dimensions or capacity of the Products, are presented in the Vendor's catalogs.
The photographs and graphics presented are not contractual and do not engage the
responsibility of the Vendor. The Customer must refer to the description of each Product in
order to know its properties and essential particularities.
Product offers are subject to availability.
These General Terms and Conditions of Sale apply to the exclusion of all other terms and
conditions, in particular those applicable to sales over the Internet or through other
distribution and marketing channels.
These General Terms and Conditions of Sale are systematically communicated to all
Customers prior to the immediate purchase or placing of an order, and shall prevail, where
applicable, over any other version or any other contradictory document.
The Customer declares that he/she has read and accepted these General Terms and Conditions
of Sale before making an immediate purchase or placing an order. As these General Terms and
Conditions of Sale may be subject to subsequent modifications, the version applicable to the
Customer's purchase is that in force on the date of the immediate purchase or the placing of
the order.
Validation of the order by the Customer implies unreserved acceptance of these General
Terms and Conditions of Sale.
In accordance with the French Data Protection Act of January 6, 1978, reinforced and supplemented by
the RGPD (General Data Protection Regulation) which came into force on May 25, 2018, the Customer
has, at any time, the right to access, rectify, oppose, delete and port all of his/her personal data by writing,
by post and providing proof of his/her identity, to Capucine Atelier Floral 37 rue des Potiers 67660
BETSCHDORF or by email to contact@capucine-atelier-floral.fr.

TERMS AND CONDITIONS OF SALES

The transfer of ownership of the Vendor's Products to the Customer, whether in the case of an
immediate purchase or an order, will take place only after full payment of the price by the Customer,
regardless of the date of delivery of the Products.
Except when the Customer himself collects the Products, in which case the transfer of risks is effected
at the time of handover of the Products ordered by the Vendor to the Customer, whatever the date of
transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto
will only be effected at the time when the Customer takes physical possession of the Products. The
Products therefore travel at the Customer's and the carrier's risk.

The Products offered for sale comply with the regulations in force in France and have performance
levels compatible with non-professional use.

Legal warranties
Products supplied by the Vendor are covered by law and without additional payment, in accordance
with legal provisions,
- the legal guarantee of conformity, for Products which are apparently defective, damaged or do not
correspond to the order or immediate purchase,
- the legal warranty against hidden defects resulting from a material, design or manufacturing defect
affecting the products delivered and rendering them unfit for use, under the conditions and in
accordance with the terms set out in the box below and defined in the appendix to these General Terms
and Conditions of Sale (Warranty of Conformity / Warranty of Hidden Defects).
The Customer is hereby informed that the warranties set out below apply only to non-perishable
products.
The legal warranty of conformity applies independently of any commercial warranty that may cover
the Product. The Customer may decide to invoke the warranty against hidden Product defects in
accordance with article 1641 of the French Civil Code; in this case, the Customer may choose between
rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French
Civil Code.
The Customer, dissatisfied with the Services or the products associating flowers which is intended to
him, must within 24 working hours following the reception, express his criticisms to the company

CAPUCINE ATELIER FLORAL, either by e-mail: contact@capucine-atelier-floral.fr, or by mail: 37
rue des Potiers 67660 BETSCHDORF, and transmit a dated visual of the product.

The Vendor will reimburse, replace or repair Products or parts under warranty deemed to be non-
compliant or defective. In the case of delivery, shipping costs will be reimbursed on the basis of the
invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
Reimbursements for Products found to be non-conforming or defective will be made as soon as
possible and at the latest within 30 days of the Seller's finding of the non-conformity or hidden defect.
Refunds will be made by crediting the Customer's bank account or by cheque sent to the Customer.
The Vendor may not be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is
the Customer's responsibility to check,
- misuse, non-compliance with the Seller's instructions for maintaining product freshness, negligence
or lack of maintenance on the part of the Customer, as well as in the event of abnormal use of the
Product, accident or force majeure.
- in the event of climatic conditions unsuitable for the services.
The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that
do not conform or are affected by a defect.

Contractual warranty
The Products cannot benefit from a contractual guarantee as they are perishable.
The artisan florist can only undertake to ensure the satisfaction of his customers through his
professionalism, the quality of his products and the services he provides. He will use his knowledge to
reproduce as faithfully as possible the floral product according to the feelings expressed by the
customer at the time of the order (birth, wedding, death, anniversary, etc.). However, the products
delivered may differ according to the season, the current supply, the variety of flowers available and

the local customs and practices related to the event. The photos presented on the www.capucine-
atelier-floral.fr website are for illustrative purposes only and are not contractually binding.

The Vendor cannot guarantee the flowering or blooming of floral products, or the shade of colors.

The Customer undertakes to:
- Allow the Service Provider access to the place of performance for the setting up of services and
orders on the dates and at the times indicated by the Service Provider,
- Guarantee the accessibility and cleanliness of the place of performance in order to allow the
completion of services and orders,
- Facilitate access to all areas required for the performance of services and orders (water points,
sanitary facilities, etc.).
- Designate a single contact person with decision-making authority on the day of performance of
services and orders,
- Inform the Service Provider directly of any difficulties that may arise in the performance of the
Services.
- To provide every facility for the performance of the mission, without loss of time or financial impact,
and in conditions of satisfactory safety. Should the customer fail to provide the necessary information
in good time, the Provider reserves the right to inform the customer by any means of the fact that the
agreed deadlines for the performance of the requested service cannot be met.
- To take out event cancellation insurance
- Authorize the Service Provider to take photographs of his creations in situ during the implementation
of services and orders for publication purposes,
If the Service Provider initiates a study and the customer is late in providing the information required
to continue or finalize the services, it is hereby agreed between the parties that the Service Provider
reserves the right to invoice the customer for the full amount of the quotation after a period of 20 days
from the date of the Customer's request.

The Vendor remains the owner of all intellectual property rights to the photographs, presentations,
floral plates, design studies and research, drawings, models, sketches, arrangements, themes, produced
(even at the Customer's request) with a view to supplying the Products to the Customer.
The Customer therefore refrains from reproducing or exploiting the said photographs, presentations,
floral designs, design studies and research, drawings, models, sketches, arrangements, themes, without
the Vendor's express, prior, written authorization, which may be conditional upon financial
consideration.

By express agreement between the parties, these General Conditions of Sale and the operations
resulting from them are governed by and subject to French law.
These General Conditions of Sale are written in French.
In the event that they are translated into one or more foreign languages, only the French text will be
authentic in the event of a dispute.

14-3 - Provisions common to resolution cases

Since the services exchanged between the Parties from the conclusion of the contract until its
resolution can only be useful through the complete execution of the contract, they will give rise to full
payment of the service and products.
In any event, the injured Party may seek legal action for damages.

The Parties shall not be held liable if the non-performance or delay in performance of any of their
obligations as described herein results from a case of force majeure, within the meaning of article 1218
of the French Civil Code.
By express agreement, force majeure includes an administrative shutdown of business or any state of
emergency declared by the French government.
The Party observing the event must immediately inform the other Party of its inability to perform its
service and justify this to the latter. The suspension of obligations shall under no circumstances be a
cause of liability for non-performance of the obligation in question, nor lead to the payment of
damages or late penalties.
Performance of the obligation is suspended for the duration of the force majeure if it is temporary.
Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the
Parties will make every effort to resume normal performance of their contractual obligations as soon
as possible. To this end, the Party prevented will notify the other of the resumption of its obligation by
registered letter with acknowledgement of receipt or by any extrajudicial act. If the impediment is
definitive, the present contract will be purely and simply terminated in accordance with the terms
defined in the article "Termination for force majeure".
In the event of COVID and if the service has to be postponed. A new date will be found in
consultation with the respective agendas.
Fees may be charged if a new floral design study is required (change of location, style, season, etc.).
The cost of this study could amount to a maximum of €1,500 net of tax.

Pursuant to article 1219 of the French Civil Code, each Party may refuse to perform its obligation,
even if it is due, if the other Party fails to perform its obligation and if such non-performance is
sufficiently serious, i.e. likely to jeopardize the continuation of the contract or fundamentally upset its
economic equilibrium. The suspension of performance will take effect immediately, on receipt by the
defaulting Party of the notification of default sent to it to this effect by the Party suffering the default,
indicating the intention to apply the exception of non-performance for as long as the defaulting Party
has not remedied the default noted, served by registered letter with acknowledgement of receipt or on
any other durable written medium allowing proof of dispatch.
This exception may also be used as a preventive measure, in accordance with the provisions of article
1220 of the French Civil Code, if it is clear that one of the Parties will not perform its obligations on
the due date, and that the consequences of such non-performance are sufficiently serious for the Party
suffering from the default.
This option is used at the risk and peril of the Party taking the initiative.
The suspension of performance will take effect immediately, on receipt by the Party presumed to be in
default of notification of the intention to apply the exception of preventive non-performance, until
such time as the Party presumed to be in default performs the obligation in respect of which a future
breach is manifest, served by registered letter with acknowledgement of receipt or on any other
durable written medium providing proof of posting.

However, if the impediment is definitive or persists until the day on which the service is performed,
the present contract will be purely and simply terminated in accordance with the terms and conditions
set out in the article Resolution for failure by a party to meet its obligations.

Notwithstanding the provisions of article 1221 of the French Civil Code, the Parties agree that in the
event of either Party failing to meet its obligations, the defaulting Party will not be entitled to seek
enforcement.
The defaulting Party may, in the event of non-performance of any of the obligations incumbent on the
other Party, request termination of the contract in accordance with the terms and conditions set out in
the article "Termination of the contract".

ALL DISPUTES TO WHICH PURCHASE AND SALE OPERATIONS CONCLUDED IN
APPLICATION OF THESE GENERAL CONDITIONS OF SALE COULD GIVE RISE,
CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, THEIR EXECUTION, THEIR
TERMINATION, THEIR CONSEQUENCES AND THEIR FOLLOW-UP AND WHICH SHOULD
NOT HAVE MAY BE RESOLVED AMICABLY BETWEEN THE SELLER AND THE
CUSTOMER, WILL BE SUBMITTED TO THE COMPETENT COURTS UNDER COMMON
LAW CONDITIONS.
The Customer is informed that he can in any case resort to conventional mediation, in particular with
the Consumer Mediation Commission (Consom. C. art. L 612-1) or with existing sectoral mediation
bodies , or any alternative method of dispute resolution (conciliation, for example) in the event of a
dispute.

The Customer acknowledges having been informed, prior to the immediate purchase or the placing of
his order and the conclusion of the contract, in a clear and understandable manner, of these General
Conditions of Sale and of all the information listed in the article L.221-5 of the Consumer Code, and
in particular the following information:

- the essential characteristics of the Product,
- the price of the Products and related costs (delivery, for example);
- in the absence of immediate execution of the contract, the date or deadline by which the Seller
undertakes to deliver the Product,
- information relating to the identity of the Seller, his postal, telephone and electronic contact details,
and his activities, if they do not emerge from the context,
- information relating to legal and contractual guarantees and their implementation methods,
- the functionalities of the digital content and, where applicable, its interoperability,
- the possibility of resorting to conventional mediation in the event of a dispute.
The fact for a natural person (or legal entity) to make an immediate purchase or order a Product
implies full and complete adherence and acceptance of these General Conditions of Sale and
obligation to pay for the Products ordered, which is expressly recognized by the Customer, who
waives, in particular, the right to rely on any contradictory document, which would be unenforceable
against the Seller.

Good for agreement
Read and approved
                The Client                 


Good for agreement
Read and approved
Cécile DETIENNE
Capucine Atelier Floral
The Provider 

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on
CAPUCINE ATELIER FLORAL unless exclusions or limits to the exercise of the right of withdrawal follow the
applicable General Conditions of Sale.
To the attention of :

Capucine Atelier Floral 37 rue des Potiers 67660 BETSCHDORF,
• Order of

• Order number: ............................................. ...............

• Client name : ............................................. .............................

• Customer Address: ............................................. .........................

Signature of the Client (only in the event of notification of this form on paper):

Article L217-4 of the Consumer Code

The Seller is required to deliver goods that comply with the contract and is liable for any lack of conformity
existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging,
assembly instructions or installation when this has been his responsibility by the contract or has been carried
out under his responsibility.
Article L217-5 of the Consumer Code

- Be suitable for the use usually expected of a similar good and, where applicable: correspond to the
description given by the Seller and possess the qualities that the latter presented to the buyer in the form of a
sample or model present the qualities that a buyer can legitimately expect having regard to public
declarations made by the Seller, by the producer or by his representative, in particular in advertising or
labeling
- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use
sought by the buyer, brought to the attention of the Seller and which the latter has accepted.
Article L217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
Article L217-16 of the Consumer Code

When the buyer requests from the Seller, during the course of the commercial guarantee which was granted
to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of
immobilization of At least seven days are added to the remaining warranty period. This period runs from the
buyer's request for intervention or the making available for repair of the goods in question, if this making
available is subsequent to the request for intervention.
Article 1641 of the Civil Code

The Seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for
which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or
would not would have given a lower price for them, if he had known them.
Article 1648 paragraph 1 of the Civil Code
Action resulting from redhibitory defects must be brought by the purchaser within two years from the
discovery of the defect.

14-1 - Termination for non-performance of a sufficiently serious obligation

The Party victim of the default may, notwithstanding the Resolution clause for failure of a party to
fulfill its obligations appearing below, in the event of sufficiently serious non-performance of any of
the obligations incumbent on the other Party, notify by letter registered with acknowledgment of
receipt to the Defaulting Party, the faulty resolution of these presents, 2 days after a formal notice to
perform remained unsuccessful, and this in application of the provisions of article 1224 of the Civil
Code.

14-2 - Resolution for force majeure

It is expressly agreed that the parties may terminate this contract as of right, without notice or
formality.