General Terms and Conditions of Sale

Article 1 – Scope

These general terms and conditions of sale (hereinafter the "Terms") govern, without restriction or reservation, all sales of products made by LE FEU DES FLEURS (hereinafter the "Seller" or "LE FEU DES FLEURS") to any natural person acting as a consumer (hereinafter the "Customer") through the website https://lefeudesfleurs.com (hereinafter the "Site").

Placing an order on the Site implies full and unreserved acceptance of these Terms, which prevail over any other document (brochures, e-mail exchanges, the Customer's own purchasing conditions, etc.).

LE FEU DES FLEURS reserves the right to amend these Terms at any time. The applicable Terms are those in force on the date of the order, as displayed on the Site.

Article 2 – Seller's identity

The Seller is:

LE FEU DES FLEURS
Iryna DAVYDOVA, sole trader (entrepreneur individuel, EI)
Status: micro-entrepreneur
Registered in the French National Business Register (Registre national des entreprises, RNE) under number 984 437 947
SIRET: 984 437 947 00018
Registered office: address given in the Legal Notice (mentions légales) of the Site
E-mail: contact@lefeudesfleurs.com
Phone: +33 (0)6 13 94 14 74 (charged at the local call rate)

VAT not applicable under article 293 B of the French General Tax Code (TVA non applicable, article 293 B du CGI).

The Site is hosted by IONOS SE, Elgendorfer Straße 57, 56410 Montabaur, Germany – phone: +49 721 170 5522 – www.ionos.com.

Article 3 – Products

3.1. Range of products

The products offered for sale on the Site include in particular:

fresh flower bouquets;
floral arrangements (in vases, decorative containers or boxes, mini Christmas trees and seasonal decorations);
wreaths, garlands and floral creations for the home or for events;
flower boxes and do-it-yourself floral kits;
as well as complementary non-perishable products, such as vases, secateurs, care or decorative accessories, when offered as an option or sold separately.

Products are offered while stocks last. LE FEU DES FLEURS reserves the right to change its range of products at any time.

3.2. Characteristics, craftsmanship and variations

Each product is described on the Site in a product page setting out its essential characteristics (type of arrangement, approximate size, dominant colours, seasonality, etc.).

Floral creations are handmade, artisanal arrangements. The Customer acknowledges that:

photographs, visuals and staging shown on the Site are for illustration purposes only and are not contractually binding;
flowers, foliage, containers and materials may vary depending on the season, incoming supplies, the freshness available at the market and supply constraints;
if a flower is unavailable or not up to standard on the day of preparation, LE FEU DES FLEURS may replace it with another flower of equivalent or higher quality and value, keeping the colour palette and the style of the arrangement.

Such variations shall not be regarded as a lack of conformity as long as the overall character of the product (style, price range, approximate size) is respected.

Article 4 – Delivery area and times

4.1. Delivery area

Products are delivered exclusively within Paris (intra-muros) and, where applicable, to certain neighbouring municipalities specified on the Site at the time of ordering.
The delivery area is shown and kept up to date on the Site before the order is confirmed.

4.2. Minimum lead time

Unless otherwise stated on the product page or during the ordering process, bouquets and arrangements can be delivered from fifteen (15) hours after the order is confirmed, subject to:

product availability;
receipt of payment;
logistical feasibility of the chosen time slot.

4.3. Delivery time slots

When ordering, the Customer chooses a delivery time slot from those offered. LE FEU DES FLEURS makes every effort to respect this slot.
A slight delay in relation to the time slot, in particular due to heavy traffic, adverse weather or transport disruption, does not give rise to compensation. The Customer is informed of any delay as soon as possible.

If delivery does not take place on the agreed date, the Customer may, in accordance with article L.216-6 of the French Consumer Code (Code de la consommation), require LE FEU DES FLEURS to deliver within a reasonable additional period and, if delivery is still not made within that period, terminate the contract. Where the delivery date was an essential condition of the order for the Customer (birthday, event, specific date), the Customer may terminate the contract immediately. The sums paid are then refunded within fourteen (14) days at the latest. These provisions do not apply where the delay is attributable to the Customer (incorrect or incomplete address, Recipient unreachable) or to force majeure.

4.4. Recipient absent – incorrect address

The Customer is responsible for the accuracy and completeness of the delivery details (name, address, door code, floor, Recipient's phone number, etc.).

On arrival, the courier calls the Recipient and waits on site for fifteen (15) minutes. If the Recipient is absent or cannot be reached, the courier contacts the Customer to agree on a solution:

handing the bouquet to a caretaker, a reception desk, a neighbour or leaving it in a safe place indicated or accepted by the Customer; the risk then passes at the time of this handover;
or returning the bouquet to the studio and arranging a new delivery, charged to the Customer as an extra.

If the address is incomplete, incorrect or difficult to access, or if the Recipient cannot be reached, LE FEU DES FLEURS cannot be held liable for non-delivery.

In such cases, the order gives rise neither to a refund nor to a free replacement. A new delivery, where possible, will be charged to the Customer.

4.5. Transfer of risk

Risk passes upon physical handover of the product to the Recipient (or to any person authorised to receive it) at the address provided. Until this handover, LE FEU DES FLEURS remains responsible for the proper performance of the delivery in accordance with applicable regulations.

Article 5 – Prices and VAT

5.1. Displayed prices

Prices are shown in euros as net prices (VAT not applicable, article 293 B of the French General Tax Code), excluding delivery charges.
Delivery charges are shown separately during the ordering process, before the Customer finally confirms the order.

5.2. No VAT

LE FEU DES FLEURS is covered by the VAT exemption scheme for small businesses (franchise en base de TVA). Accordingly:

no VAT is charged to the Customer;
invoices and commercial documents bear the statement: "TVA non applicable – article 293 B du Code général des impôts" (VAT not applicable).

The Customer therefore cannot deduct any VAT on purchases made from LE FEU DES FLEURS.

5.3. Price changes

LE FEU DES FLEURS reserves the right to change its prices at any time.
However, products are invoiced at the prices in force when the Customer confirms the order.

Article 6 – Orders

6.1. Ordering process

To place an order, the Customer must:

select the product(s) and add them to the basket;
check the order details (products, quantities, prices, delivery area and time slot, card message, etc.);
enter the billing and delivery details;
choose one of the payment methods offered;
expressly accept these Terms by ticking the box provided;
finally confirm the order and proceed to payment.

6.2. Order confirmation

The sale is deemed concluded once:

payment has been authorised by the bank or payment platform;
LE FEU DES FLEURS has sent an order confirmation e-mail summarising the essential information (products, price, contact details, delivery date and time slot).

Any confirmed order constitutes acceptance of the prices, the product descriptions, the delivery charges and these Terms.

6.3. Refusal or cancellation of an order by the Seller

LE FEU DES FLEURS reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning payment of a previous order, or in the event of abnormal use of the service (repeated unfounded complaints, inappropriate behaviour, etc.).

6.4. Cancellation by the Customer

The Customer may request cancellation of the order by e-mail to contact@lefeudesfleurs.com or via WhatsApp on +33 6 13 94 14 74, as long as preparation of the bouquet has not started. The order is then refunded in full. Once preparation has started or the bouquet has been handed over to the courier, cancellation is no longer possible, as the flowers are bought and prepared specifically for the order.

6.5. Bespoke orders and orders placed outside the Site

The Customer may also order a bespoke bouquet or place an order via WhatsApp or by e-mail. LE FEU DES FLEURS then sends the Customer a written proposal setting out the intended composition, price, delivery charges, delivery date and time slot, together with a secure payment link and a link to these Terms. The sale is concluded upon payment, which constitutes acceptance of the proposal and of these Terms.

Where the Customer does not know the Recipient's address, LE FEU DES FLEURS contacts the Recipient at the phone number provided by the Customer to agree on the address and time slot; any delivery charges are then paid by the Customer via a payment link before delivery.

6.6. Contract archiving

For any order of €120 or more, LE FEU DES FLEURS keeps the written record of the contract for ten (10) years from delivery, in accordance with articles L.213-1 and D.213-1 et seq. of the French Consumer Code. The Customer may access it at any time on request to contact@lefeudesfleurs.com.

Article 7 – Payment

7.1. Payment methods

Payment is made online, in full, at the time of ordering, by bank card via a secure payment service (Stripe and/or PayPal, depending on the options available on the Site).

LE FEU DES FLEURS never has access to the Customer's full bank details, which are processed directly by the payment provider.

7.2. Security

The Customer warrants that they are authorised to use the chosen payment method. In the event of fraudulent use of their bank card, the Customer should contact their bank and inform LE FEU DES FLEURS as soon as possible.

7.3. Failed payment

If payment is refused or fails, the order is automatically cancelled and the Customer cannot claim delivery or any compensation.

Article 8 – Right of withdrawal

8.1. Perishable products (flowers and arrangements)

Bouquets, floral arrangements, mini Christmas trees, wreaths, garlands and, more generally, all fresh floral products offered by LE FEU DES FLEURS are perishable products.

In accordance with article L.221-28, 4° of the French Consumer Code, the statutory fourteen (14) day right of withdrawal does not apply to contracts for the supply of goods which are liable to deteriorate or expire rapidly.

Consequently, the Customer has no right of withdrawal for the part of the order consisting of these perishable floral products.

8.2. Non-perishable products sold as extras

For non-perishable products clearly identified as such on the Site and invoiced separately (for example vases, secateurs, care or decorative accessories sold as extras), the Customer has the fourteen (14) day right of withdrawal provided for in articles L.221-18 et seq. of the French Consumer Code.

This period runs from receipt of the product(s) concerned.

The Customer informs LE FEU DES FLEURS of the decision to withdraw before this period expires, using the withdrawal form annexed to these Terms or any other unequivocal statement (for example by e-mail to contact@lefeudesfleurs.com). The Customer then returns the products concerned no later than fourteen (14) days after communicating the decision.

Return costs are borne by the Customer. The Customer is only liable for any diminished value of the products resulting from handling other than what is necessary to establish their nature, characteristics and functioning.

LE FEU DES FLEURS refunds all sums paid for the products concerned, including the initial delivery charges where the withdrawal covers the entire order, no later than fourteen (14) days from the date on which it is informed of the decision to withdraw. The refund may be withheld until the products have been received back or until the Customer has supplied proof of having sent them back, whichever is the earliest. The refund is made using the same means of payment as used for the order, unless the Customer has expressly agreed otherwise.

This right of withdrawal does not apply to the part of the order consisting of perishable floral products.

Article 9 – Receipt of products and complaints

The Customer (or the Recipient) is invited to check the products upon delivery.

As flowers are living and fragile products, if a problem is noticed upon delivery (damaged packaging, wrong product, broken stem, flower damaged in transit), the Customer is invited to contact LE FEU DES FLEURS within forty-eight (48) hours of delivery, by e-mail to contact@lefeudesfleurs.com or via WhatsApp, with a description of the problem and photographs. This period allows the condition of the bouquet to be assessed while this is still possible; it does not deprive the Customer of the statutory guarantees set out in article 10.2.

The natural evolution of flowers after delivery (opening, change of shade, gradual wilting at the end of their normal lifespan) does not constitute a lack of conformity.

Article 10 – Freshness guarantee and statutory guarantees

10.1. Commercial freshness guarantee

LE FEU DES FLEURS undertakes to deliver fresh, high-quality flowers.
Subject to appropriate care, the Seller offers a commercial freshness guarantee of seven (7) days from delivery (forty-eight (48) hours for flowers that are more delicate by nature: hydrangeas, dahlias, poppies, lilac, mimosa and hellebores). This commercial guarantee applies in addition to the statutory guarantees described in article 10.2, which remain available to the Customer for their full duration, provided that:

as soon as they arrive, the flowers are placed in a clean vase full of clean water (the water reserve in the packaging is only meant for transport), are never left without water and are cared for according to the care card included with the creation;
the water is changed regularly;
the stems are recut when necessary;
the arrangement is kept at a moderate temperature (approximately 14 to 21 °C), away from direct heat, sunlight, strong draughts and smoke;
the bouquet has not been taken apart or significantly altered by the Customer.

Any substantial alteration of the arrangement by the Customer voids this commercial guarantee.

Freshness and any defects are established on the basis of the information provided (photographs, description); where necessary, LE FEU DES FLEURS may offer to collect the bouquet to examine it.

In the event of a proven defect attributable to the Seller and noticed during this guarantee period, LE FEU DES FLEURS offers the Customer, at the Customer's choice:

replacement of the arrangement with an equivalent arrangement, delivered free of charge;
or a refund of the price of the product concerned.

A credit note (avoir) or a discount on a future order may be offered instead, only with the Customer's agreement.

10.2. Statutory guarantees

Independently of the commercial guarantee above, LE FEU DES FLEURS remains bound by the statutory guarantee of conformity (articles L.217-3 et seq. of the French Consumer Code) and by the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), under the conditions set out below. This text reproduces the information required by article D.211-2 of the French Consumer Code; in the event of any discrepancy, the French version prevails.

The consumer has a period of two years from delivery of the goods to obtain the implementation of the statutory guarantee of conformity if a lack of conformity appears. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

Where the contract of sale provides for the continuous supply of digital content or a digital service over a period of more than two years, the statutory guarantee applies to that digital content or digital service throughout the planned period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.

The statutory guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to keep the goods in conformity.

The statutory guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of the request, free of charge and without major inconvenience.

If the goods are repaired under the statutory guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests repair of the goods but the seller imposes replacement, the statutory guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction of the purchase price while keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if:

1° the professional refuses to repair or replace the goods;
2° the repair or replacement takes place after a period of thirty days;
3° the repair or replacement causes major inconvenience to the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;
4° the lack of conformity persists despite the seller's unsuccessful attempt to bring the goods into conformity.

The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request repair or replacement of the goods first.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee period until the goods are returned in working order.

The rights mentioned above result from the application of articles L.217-1 to L.217-32 of the French Consumer Code.

A seller who, in bad faith, obstructs the implementation of the statutory guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to up to 10% of average annual turnover (article L.241-5 of the French Consumer Code).

The consumer also benefits from the statutory guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund against return of the goods.

Article 11 – Liability

LE FEU DES FLEURS is liable as of right to the Customer for the proper performance of the obligations arising from the contract, in accordance with article L.221-15 of the French Consumer Code. The Seller may, however, be released from all or part of this liability by proving that the non-performance or improper performance of the contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to force majeure.

Accordingly, the Seller cannot be held liable in particular in the event of:

misuse, inappropriate care or failure by the Customer or the Recipient to follow the care advice;
damage resulting from inappropriate storage (excessive heat, cold, lack of water, exposure to direct sunlight, proximity to heat-emitting appliances, smoke, etc.);
fault, negligence or omission of the Customer;
force majeure within the meaning of Article 12 below.

Article 12 – Force majeure

LE FEU DES FLEURS cannot be held liable for failure to perform any of its contractual obligations where such failure results directly or indirectly from a force majeure event within the meaning of article 1218 of the French Civil Code and case law (strikes, breakdowns, natural disasters, fires, floods, attacks, riots, administrative decisions, epidemics or pandemics, etc.).

Should such an event occur, LE FEU DES FLEURS will inform the Customer as soon as possible and offer, as appropriate:

postponement of the delivery, or
cancellation of the order with a refund of the sums paid for the products not delivered.

Article 13 – Personal data

The personal data collected when ordering (name, contact details, delivery address, message to the Recipient, etc.) are necessary for:

processing the order;
carrying out the delivery;
managing the customer relationship (follow-up, after-sales service, complaints).

They are processed by LE FEU DES FLEURS as data controller, in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation, GDPR) and the French Data Protection Act (loi Informatique et Libertés).

The Customer has, in particular, the following rights:

access, rectification and erasure;
restriction of processing;
objection, on legitimate grounds;
data portability, where applicable.

These rights may be exercised by writing to contact@lefeudesfleurs.com.
The Customer also has the right to lodge a complaint with the CNIL (Commission nationale de l'informatique et des libertés, the French data protection authority).

A Customer who does not wish to receive telephone marketing calls may register free of charge on the French telephone opt-out list Bloctel (www.bloctel.gouv.fr), in accordance with article L.223-2 of the French Consumer Code.

Further details on data processing (retention periods, cookies, etc.) are set out in the Privacy Policy of the Site.

Article 14 – Intellectual property

All elements of the Site (texts, photographs, videos, logos, illustrations, bouquet designs, collection names, visual identity, etc.) are the exclusive property of LE FEU DES FLEURS or are used with authorisation.

Any reproduction, representation, adaptation, translation or exploitation, in whole or in part, of the Site or its content, by any means whatsoever, without the prior written authorisation of LE FEU DES FLEURS, is strictly prohibited and may constitute infringement (contrefaçon).

Article 15 – Complaints, mediation and dispute resolution

15.1. Prior complaint

In the event of any difficulty relating to an order or to the performance of these Terms, the Customer is invited to contact LE FEU DES FLEURS first in order to seek an amicable solution:

by e-mail: contact@lefeudesfleurs.com,
or by post to the address of the registered office.

15.2. Consumer mediation

In accordance with articles L.611-1 and R.612-1 et seq. of the French Consumer Code on the amicable settlement of disputes, where the consumer has sent a written complaint to the professional and has not obtained satisfaction or a reply within two months, the consumer may submit the complaint free of charge to the consumer mediator. The mediator must be contacted within one year at most from the initial written complaint.

The mediator MCP Médiation can be contacted:

online: www.mcpmediation.org;
by post: Médiation de la Consommation & Patrimoine, 12 square Desnouettes, 75015 Paris, France.

15.3. Competent courts

Failing an amicable solution or mediation, any dispute relating to the interpretation, validity or performance of these Terms and of the contracts of sale concluded via the Site shall be submitted to the competent French courts, without prejudice to the mandatory rights of the consumer Customer (in particular regarding the court of their place of residence).

Article 16 – Governing law and language

These Terms and the contracts concluded via the Site are governed by French law.

These Terms are available in French, English and Russian. In the event of any discrepancy between the versions, the French version prevails.

Annex – Withdrawal form

(Complete and return this form only if you wish to withdraw from the contract for a non-perishable product.)

To: LE FEU DES FLEURS – Iryna DAVYDOVA EI, address given in the Legal Notice (mentions légales) of the Site – contact@lefeudesfleurs.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:

Ordered on (*) / received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.

Last updated: 23 October 2026