Terms & Conditions

1) General Terms and Conditions

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the Site Maison2fleurs.com (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s site. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.These conditions prevail over all general conditions of purchase (GCP) or any other conditions, except in the formal and express derogation from us. The possible waiver of our part, to one or more clauses in the general terms of sale, does not affect the validity of the other clauses.

1.2 This website serves as a catalog of the seller’s products or serviçes, these GTC shall apply accordingly, unless expressly agreed otherwise.

1.3 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.

1.4 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

1.5 We are producers and carry out processes in a traditional way, and the online store is in its initial phase, serving as a catalog for the products we produce and some that we acquire in order to complement our offer and serve buyers.

1.6 – PRICE The sales prices (in euros, €) of the products listed in the price lists are duty-free, excluding customs charges and formalities if necessary and excluding delivery and recovery costs which are invoiced in addition to VAT is invoiced, if applicable, at the legal rate in force. The Incoterms, as well as the transport costs, are stipulated on the order form, the quotation or the proforma. Phocealys reserves the right to change its sales prices at any time. The products will be invoiced on the basis of the tariff in force at the time of the order registration.

1.7 – Orders can be placed by phone or via Internet with confirmation by email or in writing upon receipt of the order form, quotation or proforma. Despite our precautions and regardless of our willingness to unforeseen stock failures can happen. In this case, the customer will be informed and the orders will be immediately put on hold with his agreement. You have the option to change the shipping information or cancel your order until we send the confirmation email of your order. After this period, any modification or cancellation of the order by the purchaser will be impossible. In no case will the order be refunded if the delivery is effective. Before this deadline, you only have to make your request to our customer service by contact form on the site or other means used by the Seller.

1.8 DISCOUNT Orders can be placed by Internet with confirmation or in writing upon receipt of the order form, quotation or proforma. Despite our precautions and regardless of our willingness to unforeseen stock failures can happen. In this case, the customer will be informed and the orders will be immediately put on hold with his agreement. You have the option to change the shipping information or cancel your order until we send the confirmation email of your order. After this period, any modification or cancellation of the order by the purchaser will be impossible. In no case will the order be refunded if the delivery is effective. Before this deadline, you only have to make your request by contact form on the site or other means used by the Seller.

1.9 PREPAYMENT – Seller may request a prepayment before starting to prepare the order, if the customer requests any change to the original order or its cancellation, the seller reserves the right to partially or totally withhold any payment made.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s site do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer via the online order form integrated into the Seller’s site. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Client may also submit his offer to the Seller by e-mail or per online contact form.

2.3 The Seller may accept the Client’s offer within five days,
– by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
– by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
– by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4 If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe), subject to the PayPal Terms of Use or, if the Client does not have a PayPal account, subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full. If the Client pays by means of a method of payment offered by PayPal which can be selected in the online order process, the Seller hereby declares the acceptance of the Client’s offer at the time when the Client clicks on the button concluding the order process.

2.5 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller’s site prior to sending his order, the order data shall be stored on the Seller’s website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.

2.6 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.

2.7 The English and French language are available for the conclusion of the contract.

2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client’s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

2.9 Quality of products – The entire product range is derived from natural botanical varieties. Like all natural products, Sellers products can have a certain variability of color, shape, size and texture. These natural irregularities are in no way accepted as manufacturing defects. The mass of the products is indicated in an approximate way and may be subject to variation according to the storage conditions. Sellers products are sensitive to the climatic conditions of the place in which they are used or stored. In this regard, we are committed to providing all our customers with the recommendations regarding the conditions of use and storage of these products. Seller is not responsible for damage to the goods due to misuse or poor storage.

2.10 Claims relating to the characteristics described in article 2.9 may not be presented as defects. On the other hand, claims related to the quality of the products must be notified accurately by registered letter with AR or by e-mail within 2 days after receipt of the goods. Any claim concerning the quality of the packaging must be mentioned beforehand to the carrier when the goods are received. The return of the goods must be done with our agreement. Sellers will decide on the free replacement or the establishment of a credit memo. In no event shall there be any damages or interests in excess of the amount of the order.

3) Right to Cancel

3.1 Consumers are entitled to the right to cancel.

3.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.

3.3 The right to cancel does not apply to consumers, who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address were located outside of the European Union at the time of concluding the contract.

3.4 Upon cancellation, the seller may retain part or all of any prepayment made.

4) Prices and Payment Conditions

4.1 Unless otherwise stated by the Seller the availability of order items is checked and the shipping cost is calculated, and an order confirmation response is sent with payment information including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective.

4.2 Payment can be made using one of the methods mentioned by the Seller.

4.3 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.

4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date

4.5 When choosing a payment method offered via other payment service, conditions are in accordance with the seller’s conditions and the responsibility of the chosen payment platform. 

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5) Shipment and Delivery Conditions

5.1 Unless otherwise stated on the order form, the quotation or the proforma, the delivery of the goods sold is carried out from the warehouses of Seller. The transfer of risks and costs relating to goods sold outside our warehouses. The customer can choose to take his carrier. Sellers can organize the transport of goods. In this case, the delivery time indicated during the registration of the order is given for illustrative purposes only and is in no way guaranteed. Consequently, any reasonable delay in the delivery of the products will not give rise to the buyer’s benefit to the allocation of damages or cancellation of the order.

In the case of goods missing or damaged during transport, the purchaser must make all the necessary reservations on the delivery order upon receipt of the goods. These reserves must also be confirmed to Seller as soon as possible (maximum 3 days).

If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.

5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.

5.3 If goods are delivered by freight carrier, the goods shall be delivered free curb, that is to say, to the public curb stones which are closest to the delivery address, unless otherwise stipulated in the shipping information displayed in the Seller’s site or unless otherwise agreed.

5.4 Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller at the Seller’s place of business. In this case shipment costs will not be charged.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. 

6) Reservation of Proprietary Rights

Seller can provide advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.

7) Warranty

7.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:

7.2 If the Client acts as trader

• the Seller may choose the type of subsequent performance,
• for new goods, the limitation period for claims for defects shall be 14 days from delivery of the goods,
• for customized goods, the rights and claims for defects are excluded,
• the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.3 The above-mentioned limitations of liability and shortening of the period of limitation do not apply

• to claims for damages and reimbursement of expenses of the Client,
• if the Seller has fraudulently concealed the defect,
• for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
• for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.

7.4 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

7.5 If the Client is a business, he has the commercial duty to examine the goods and notify the Seller of defects.

7.6 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

8) Special Conditions for the Processing of Goods According to Client’s Specification

8.1 The customer may request changes to the Seller’s products or request products manufactured in accordance with the customer’s specifications. This type of product implies a quote proposed by the Seller and approved by the Customer, involving prepayment as indicated by the Seller before starting to prepare the order.

8.2 If, according to the terms of the contract, the Seller owes the delivery of the goods as well as the processing of the goods according to certain specifications of the Client.

8.3 The Client shall indemnify the Seller from claims of third parties asserted against the Seller in connection with a violation of their rights by the Seller’s contractual use of the Client’s content. The Client shall also bear the reasonable costs required for the necessary legal defense, including all court and lawyer’s fees according to the statutory rate. This shall not apply if the Client is not responsible for the infringement. In the event of claims by third parties, the Client shall be obliged to provide the Seller promptly, truthfully, and completely with all information that is necessary for the verification of the claims asserted for a corresponding defense.

8.4 The Seller reserves the right to refuse processing orders, if the content provided by the Client for this purpose violates legal or official prohibitions or morality. This shall apply in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, or youth-endangering, and/or if it glorifies violence.

9) Redemption of Campaign Vouchers

9.1 Vouchers and promotions which are issued by the Seller, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as “campaign vouchers”) can only be redeemed in the Seller’s site and only within the indicated time period.

9.2 Individual products may be excluded from the campaign, if such a restriction results from the conditions of the campaign.

9.3 Only one campaign voucher can be redeemed per order.

9.4 The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.

9.5 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.

9.6 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.

9.7 The campaign voucher will not be redeemed if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.

9.8 Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The Seller is entitled but not obliged to check the entitlement of the respective voucher owner.

10) Applicable Law

10.1 The law of Portugal shall apply to all legal relationships between the parties. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

10.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.

11) Place of Jurisdiction

If the Client is a business, a legal entity of public law or a separate estate under public law with its seat in the territory of Portugal, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of Portugal, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.

12) Alternative dispute resolution

12.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

12.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

13) Amendments to the General conditions

Sellers reserve the right to adapt or modify at any time the present general conditions without any prior notice. The new conditions will appear on the website.