Article 1: Definition and scope of application
The present document (Terms and Conditions) defines the conditions applicable to sales concluded between a person or persons making a purchase via the http://www.aquarelle.com website, hereafter referred to as "the buyer" and the company Aquarelle.com SAS, hereafter referred to as "Aquarelle".
The terms defined below form part of the present Terms and Conditions with the following meanings:
The Aquarelle gift boxes are gift boxes developed, proposed and distributed by the company Aquarelle Coffrets. The Aquarelle gift boxes essentially include:
- The instructions describing the procedure to create a personal "Customer Area" on the website www.aquarelle.com and access to all the proposed activities and breaks (hereinafter referred to as the "Offer") available from the service providers with whom Aquarelle Coffrets works.
- A gift voucher (hereinafter, the "Aquarelle Coffrets Gift Voucher") which has no face value but which is a means of payment allowing its holder to pay the service providers selected by the company Aquarelle Coffrets. The presentation of this gift voucher thus enables the holder to pay the fixed price established for the chosen offer selected from the current list of activities and breaks on the www.aquarelle.com website. The Offer is provided by a service provider (hereinafter referred to as the "Partner") selected by the company Aquarelle Coffrets.
The description of the proposed Offers which form part of the Aquarelle gift boxes is as accurate as possible; however, it may be subject to changes which may be notified to the client within an acceptable time frame. Each Offer which forms part of the Aquarelle gift boxes is subject to the conditions and clauses of the Partner.
Article 2: Application and opposability of the terms and conditions
Placing an order implies that the buyer fully accepts these terms and conditions without reservation.
Toute condition contraire posée par l'acheteur sera donc, à défaut d'acceptation expresse, inopposable à Aquarelle quel que soit le moment où elle aura pu être portée à sa connaissance.
Le fait qu'Aquarelle ne se prévale pas à un moment donné de l'une quelconque des présentes conditions générales de vente, ne peut être interprété comme valant renonciation à se prévaloir ultérieurement de l'une quelconque desdites conditions.
Si une ou plusieurs stipulations des présentes conditions générales de vente sont tenues pour non valides ou déclarées comme telles en application d'une loi, d'un règlement ou à la suite d'une décision définitive d'une juridiction compétente, les autres stipulations garderont toute leur force et leur portée.
Ces Conditions Générales de Vente sont susceptibles d'être modifiées à tout moment, sans préavis, par Aquarelle.com et ses filiales. Les présentes Conditions Générales de Vente sont applicables à compter du 15 juin 2014. Elles annulent et remplacent toutes les versions antérieures de ces conditions. Il est cependant entendu, que les modifications portant sur les Conditions Générales de Vente seront inapplicables aux commandes préalablement acceptées et confirmées par Aquarelle.
Article 3: Placing an order
When placing an order which is binding the buyer has an obligation to provide accurate information: in the event of an error in the recipient's address, Aquarelle cannot be held responsible for the impossibility of delivering the product.
An order is definitive only when it has been confirmed by the payment of the price by the buyer. After shipment, any amendment or cancellation of the order by the buyer cannot be considered and the price paid will not be refunded, except in the case of withdrawal as per article 7. All offers for sale are valid within the limits of available stocks. A product which becomes unavailable is automatically removed from the online catalogue.
In the event of a product becoming unavailable, Aquarelle will contact the buyer. They will jointly agree the delivery of a product which offers identical characteristics in size and quality to the product originally ordered by the buyer.
Article 4: Price
The prices are indicated in euros inclusive of all taxes. They take into account VAT and any reductions applicable on the day the order is placed.
The price of the products excludes delivery charges (packaging and transport).
The cost of delivery will be specified on the purchase order before validation of the sale. The products are supplied at the price current at the time the order is placed.
The price is paid cash when the order is placed.
In accordance with the Code Général des Impôts (General Tax Code) in force in France, Aquarelle gift boxes fall outside the scope of VAT.
Article 5: Total payment security
Aquarelle provides totally secure and flexible payments both online or by phone, by debit or credit card through a payment system entrusted to a specialist secure payment provider. Aquarelle guarantees the total confidentiality of your banking information, secured by the SSL protocol, which automatically checks the validity of the right of access when paying by bank card and encrypts all information exchanged to guarantee confidentiality. We have no access to and never record your bank card information.
To find out more,click here.
Article 8: Returns and complaints procedures
8.1 Contractual guarantee
Any return accepted by Aquarelle, due to an apparent defect or the non-conformity of the product delivered, which shall be noted by the seller, enables the buyer to receive a free replacement or a credit voucher, to the exclusion of any other compensation, damages or interest. The product(s) must be returned by the buyer in the original packaging and within seven (7) days from the date of receipt of the goods.
The product(s) returned must be new, unused and in the original box, perfectly intact. The customer should keep the proof of postage given to him by Post Office. In the event of a lost package, no refund will be made without this proof of postage.
Any claim concerning an order which includes the delivery of bouquets or plants must, since it concerns perishable products, be formulated at the latest within two (2) days after the delivery of the product.
Any claim concerning the delivery of other products should be made at the latest within seven (7) days after the date of delivery of the product.
8.2 Legal Guarantees
All goods and services supplied by the Seller shall enjoy the legal warranty of conformity provided for in articles L. 211-4 To L. 211-13 of the Code de la consommation (French consumer law) and a guarantee for defects covering that which has been sold, under the conditions laid down in articles 1641 to 1648 and 2232 of the Code civil (French Civil Code).
Articles L. 211-4, L. 211-5 and L. 211-12 of the Code de la consommation (French consumer law) as well as article 1641 and the first paragraph of article 1648 of the Code civil (French Civil Code) are available in full in annex 3 of the Terms and Conditions
Article 9: Privacy
The personal details that you may be asked to communicate in the context of an order via our website are protected, declared to the CNIL (French National Commission for Data Protection and Liberties) and exclusively reserved for the use of our production staff.
In accordance with the "data protection and liberties" law of 6 January 1978 as well as the ethical principles which ensue from it, you have the right to access, modify, and correct your personal details.
In order to do so please contact us in writing:
Aquarelle.com, 28 rue Jacques Ibert, 92300 Levallois-Perret
Send an email to our Customer Service Department.
To find out more,click here.
Article 11: Conditions of use for the gift box
The buyer must ensure that the beneficiary, to whom they give or offer an Aquarelle gift box, whatever the occasion, is informed of the terms and conditions governing Aquarelle gift boxes available on the website www.aquarelle.com and which will apply to the use of the gift box.
Download our Terms and Use, click here
Article 13: Competence
In the event of a dispute concerning the present Terms and Conditions, where the buyer has non-commercial status, the competent court will be that of the place of domicile of the defendant, the place of actual delivery of the goods or the place where the service was carried out.
In the event of a dispute concerning the present Terms and Conditions, where the buyer has commercial status the competent courts shall be the courts of Paris.
The sale of products on this website is subject to French law regardless of the country of residence of the purchaser or the country where the order is placed.
ANNEX 1: Standard form for the right of withdrawal
Download annex 1, click here
Annex 2: Texts of the legal guarantees
Download annex 2, click here