Terms and Conditions

Preamble

The website https://de.bergamotte.com (hereinafter referred to as "the website") is published by VERY BLOOM, a simplified joint stock company, registered in the Paris Commercial Register under no. 811 164 888 and headquartered at 12 Rue Vivienne - 75002 Paris.
Through the website, VERY BLOOM sells and delivers bouquets, plants and decorative items to the Federal Republic of Germany.
These Terms and Conditions apply without restriction or reservation to all sales completed by VERY BLOOM to consumers and commercial buyers wishing to purchase the products offered for sale on the website and its subdomains.
These Terms and Conditions are available on the website at all times and take precedence over any other version or any other contradictory document.

Article 1. Definitions

The following section contains a list of terms and their definitions:
  • "Bouquet": An arranged bunch of cut flowers.
  • "Customer" or "Buyer": An individual who buys products from VERY BLOOM.
  • "Order": A customer's purchase request for a product on the website.
  • "Confirmation of Availability": The e-mail that is sent to the customer to confirm the availability of the order and the shipment of the product.
  • "Consumer": Any individual that, in the context of these Terms and Conditions, is acting for purposes which are outside of their trade, business, craft or profession.
  • "Contractual Documents": All contractual documents listed in Article 3, including these Terms and Conditions.
  • "Double-Click Mechanism": The technique by which the customer gives their consent, namely by checking or unchecking a checkbox with a confirmatory second click. The click is considered "positive" once the customer has checked the details and the price, corrected any errors and confirmed their acceptance of the General Conditions of Sale and their order with a "Yes" or a "No".
  • "Personal Area": ​The part of the website reserved for users of the website who have registered for specific services. It is accessible after identification.
  • "Product": The goods offered for sale on the website. The main features of these goods are described on the website.
  • "Website": The interactive electronic service that the company operates on the Internet at https://de.bergamotte.com and its subdomains.
  • "VERY BLOOM", "Company" or "Seller": This refers to VERY BLOOM as outlined in the preamble.
  • "Sales Region": The territory of the Federal Republic of Germany, with the exception of areas that are difficult to access, which are defined in accordance with the nomenclature of the Post NL Group.
  • "User": Each individual that visits the website.

Article 2. Subject Matter

The subject of these Terms and Conditions shall be the conditions of sale for the products offered by the company on its website. They specify the terms of the order, the payment, the delivery and the management of the follow-up to the order.
They also determine the conditions of use for the website and the management of the personal area.

Article 3. Application and Enforcement of the Terms and Conditions

3.1. Scope of Application
The contractual documents, in order of priority, comprise these Terms and Conditions and the form for ordered products. In the event of a conflict between documents of different types or orders of preference, it is expressly agreed between the parties that the provisions for dispute obligations contained in the higher-level document shall prevail. In the event of a conflict between the terms of documents of the same level, the most recent document shall prevail.
The dispatch of an order placed by a customer in accordance with Article 5 shall be deemed to be an absolute and unconditional acceptance of these Terms and Conditions. These Terms and Conditions shall apply to the exclusion of all other conditions, in particular terms and conditions of the buyer or other individual for sale in shops or other distribution and marketing channels, unless the company has expressly confirmed their validity in writing.
The customer hereby confirms and recognises the following:
  • They have the legal capacity to purchase the products offered on the website;
  • The contract does not require a handwritten or electronic signature;
  • The acceptance of these Terms and Conditions is confirmed by means of the double-click mechanism;
  • As a consumer, they have specific rights that can be challenged by the seller if the ordering of the products through the website relates to the customer's professional activity;
  • They have received all necessary information about the use of the website and the quantitative and qualitative features of the products.
3.2. Effectiveness of the Terms and Conditions
As these Terms and Conditions are subject to change, the version valid at the time the order was placed on the website shall be deemed to be the version applicable to the customer's purchase.
The fact that the company at no time invokes any of the provisions of these Terms and Conditions does not constitute a waiver of its right to invoke them at a later date.
If one of the provisions of this contract proves to be invalid, it shall be deemed unwritten without annulling the Terms and Conditions or altering the validity of the remaining provisions.
3.3. Applicable Law
THESE TERMS AND CONDITIONS AND THE RESULTS THEREOF ARE SUBJECT TO FRENCH LAW. The mandatory regulations of the consumer protection law in the country in which the consumer places their order remain unaffected.
These Terms and Conditions shall apply in English.
3.4. Dispute Resolution
Any dispute caused as a result of the validity, interpretation, implementation, termination or consequences of a purchase or sale concluded in accordance with these Terms and Conditions, and which could not be resolved between the seller and the customer, shall be submitted by the company to the responsible court in accordance with the applicable law. If the customer is a consumer, this is the court responsible for the customer's place of residence. The consumer is entitled to sue the company in the court responsible for said consumer.
However, prior to referral to a court of arbitration or state court, the customer is requested to contact the VERY BLOOM complaints department, which can be reached from Monday to Friday, 10:00–18:00, by e-mail at hallo@bergamotte.com or by phone at +49 32 212292 462 (at the usual connection costs).
If no agreement is reached or the customer asserts that they have previously attempted to resolve their dispute directly with VERY BLOOM by means of a written complaint, an optional mediation procedure shall be proposed and then conducted in a spirit of loyalty and goodwill in order to reach an amicable resolution in disputes relating to this contract, including its validity.
The party wishing to conduct the mediation proceedings must first inform the other party by sending a letter by recorded delivery stating the points of conflict.
If the customer is a consumer:
Under current law, we are required to alert consumers to the existence of the European Online Dispute Resolution platform, which can be used to resolve disputes without the need to go to court. The platform is provided by the European Commission. You can find the Online Dispute Resolution platform here: link
Under current law, we are required to alert consumers to the existence of the European Online Dispute Resolution platform, which can be used to resolve disputes without the need to go to court. The platform is provided by the European Commission. You can find the Online Dispute Resolution platform here: link
If the customer is not a consumer:
If the parties fail to reach an agreement after a period of fifteen (15) days, the dispute shall be submitted to the responsible court designated below.
Since mediation is not mandatory, the customer or the company may opt out of the procedure at any time.
IF THE MEDIATION PROCEDURE FAILS OR IS IGNORED, THE DISPUTE WHICH LED TO MEDIATION WILL BE REFERRED TO THE AFOREMENTIONED RESPONSIBLE COURT.

Article 4. Website

4.1. Content
The website primarily contains the following information: legal information that enables the company to be identified accurately; information about the products; an indication in euros of the price of the products, services and shipping costs; an indication of the terms of payment and delivery; the existence of a right of withdrawal; the period of validity of an offer, including the price; existing legal and contractual guarantees; the period within which the company undertakes to deliver the product.
4.2. Access to the Website
Accessing the website is free and open to anyone with Internet access. The sales area is accessible without identification. However, to complete an order, the customer must create a personal area and provide identifying information.
Any cost involved in the consumer accessing the website, including hardware, software and Internet access costs, shall be at the expense of the user. The user alone is responsible for the proper functioning of their computer equipment and their access to the Internet.
The website is accessible 24 hours a day, 7 days a week. However, VERY BLOOM reserves the right to temporarily or permanently close the website without prior notification or compensation, either in whole or in part, mostly for the purpose of performing updates, maintenance or modifications to operating modes, servers and access times. Note that this list is not exhaustive.
The company cannot be held liable for damages of any kind that may result from these changes and/or the temporary unavailability or permanent closure of all or part of the website. However, the company shall respond to product orders that were routinely placed by a customer prior to the date of the temporary suspension or closure of the website and that resulted in a receipt and confirmation of availability being sent to customer prior to that date.
4.3. Technical Support
Technical support is available for customers experiencing technical problems. This service is available Mondays to Friday from 10:00–18:00, by e-mail at hallo@bergamotte.com or by calling +49 32 212292 462 (at usual rates).
In the event of an interruption or inability to use the website, customers may contact Customer Service at hallo@bergamotte.com for information.

Article 5. Order Acceptance

5.1. Identification
Any customer wishing to place an order on the website must set up a personal area and undertake to provide the required information in advance using the forms available online.
The customer shall certify the correctness and accuracy of any information transmitted in this way. The information provided by the buyer must be accurate, complete and sufficient enough to enable the proper fulfilment and delivery of the order (including, but not limited to, the recipient's landline and/or mobile phone number, etc.).
The information provided by the buyer when placing the order shall be binding for the buyer. In the event of an error in the recipient's contact details, the company cannot be held liable if the product cannot be delivered.
5.2. Product Selection
The main features of the products offered for sale, most notably their composition, specifications, descriptions, dimensions and capacities, are displayed on the website. The photos and graphics displayed are not contractually binding and are not the responsibility of the seller.
In order to understand the main features of a product, customers are obliged to take note of the product description. In doing so, the customer confirms that they have read the type, destination and conditions of use of the products available in their sales region and have requested and received the necessary and/or additional information in order to place their order in full knowledge of the facts.
It is the responsibility of the customer to select on the website the products that they wish to order using the following procedures:
  • The customer selects their desired product by clicking on the "Add to Cart" icon;
  • The customer must provide in advance the appropriate post code for the place of delivery and the desired date and time of delivery.
  • The customer has the option of purchasing a gift certificate on the website. If they choose to purchase one, the customer must provide the following information at the time of their order:
    • Value of the gift certificate in euros. The value must be between twenty (20) and five hundred (500) euros and be a multiple of five.
    • Shipping method. The customer must choose between:
      • Printing at home, whereby the customer receives the voucher by e-mail and prints it out in order to give it to the recipient in person;
      • Sending by e-mail, whereby the recipient receives their gift certificate directly via e-mail (the customer must provide an e-mail address at the time of their order).
The gift certificate is valid for one (1) year from the time the online purchase is made, i.e. from the moment the customer makes a payment on the website, and can only be used by five euros (5€) increments.
5.3. Order Confirmation and Acceptance of the Terms and Conditions
The products displayed on the website constitute an offer to purchase. Before placing their order, the customer has the opportunity to check the details of their order and the total price and can correct any errors before confirming.
Any order placed by the customer through the double-click mechanism constitutes an acceptance of the order and of the Terms and Conditions. If the product is available, the customer will receive an order confirmation by e-mail.
5.4. Archiving
Any contract concluded with a customer which corresponds to an order worth more than €120 including VAT shall be archived by the company for a period of ten (10) years in accordance with Article L.213-1 of the French Consumer Code.
The documents are kept in electronic form. The company shall guarantee access to the documents at the request of the customer via e-mail to hallo@bergamotte.com. The invoice for each order is also available in the customer's personal area.
5.5. Contract Information, Amendments, Order Cancellation
The information transmitted shall include the main features of the products ordered, after-sales and commercial guarantees, the total amount of the order (price with and without taxes), costs and terms of delivery. VERY BLOOM shall send the contract information to the customer in two steps. First, the information is used to pay for the order on the website by sending a summary of the transaction and the total amount of the order by e-mail. The customer has the right to cancel or change the order at this time.
Second, the information is provided during the preparation of the order by means of an e-mail which confirms the conclusion of the contract and the dispatch of the order. At this point, it is no longer possible to cancel or change the order and the price paid will not be reimbursed unless it involves the exercising of the right of withdrawal outlined in Article 10 and under the terms of Article 5.6.
The information transmitted shall include the main features of the products ordered, after-sales and commercial guarantees, the total amount of the order (price with and without taxes), costs and terms of delivery.
5.6. Availability of Products
The unavailability of a product is always stated to the side of the product in question. The company shall undertake at all times to inform the customer without delay if the unavailability was not specified at the time the order was placed.
In the event of the unavailability of a product which has been ordered, the company shall inform the customer. The buyer is entitled to an immediate reimbursement of the corresponding amount no later than fifteen (15) days after the payment made by the customer. The refund will be made by crediting the credit card used. The customer can also choose to receive a product of the same quality and price. If the latter option is chosen, the customer will be informed of their new right of withdrawal in accordance with the same procedures set out in the aforementioned Article 10, without having to give reasons or pay penalties under the aforementioned conditions.
5.7. Order Fulfilment
Orders are fulfilled before 10.00AM on the day before the selected delivery day.
5.8. Offensive Material
Customers may add a photo and a message with 160 characters when placing their order. This will then be printed and attached to the order. The company reserves the right to refrain from including photos or content that incite hatred, violence, harassment, racism, intolerance based on sexual orientation or that are likely to cause shock or repulsion. The customer may not object to the decision not to publish such content.

Article 6. Payment

6.1. Terms of Payment
Payments must be made using Paypal, SEPA Direct Debit or credit card (Visa, Mastercard or American Express) on the day of the order by means of a secure payment (secure input thanks to SSL encryption). When using credit card, the customer must enter their credit card number in the area provided with no gaps between the numbers. They must then enter the card's expiry date and security code.
The customer is informed, depending on the bank, whether the 3-D Secure service for secure online payments is required to complete their order at the time of payment by credit card.
The company shall take all necessary measures to ensure the security and confidentiality of the data transmitted as part of online payments on the website.
It is hereby declared that all payment information given on the website is transmitted to the bank of the website and not processed on the website.
If the customer decides to cancel their order because the product ordered was unavailable, the refund will be made in accordance with the last paragraph of Article 5.6 of these Terms and Conditions.
6.2. Delay or Refusal of Payment
The credit card used for the payment will be debited during the validation of the order.
If the bank refuses to charge a card or other form of payment, the customer must contact the company to pay for the order using another valid means of payment.
In the event that for some reason (resistance, rejection or otherwise) the transfer of money owed by the customer cannot be made, the order will be cancelled and the sale terminated automatically.
6.3. Default Interest for Late Payments for Non-Consumers
In the event of a default or late payment, the seller is obliged to charge default interest, which is three times the applicable statutory interest rate plus a lump sum reclaim charge.
The applicable statutory interest rate refers to the interest rate applied by the European Central Bank for its most recent refinancing operation plus 10 percentage points.
Default interest is due, without warning, on the invoice on the day after the payment date. Any customer in default of payment is automatically liable to the creditor for a lump-sum compensation of €40 for utilisation costs. If the resulting utilisation costs exceed the amount of this lump-sum compensation, the company may, for good cause, demand additional compensation.

Article 7. Prices

Products shall be provided at the prices quoted on the website when the seller registers the order. Prices are quoted in euros, include VAT and take into account all discounts granted by the seller on the website.
The prices are fixed and cannot be changed within their validity period stated on the website. The seller reserves the right to change the prices at any time outside the validity period, in particular with regard to the availability of stock.
The prices quoted exclude handling, dispatch, transport, communication and delivery costs, which are charged in addition to the conditions stated on the website and calculated prior to placing the order.
The prices take into account the VAT applicable on the day of the order and any change to the rate of VAT will automatically be reflected in the prices of the products.

Article 8. Shipping Costs

Shipping costs are specified in the "Delivery" section accessible in the sales area.
Shipping costs contribute to the preparation, packaging, postage and transport costs.
Shipping costs constitute a lump sum consisting of one fixed and one variable part in accordance with different criteria. Only the geographical location, the dimensions of the package and the delivery date chosen by the customer vary the amount to be paid.
It should be noted that two orders cannot be combined and shipping costs are charged for each order.

Article 9. Delivery

9.1. Terms of Delivery
Deliveries shall take place in the contract territory in accordance with the conditions stated on the website here:
https://de.bergamotte.com/en/flowers-and-plants-delivery
The bouquets and plants are packaged in materials suitable for transporting flowers, with protection for the plants and a natural moisture solution.
Deliveries shall take place within Germany, with the exception of areas that are difficult to access, which are defined in accordance with the nomenclature of the Post NL Group. Deliveries shall be made within the time limit provided for in the delivery of the product to the specified recipient.
9.2. Delivery in Germany
Orders shall be shipped overnight by our logistics partners. Orders placed between Monday and 09:30AM on Friday shall be delivered the next morning.
Delivery times are from Tuesday to Saturday between 08:00–20:00 within Germany, with the exception of areas that are difficult to access, which are defined in accordance with the nomenclature of the Post NL Group. For orders placed after 09:30AM on Friday, the first available delivery is Tuesday between 08:00–20:00.
The buyer is hereby informed and accepts that deliveries cannot be made at specific times. The company undertakes to comply with the proposed timetables to the extent possible.
9.3. Delivery of the Order
Deliveries are made by an independent service provider to the address given by the customer when placing the order.
Deliveries consist of handing over the product to the customer, another recipient chosen by the customer or a representative of the customer. Upon receipt of the product, a delivery note is signed.
In order for a delivery to take place within a company or hospital environment (clinic, hospital, maternity unit, retirement home, etc.), the customer must ensure that this can be easily done before placing the order. In the event of a refusal, the delivery shall still be considered completed. Delivery upon acceptance of the product is deemed delivery to the recipient. If this information gap leads to a new attempt to deliver to the recipient, the company is entitled to demand from the customer a reimbursement of the costs associated with this new delivery.
Upon receipt of a delivery, the customer is obliged, in the presence of the deliverer, to check the conformity of the products delivered against the order placed, to check the condition of the package and, if necessary, to handwrite any qualms they may have on the delivery note.
9.4. Absence of the Recipient
In the event of the absence of the recipient at the time of delivery, the deliverer shall try to contact the recipient via the mobile phone or landline number specified by the customer at the time of the order. In the event of no response, the deliverer shall find the best solution to complete the delivery under the best conditions and in accordance with the alternative delivery chosen by the customer (no door, building caretaker, etc.).
If none of the above solutions can be used, the supplier shall return the product to the company's workshop nearest to the delivery location. The customer can either request a new delivery, pick up the product from the company's workshop or arrange to have it picked up; each option comes at the customer's own expense. The company cannot be held responsible for the quality of the product thus obtained.
9.5. Delay in Delivery
The buyer may demand, subject to the exclusion of other indemnities and damages, a full refund of the order for delays in delivery in Germany of more than 3 days if a product is not delivered for any reason other than force majeure, because of an action on the part of the customer or due to a disruption of the Internet/phone connection at the seller's place of work which prohibits the seller from being informed about the order.

Article 10. Consumer's Right of Withdrawal

Under Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to any of the seller's products that are quickly perishable.
Principle of return
As a matter of principle, the customer maintains the right of withdrawal by returning the product to the seller.
To this end, the product must be returned without delay no later than fourteen (14) days after notification of the customer's decision to withdraw, unless the seller offers to collect the product.
Withdrawal period
Under Article L.221-18 of the French Consumer Code, the withdrawal period ends fourteen (14) days after the date on which the consumer or third party designated by the consumer takes physical possession of the product from the shipper.
In the event that the consumer has ordered multiple products in a single order which results in multiple deliveries (or in the event of an order for a single product delivered in multiple batches), the withdrawal period ends fourteen (14) days after the date on which the consumer or other third party designated by the consumer takes physical possession of the last delivered product from the shipper.
If the consumer's order includes several products and these products are delivered separately, the withdrawal period ends fourteen (14) days after the date on which the consumer or other third party designated by the consumer takes physical possession of the last product from the shipper.
Notification of the right of withdrawal
In accordance with Article L.221-21 of the French Consumer Code, the consumer must communicate their decision to withdraw by means of a clear statement (e.g. by post, fax or e-mail) to: VERY BLOOM (BERGAMOTTE) 12 Rue des Pyramides, 75001 Paris, France or hallo@bergamotte.com
The following form may also be used:
WITHDRAWAL FORM

To: VERY BLOOM (BERGAMOTTE)

Seller's telephone number: +49 32 212292 462

Seller's e-mail address: hallo@bergamotte.com
I hereby declare my withdrawal from the contract for the purchase of the PRODUCT detailed below:
PRODUCT reference

Order number:

- Ordered on [________________] / Received on [________________________].

- Payment method used:

- Name of the customer and, if applicable, the beneficiary of the contract:

- Customer's address:

- Shipping address:

- Customer signature (except when sent by e-mail)

- Date
In order to meet the withdrawal period deadline, the customer must submit their notification of their exercising of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event that a customer withdraws from the contract, the seller shall undertake to reimburse without delay all amounts paid, including shipping costs (except for any additional costs that may arise from the customer's decision to choose a delivery method other than the one proposed by the seller), no later than fourteen (14) days after the date on which the seller receives the returned product (Article L.221-24 of the French Consumer Code).
The seller shall perform the reimbursement using the payment method that the customer used during the first transaction, unless the customer explicitly agrees to a different method. This refund shall not incur any costs to the customer.
The seller is not obliged to reimburse any additional costs if the customer has explicitly chosen a more expensive delivery method than the standard delivery method proposed by the seller.
The seller may postpone the refund until receipt of the goods or until evidence of shipment of the goods is provided by the customer, whichever occurs first.
Methods of return
The customer must return the goods without delay no later than fourteen (14) days after notification of their decision to withdraw from the contract to: VERY BLOOM (BERGAMOTTE) Poelweg 12, 1424PB De Kwakel, the Netherlands.
If the customer returns the goods before the end of the fourteen (14) day period, this deadline shall be deemed to have been met.
Return costs
The direct costs of the return shall be borne by the customer.
In the event that the weight of the product prevents the customer from returning it by post, the seller shall bear the direct costs of collecting the goods.
Condition of returned products
The product must be returned in accordance with the instructions provided by the seller, i.e. in its original condition and including all accessories delivered with it.
The customer shall only be liable for the reduction in value of the goods if this is caused by anything other than that required to determine the nature, characteristics and proper functioning of the product. In other words, the customer has the opportunity to test the product but shall bear responsibility if they do not handle it as required.
Exclusion from the right of withdrawal
The right of withdrawal is excluded in the following cases:
  • Delivery of goods or services, the prices of which depend on fluctuations in the financial market.
  • Delivery of goods that are manufactured in accordance with customer specifications or are clearly personalised.
  • Delivery of goods that can deteriorate or perish quickly.
  • Provision of sealed audio or video recordings or software that has been unsealed after delivery.
  • Newspapers, magazines (not including the subscription contract)
  • Provision of accommodation not intended for residential purposes, for the transport of goods, for car rental, for meals or for services in connection with leisure activities, if the offer provides for a specific time or period of time for execution.
  • Delivery of goods that are by nature inseparably mixed with other articles.
  • Deliveries of sealed goods that cannot be returned for health or hygiene reasons and that have been unsealed by the customer after delivery.
  • Delivery of alcoholic beverages, the price of which was agreed at the time of the conclusion of the purchase contract, the delivery of which can only take place after 30 days and the actual value of which depends on market fluctuations beyond the control of the seller.
  • Provision of dematerialised, undelivered digital content, if the execution commenced with the express prior consent of the consumer who has also acknowledged that they are thus revoking their right of withdrawal.
  • Contracts concluded at public auction.
As a result, flower products that have not been dried, most notably bouquets and plants, are excluded from the right of withdrawal.

Article 11. Reservation of Proprietary Rights and Transfer of Risk

The transfer of ownership of the seller's products to the customer shall take place only after the latter's full payment of the price, regardless of the date of delivery of the products. The customer may not sell goods they are not yet the owner of.
Irrespective of when the transfer of ownership is made, the transfer of the associated risks of loss and deterioration shall take place when the recipient of the product physically takes possession of it.

Article 12. Warranty

In addition to the contractual warranty that the seller may offer for certain products, all customers shall benefit from "statutory" warranty.
Article 12.1. Warranty
Article L.217-4 of the French Consumer Code: "The seller shall deliver a contractual product and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for defects that result from the packaging, instructions or installation if these were charged to the seller in the contract or carried out under their responsibility.
Article L.217-5 of the French Consumer Code: "Goods shall be deemed to be in conformity with the contract:
1. If they are suitable for the use typically expected of a similar item, and where appropriate:
  • If they conform to the seller's description and have the characteristics that the seller provided to the buyer in the form of a sample or model;
  • If they have the characteristics that a buyer can legitimately expect given the public statements made by the seller, the manufacturer or their representative, in particular in advertising or labelling;
2. Or they have the characteristics established between the parties by mutual agreement or if they are suitable for a particular use requested by the buyer which has been brought to the attention of and accepted by the seller".
The seller is liable for defects existing at the time of delivery as well as those that result from the packaging, instructions or installation if these were charged to them or carried out under their responsibility.
Measures resulting from the lack of conformity shall become time-barred two (2) years after delivery of the product ( Article L.217-12 of the French Consumer Code )
In the event of a lack of conformity, the customer may request the replacement or repair of the product at their discretion. However, if the costs of the option chosen by the customer are obviously disproportionate to the other available options and the value of the product or the significance of the defect are taken into account, the seller may make a refund without following the option chosen by the customer.
In the event that a replacement or repair is not possible, the seller undertakes to reimburse the price of the product within thirty (30) days of receipt of the returned product and in exchange for the return of the product by the customer to the following address: VERY BLOOM (BERGAMOTTE) Poelweg 12, 1424PB De Kwakel, the Netherlands.
Finally, the customer is exempt from proof of non-conformity of the product for twenty-four (24) months after delivery of the product, with the exception of used goods, for which this period is set at six (6) months ( Article L.217-7 of the Consumer Code ).
Article 12.2. Statutory Warranty Period
The seller is bound by the warranty for hidden defects in the product sold which make it unsuitable for the intended use or restrict it to such an extent that the customer would not have purchased it or would have paid a lower price had they known ( Article 1641 of the French Civil Code )
This warranty allows any customer that can prove the presence of a hidden defect to choose between a refund of the price of the product upon its return or, if the product is not returned, a refund of part of its price.
In the event that a replacement or repair is not possible, the seller undertakes to reimburse the price of the product within thirty (30) days of receipt of the returned product and in exchange for the return of the product by the customer to the following address: VERY BLOOM (BERGAMOTTE) Poelweg 12, 1424PB De Kwakel, the Netherlands. A claim for material defects must be brought by the customer within two (2) years after discovery of the defect ( Article 1648 (1) of the French Civil Code ).
12.3. Product Liability
The customer's attention is expressly drawn to the fact the company is not the manufacturer of the products sold within the meaning of Article 1245 of the French Civil Code. In the event of personal injury or material damage caused by a defect in the product, the manufacturer of this product may therefore be held liable by the customer on the basis of the information on the packaging of the product.
In the event that the company is held liable as a professional seller for damages resulting from a product within the meaning of Article 1245-5 of the French Civil Code, the company reserves the right to hold the manufacturer responsible.
12.4. Contractual Warranty
In addition to the statutory warranty and liability for hidden defects, products purchased on the website also benefit from a contractual warranty.
In this context, in addition to the statutory warranty available to the customer, the company shall guarantee a lifetime of seven (7) days from the date of delivery for its pieces and two (2) days for its bouquets, subject to compliance with the company's maintenance instructions.

Article 13. Login and Passwords

The customer is solely responsible for the retention and confidentiality of their password and any other confidential information that VERY BLOOM may submit to them. In addition, the company is not liable for damages resulting from the loss of customer's access data and the use of the customer's personal area by third parties. Likewise, it is assumed that if a password is used, it is done in the name of the customer.
In the event of an identity theft, a notification should be sent to hallo@bergamotte.com and confirmed by means of a registered letter sent via recorded delivery. The company shall suspend access to the personal area as soon as possible and reject all orders under the protected identification. Only the date of receipt of the registered letter is binding for the parties.

Article 14. Encryption

The company shall guarantee that the means of encryption and encryption services used to secure transactions comply with applicable laws.

Article 15. Company Liability

The company cannot be held liable for any inconvenience or damage associated with the use of the Internet network, such as service interruption, external intrusion, the presence of viruses or any event that is deemed by the courts to be force majeure.
The total or partial inability to use the products, in particular due to health-related intolerances (such as allergies or consumption), shall not result in any compensation or reimbursement by the company.
In the event of force majeure, the company is not liable to the customer or third parties for non-performance of the contract. The company cannot under any circumstances be held liable if the contractual obligations to be performed by the customer are not fulfilled or are not properly fulfilled, in particular in relation to the customer entering their order.

Article 16. Force Majeure

The company cannot be held liable if the non-performance or delay in the performance of any of its obligations described in these Terms and Conditions is due to force majeure.
Force majeure in contractual matters shall be deemed to have occurred if an event that was unforeseeable at the time the contract was concluded and whose effects cannot be avoided by taking appropriate measures prevents the company from fulfilling its obligations.
If the hindrance is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the hindrance is final, the contract shall be terminated automatically and the parties exempted from their obligations under the conditions set out in Articles 1351 and 1351-1 of the French Civil Code.
The seller shall not be held liable for cyberattacks, the unavailability of equipment, consumables, spare parts, personal or other equipment, interruption of electronic communications networks, or the occurrence of circumstances or events that take place after the conclusion of the Terms and Conditions and that under normal conditions are beyond the control of the seller.
It is stipulated that the customer may not claim damages in such a situation.
In the event that any of the above occurs, the seller shall endeavour to inform the customer as soon as possible.

Article 17. Customer Responsibility

The customer shall undertake to only use the website's services as well as all information they have access to for purposes that are compatible with public order, moral standards and the rights of third parties. The customer shall also undertake not to prevent others from using the website, not to access third-party accounts, nor to access parts of the site to which access is restricted.

Article 18. Intellectual Property

18.1. Product Liability
The company's own features, such as its website, brands, designs, models, images, text, photos, logos, graphic charters, software, search engines and databases (please note that this list is incomplete) are their sole property. These Terms and Conditions do not constitute a transfer of any kind of intellectual property rights to all or part of the features that the company owns for the benefit of its customers. Any duplication and/or representation, in whole or in part, of any of these features without the express permission of the company is prohibited and would constitute a violation of their intellectual property rights. As a consequence, the customer shall refrain from any action that is likely to directly or indirectly violate the intellectual property rights of the company.
The acceptance of these Terms and Conditions constitutes the acceptance by the customer of the intellectual property rights of the seller and the obligation to comply with them.
18.2. Third-Party Rights
Features belonging to third parties, such as trademarks, designs, models, images, text, photos, logos, etc., are the exclusive property of their creator or applicant and, as such, are protected by the Intellectual Property Code. The customer shall undertake not to infringe, either directly or indirectly, upon the proprietary rights of third parties whose content is available on the website and, in the event of the execution of these Terms and Conditions, shall in general refrain in any way from using the names, trademarks, logos, software, information, databases, works as well as all documents transmitted to said customer.
The customer shall undertake to respect all rights of third parties whose content is available on the website. To this end, the customer undertakes to take all necessary steps to protect these third-party rights, in particular to keep in good condition all proprietary notices that are entered in all data, information and, more generally, in the features that can be viewed on the platform or made accessible by third parties.

Article 19. Integrity of Online Features

The customer shall undertake not to damage, illegally retrieve or modify the data stored on the company's server.

Article 20. Data Protection

20.1. Processing of Personal Data
On its website, the seller collects personal data about its customers, including by means of cookies. Customers may disable cookies by following the instructions applicable to their browser.
The data collected by the seller is used to process orders on the website, manage the customer's account, analyse orders and, if the customer has so chosen, send them sales literature, newsletters, promotional offers and/or information about special offers, that is, unless the customer no longer wishes to receive such communications from the company.
The seller shall treat the customer's data confidentially for the purposes of the performance of the contract and in accordance with the law.
Customers may unsubscribe at any time by logging on to their account or by clicking on the hypertext links provided at the end of each e-mail.
All or part of the data may be shared with the seller's service provider involved in the ordering process. For commercial purposes, the seller may provide its business partners with the names and contact details of its customers, provided that they have given their prior consent when registering on the website.
The seller shall explicitly ask customers if they wish to disclose their personal data. Customers may withdraw their permission at any time by contacting the seller. The seller may also ask its customers if they would like to receive commercial offers from its partners.
20.2. Rights of the Person Concerned
Pursuant to Law No. 78-17 of 6 January 1978 on Data Processing, Files and Individual Liberties and Regulation (EU) 2016/679 (General Data Protection Regulation, "GDPR"), the seller shall guarantee the enforcement of the data subjects' rights.
Customers are reminded that, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act and the provisions of Articles 15, 16 and 17 of the GDPR, customers whose personal data is processed maintain the right to information, rectification, updating, portability and erasure when it comes to information that concerns them.
According to the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the GDPR, the customer may also object, free of charge and without cause, to the legitimate interest in the processing of data that concerns them.
The customer can exercise these rights by sending an e-mail to hallo@bergamotte.com or a letter to VERY BLOOM (BERGAMOTTE) 12 Rue des Pyramides, 75001 Paris.
The customer can prove their identity either by scanning their ID card or by sending a photocopy of it to the seller.
20.3. Updating of Personal Data
In order to be able to update a customer's personal data, the customer must undertake to provide all necessary information. In order to receive the best possible service, the customer must also undertake to update the information that concerns them on a regular basis.
20.4. Fraud Detection
The occurrence of an unsecured payment due to the fraudulent use of a credit card shall result in entering the details of the order associated with this unsecured payment into an implemented payment transaction file. Irregular logins and other anomalies may also be subject to special processing.
20.5. Cookies
The website uses cookies, which the user is informed about upon arrival on the website. Cookies enable information about visits to the website to be recorded. They are only installed once the user has accepted them, whereby the user's continued presence on the website amounts to an acceptance.
A cookie is a data packet that does not identify the user but is used to record information about the user's navigation. It is a small text file that is stored on the user's computer when visiting a website or advertisement. Its main purpose is to collect information about the visit to the website and to offer personalised services. Cookies are managed by the Internet browser on the user's computer. The configuration of the browser software may make it possible to be informed about the existence of a cookie and, where necessary, to refuse it.
Users have all the aforementioned rights in relation to personal data, which are transmitted by means of cookies under the aforementioned conditions. This information is therefore never disclosed to third parties or resold.
Bank information is never owned by the company. However, the company may install cookies or collect information about the buyer's device, in particular information (technical attributes) required to identify the customer's devices (computers, tablets, mobile phones, etc.) to secure transactions (fraud prevention).
The company uses cookies and similar tracking technologies in connection with the use of the "Bergamotte" application and the user's devices (mobile or computer-based) to better identify the user and personalise their services. The website also uses plug-ins and social buttons. These social cookies are designed to allow users to share pages and content through third party social networks. They also make it possible to advertise in social networks in a targeted manner. Social plug-ins in particular make it easier to share the pages and content of the website on various social platforms. For example, on many social networks, you can positively rate ("like") information from the company's website and share it with the buyer's or user's friends. To this end, plug-ins use cookies to track the navigation of Internet users, regardless of whether the customer is a user of these platforms and regardless of whether they are logged on to the social network or not at that time. These cookies also make it possible to tailor promotional offers on these platforms. For more information on the use of personal data in connection with social networks, the user may consult the respective privacy policies of the third-party social networks in question.
20.6. Collection and Processing of Personal Data
Customers' personal data is automatically processed to manage and monitor relationships with customers and interested parties. This is done so as to facilitate the promotion of interested parties and sales, order and payment management, and tracking. This processing also allows customers to remain informed about special offers and new services. Customers are informed by the presence of an asterisk in forms concerning the collection of personal data about the mandatory or optional nature of the answers.
If the customer accepts this during identification in the personal area of the website, they may receive promotional e-mails with new products, exclusive offers and deals. The customer may at any time request to stop receiving these e-mails by unsubscribing or by informing customer service at .

Article 21. Electronic Proof

The computerised records maintained in the company's computer systems under proper security conditions are considered proof of communication, acceptance and management of orders.