Terms and conditions of sale

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PREAMBLE

SARL Narmino, hereinafter referred to as “The Company” or “The Seller”, is a limited liability company with a share capital of €150,000. It is registered with the Registre du Commerce et de l’Industrie with registration number N°07 S 04689. Its registered office is at 1 rue Grimaldi – MC98000 MONACO. Its VAT number is FR81000077817. It operates the Click’N Flowers website, accessible at http://www.clicknflowers.com. This site is hereinafter referred to as “the Site”. SARL Narmino’s main activity is the sale of flowers and decorative items. Through the Site, it sells some of its products online to Site visitors who wish to purchase from the Site. Hereinafter referred to as “the Buyer” or “the Customer”, any individual or representative of a legal entity who uses the services of the Site. This online sales service is complementary to those offered by its stores located at 1 rue Grimaldi and 33 boulevard Princesse Charlotte in Monaco. This site is not intended to sell to professionals for possible resale.
Any relationship between the Buyer and the Seller may be established by means of the electronic, telephone and postal contact details indicated on the order form and/or the order confirmation e-mail.
The online sales activity set up on the Site presupposes an active approach by the Customer, who must have a functional e-mail address. The Customer assumes all responsibility and costs inherent in connecting to the Site, and must have the technical means necessary to connect to the Site.
These general terms and conditions of sale govern all relations between the Vendor and the Buyer, and are accepted without reservation by both parties. These general terms and conditions of sale can be consulted online from the Site’s home page. They may also be downloaded and printed. Customers wishing to order products sold on the Site declare that they are aware of the following provisions and accept them expressly and irrevocably.
These general terms and conditions of sale may be modified at any time by the Vendor. It is the customer’s responsibility to consult them regularly in order to keep abreast of any changes. The conditions that apply to the Buyer are those in force on the Site at the date on which the order was placed.

DEFINITIONS

Site: Online sales site accessible at http//www.clicknflowers.com on which SARL Narmino offers products for sale.
Buyer, Customer: the natural person or the representative of a legal entity, professional or private individual who acquires or intends to acquire, for purposes other than resale, one or more products offered by SARL Narmino through the Site.
Company, Vendor, SARL Narmino: the company through the intermediary of its legal representative, and/or its employees identified by the Site, with which the Customer subscribes to the distance selling contract.
Parties: the Buyer and/or the Seller.
Order: The Customer’s order to purchase, from the Site, one or more products offered for sale by the Vendor.
The relationship between the Buyer and the Seller may be established via the electronic, telephone and postal contact details indicated on the Site’s Contacts page, on the order form and on the order confirmation e-mail.

ARTICLE 1: PURPOSE

The purpose of these general terms and conditions is to define the conditions of purchase to which the Customer unreservedly adheres by using this Site to select one or more products offered by the Vendor, to proceed with the purchase and to obtain delivery to the location of his choice. The offers proposed on the Site are reserved exclusively for private customers, individuals or legal entities, for use excluding resale. These general terms and conditions of sale also govern other points, such as the relationship between the Parties with regard to the use of the Buyer’s personal data.
Any individual or legal entity wishing to purchase products from the Company for resale is invited to contact the Company at the following e-mail address to find out about the specific conditions and rates applying to this type of relationship: info@narmino.com

ARTICLE 2: APPLICATION AND ENFORCEABILITY OF THE GENERAL TERMS AND CONDITIONS

In the absence of a special written agreement between the Vendor and the Buyer, the act by which the Customer confirms and validates his order, either by means of the computerized transaction offered on the Site, or by e-mail or by telephone, constitutes irrevocable acceptance of these general terms and conditions of sale.
Within the framework of a purchase made on the Site, the general conditions appearing on this one prevail on any other conditions of sale which can be mentioned in other documents distributed by Narmino SARL.
The fact that the customer does not take advantage of one of the general conditions set out here does not exclude its subsequent application.
The Site’s customer declares that he/she is of legal age and has full legal capacity to enter into commitments under the present terms and conditions of sale. The customer acknowledges having read and understood these conditions at the time of placing the order.
Validation of the order, regardless of how it is confirmed (via the order validation form, by e-mail or by telephone), constitutes signature and express acceptance of all operations carried out by the customer on the site. When the Customer ticks the box confirming that he/she has read these terms and conditions of sale, and clicks on the “Confirm your order” button after the order process, the Customer declares that he/she accepts these terms and conditions of sale in full and without reservation. The data recorded by the Site constitutes proof of all transactions between the Vendor and the Customer.

ARTICLE 3: ORDERING

3.1. Buyer’s legal capacity

Only individuals (or legal representatives of legal entities) legally capable of entering into contracts related to the purchase of products offered for sale by SARL Narmino may place orders on the Site. Customers representing a legal entity declare that they have the authority to bind said legal entity to a distance selling contract.
The customer declares to SARL Narmino that he/she has accepted the General Conditions of Distance Selling and, in order to conclude the sale, that he/she is of legal age and not under guardianship, when placing the Order.

3.2. Territory

The products offered for purchase on the Site are reserved exclusively for the Principality of Monaco, the neighbouring French communes (Cap d’Ail, Beausoleil, la Turbie and Roquebrune Cap Martin), and the communes of Nice, Menton, Eze, Saint-Jean-Cap Ferrat, Beaulieu-sur-Mer and Villefranche-sur-Mer. Orders placed by customers who do not enter their delivery address correctly, or by customers who voluntarily enter a town that does not belong to the list mentioned in the previous sentence, will be cancelled and reimbursed in accordance with the terms and conditions set out in article 3.4. of these general terms and conditions of sale.

3.3. Placing an order

3.3.0. Concerning products sold on the Site

SARL Narmino offers on its Site a selection of products related to its corporate purpose, including cut or potted flowers, and decorative items.

Adding a message card to the products offered for sale on the site: the Company’s site offers the customer the option of filling in a text box at the time of ordering, the content of which will be transcribed by the Company’s florists onto a message card which will be added to the floral arrangement ordered. The transcription can be made on bristol board or other paper, using a printer or by hand, depending on the technical possibilities available to the florists at the time the order is prepared. This service is only available to those ordering at least one floral arrangement, whether cut or potted. As this is a free service offered by Narmino SARL, no compensation will be paid to the customer in the event of an error in the transcription of the word or its omission. Errors in the transcription of the word or the omission thereof shall in no case be grounds for refusal or cancellation of the order, even if the errors or omission are noted at the time of delivery.

Other products sold: other products can be sold to accompany a flower arrangement, such as boxes of chocolate, stuffed animals or champagne. The usual regulations applying to this type of product apply on this site. For example, consumable products will be labelled with the usual mandatory information, such as composition and use-by date. Products containing alcohol, such as champagne, are reminded that their consumption is dangerous to health, and that they should be consumed in moderation. Their sale is strictly forbidden to minors. On this site, this obligation implies the following: the customer who adds an alcohol-based product to his order basket certifies that he is of legal age in the country where he resides, and he certifies that the person to whom he has this alcohol-based product delivered is also of legal age in the country where he resides. He also certifies that all other regulations relating to the purchase and consumption of alcohol in the country of delivery and of the purchaser and recipient of the order are respected.

3.3.1. Login and password

At the time of their first order and in order to personalize their relationship with SARL Narmino on the Site, Customers may create an account, in accordance with the usual procedures used on online sales sites. To do so, the Customer must enter a personal identifier and password, without this precluding the Company from requiring other useful and necessary information (such as the Customer’s name and address, for example). A check is then made by the computer system to verify the uniqueness of the identifier.
The personal login and password provided by the Buyer are proof of his/her identity and bind him/her to any order placed on the Site through them.
The Buyer’s personal identifier and password are his/her responsibility and he/she alone shall bear the consequences that may arise from their use by third parties who may have become aware of them, unless the Buyer proves that the knowledge by third parties of his/her personal password and identifier is the result of a direct fault on the part of the Company.
If the Buyer forgets his/her personal password or identifier, or if he/she fears that a third party may have become aware of it, the Site provides the Buyer with a function enabling him/her to retrieve his/her identifier and choose a new password.
The Customer will be able to access the Site at a later date using his personal login and password.
By using the Site and in order to place an order for one of the products offered by the Company, the Customer agrees to provide SARL Narmino with all the information required to place his/her Order: in particular identity (surname and first name, both for natural persons and for representatives of a legal entity), the company name if it is a company, the billing address, the delivery address if different, the landline or mobile telephone number on which he/she is most likely to be reached at the time of delivery, e-mail, as well as the means of payment chosen to pay for the Order, the information mentioned here being obligatory and non-exhaustive. In the case of payment by credit card, the Customer must have the necessary information at hand, such as the type of card held, its number, expiry date, cryptogram and any other necessary information.
It is the Customer’s responsibility to pay particular attention to the information he/she provides, as well as to the products that are the subject of his/her Order, before finally validating it on the Site. The Site’s computerized system allows the Customer to return to the Order to modify it or to rectify any errors before finally validating it.
SARL Narmino cannot be held responsible for any errors made by the Customer.

3.3.2. Order confirmation

The order placed on the Company’s Site by the Customer implies acceptance of the characteristics of the products listed, their price, as well as all these general conditions of sale, and in particular the conditions of delivery.
The Customer confirms his order by clicking on the validation of the totality of the order.
Once the order is received, SARL Narmino confirms to the Customer as soon as possible the acceptance of his order by the means chosen by the Company: electronic mail or automated confirmation e-mail. The sale will only be concluded upon confirmation of the Customer’s Order by Narmino SARL and at the latest at the time of delivery.
If one of the products proves to be unavailable after the order has been placed by the Customer, or if any reason prevents the Company from proceeding with the sale, SARL Narmino will contact the Customer either by telephone or by email as soon as possible in order to inform him of the situation and to agree either :
– postpone delivery until the product ordered has been restocked, whenever possible;
– replace the missing product with one equivalent in quality and price;
– cancel the order and reimburse the price paid within a maximum of ten days following the order, by credit card, bank transfer or cheque.
The Customer will receive an automatic confirmation by e-mail of the validation of his/her order, including all information relating to the characteristics of the product ordered. The e-mail will also specify the total amount of the Customer’s order, including all taxes, as well as the amount of VAT. At this stage of the purchasing process, this email does not constitute acceptance of the order by the Vendor: acceptance of the order by the Vendor is only validated once the latter has taken cognizance of the order and considers it feasible. The customer is invited to keep and archive the said order confirmation e-mail on any durable electronic medium and/or to make a printout thereof.

3.4. Refusal or cancellation of the order on the initiative of SARL Narmino

SARL Narmino has the right to refuse or cancel any order for legitimate reasons, without having to justify them to the Buyer. This is the case in particular in the event of proven financial difficulties on the part of the Buyer – for example, payment incidents during the order or previous orders – foreseeable problems affecting delivery, orders placed in bad faith by the Buyer, or if the Vendor considers itself entitled to request verification of the Buyer’s identity by asking for official proof of identity, and if the Buyer fails to provide the Vendor with such proof.
Due to the perishable nature of the products sold on the site, SARL Narmino has the right to refuse or cancel any order which it deems difficult to honour and to adequately satisfy the customer. This clause applies, for example, when the customer requests delivery to an address or under conditions which SARL Narmino considers would result in significant or detrimental deterioration of the goods delivered.
The Company reserves the right to refuse or cancel an order for logistical reasons, such as difficulties in obtaining supplies from one or more suppliers, partial or total unavailability of its workforce to produce the arrangements, insufficient stock of its products or of the by-products used to make the floral arrangements sold, or a disproportionate increase in the cost of the raw materials required to make the products sold. This list of reasons is not exhaustive. Any other reason that SARL Narmino considers sufficient to justify the refusal or cancellation of the order will automatically result in the application of this clause.
In the event of cancellation of an order already paid for by the customer, the latter will be informed of this decision as soon as possible, by sending an email to the email address provided when the order was placed. SARL Narmino will refund the amounts paid by the customer for the cancelled order as soon as possible.
Under no circumstances will compensation be due to the customer for the refusal or cancellation of an order.

ARTICLE 4: DELIVERIES – LEAD TIMES – PRICES

4.1. Shipping and receiving

The transfer of risks will take place upon receipt of the delivery by the Customer at the place agreed in the order. The recipient customer must check the condition of the products on arrival, and, if necessary, take recourse against the carrier, for example by making any necessary comments and reservations on the delivery note. To this end, it is advisable, for example, to:
– Immediately and precisely establish the nature and extent of the damage at the time of receipt on the transport note and/or the delivery slip.
– Confirm to the carrier, or to the Company if the latter’s services were used for the delivery of the order, at the latest within three days of receipt of the items transported, the reasoned protest by registered letter.
For the purposes of recourse, these two conditions are inseparable and imperative to the carrier’s liability. The customer who complains of a deterioration of the products delivered or of the lack of part of the products ordered must establish that such facts existed at the time of delivery.
SARL Narmino is released from the obligation of delivery for all fortuitous events (total or partial strikes, deterioration, fires, unavailability of the logistic or human means necessary for delivery, exceptional events making traffic difficult, etc.) and force majeure. SARL Narmino will then reimburse the amount paid by the Purchaser for the undelivered Order, or deliver it on a date to be agreed with the Customer. Under no circumstances will compensation be due to the Customer for non-delivery.
Upon delivery and at the request of the carrier, the Customer may be required to provide proof of identity. If the Customer refuses to produce an identity document enabling the delivery person to establish with certainty the identity of the recipient of the order, or in the event of discrepancies between the official document produced and the information collected by SARL Narmino, the Company reserves the right not to proceed with delivery of the order. In such a case, the Company considers that the information transmitted by the Customer to the Seller was not sufficient to effectively carry out either the delivery or the transfer of risk. As the accuracy of the information transmitted is the responsibility of the Vendor, the sale will be considered completed even in the absence of delivery. Any sums paid by the Buyer will not be reimbursed. No recourse may be taken by the Purchaser against the Vendor.
In the event of refusal by the recipient to accept the floral product delivered, the sale will nevertheless be considered completed and the order delivered. The customer will not be entitled to any reimbursement.
For all deliveries made by the Company to companies, hospitals (clinics, hospitals, maternity wards, retirement homes, etc.), in the event of bereavement or for delivery to public places (funeral parlors, athanasiums, repositories, churches, etc.), the Customer must ensure, before placing an order, that it can be carried out without difficulty.In the event of refusal to accept delivery for any reason whatsoever (security reasons, internal regulations, pandemics, sterile premises, etc.), delivery must be made to the reception desk, for example by handing the order to a hostess or concierge. It shall be incumbent on the Company to prove that it has indeed made the delivery, by any means, when the recipient’s signature cannot be obtained.
In certain hospitals, access to patient rooms may be refused to delivery personnel, for example for sanitary reasons, in which case the products ordered will be left at the reception desk so that hospital staff can then deliver them to the recipients. It shall be the Company’s responsibility to prove delivery by any means whatsoever.
The delivery note or certificate or any other document presented by the Company or the carrier and used to justify proper delivery must be signed by the recipient if present and available, or by any other person representing the recipient and providing proof thereof (except in cases of bereavement or delivery to a public place to which access is restricted).
If the Customer is not present or is not represented at the time of delivery, the Customer must, on the basis of either the delivery notice left in the Customer’s letterbox if this is accessible, or the message sent via the Customer’s cell phone number, or the telephone message left on the Customer’s answering machine, contact SARL Narmino or the carrier whose address appears on the delivery notice, SMS or telephone message as soon as possible and go to the store whose address is indicated in the message sent in order to collect the products ordered which were intended for him/her, a second trip by the florist or carrier not being due to the Customer.

4.2. Delivery times and rates

As far as possible, orders are processed the same day they are received for all orders placed before 12:00 p.m. (Monaco local time) and are delivered the same day to the addressee, or on the first working day following the order if placed on Saturdays, Sundays or public holidays. The customer may request that his order be delivered to the addressee on a date of his choice, in accordance with the store’s availability.
In the event that the customer requests in his/her order that delivery be deferred to a date more than 30 days after the date on which the order was placed, SARL Narmino reserves the right to cancel the order if logistical conditions (stock, transport costs, etc.) or financial conditions (changes in the cost of raw materials, etc.) have significantly changed at the time of delivery requested by the customer. In the event of cancellation of the order by the Company, the amount of the order will be reimbursed to the Customer as soon as possible if the order has been paid for in advance.
A free delivery service is available to Monaco and certain communes close to the Principality of Monaco, above a certain order value, to a single location for the total order. This service can be extended to other bordering or non-bordering communes if the order exceeds a certain amount.

4.2.1 Delivery charges

– Monaco: free delivery regardless of amount.
– Beausoleil, Cap d’Ail: flat-rate delivery charge of €15, free delivery for orders over €100.
– Roquebrune-Cap-Martin, La Turbie, Beaulieu, Eze, St-Jean-Cap-Ferrat, Villefranche-sur-Mer, Menton: flat-rate delivery of €30, free delivery on orders over €300.
– Nice: flat-rate delivery for €50, free delivery for orders over €500.

4.3. Delivery methods according to the service providers selected by SARL Narmino

SARL Narmino uses its own logistical resources to deliver its orders. In the event of the unavailability of its delivery service, or in the event of a work overload making the intervention of an independent carrier compulsory, the customer will be informed of any additional costs linked to the use of such a carrier. If the customer refuses the independent carrier’s offer, the customer’s delivery may be delayed, without this being a possible cause for cancellation of the order.
During holiday periods, delivery times may be altered and may be longer. SARL Narmino declines all responsibility for any delay in delivery during holiday periods (e.g. Valentine’s Day, Grandmother’s Day, May 1st, Mother’s Day – this list is not exhaustive).
On the occasion of an important holiday with high delivery traffic (Grandmother’s Day, Mother’s Day, etc.), the order may be delivered the day before the holiday in question, without any possibility of cancellation or compensation for the Customer.
Deadlines will also be revised by the Seller in the event that an event beyond its control results in a delay in delivery.
The Buyer must provide the Vendor with the precise information required for delivery (surname, first name, digicode, floor, possible delivery days and times, recipient’s telephone number, etc.) at the time the order is placed on the Site, checking this information in particular at the time the order is validated.
The Company declines all responsibility and all compensation due to the Customer in the event of delays caused by false or erroneous information provided by the Customer at the time of the order.
SARL Narmino offers a service to the customer allowing him to choose the date and time of delivery, among working days and non-holidays and at certain times of the day whose time range is determined by SARL Narmino. This is made possible at the time of ordering by means of a form field dedicated to this service. Customers wishing to use this service must provide their telephone number so that they can be easily contacted at the time of delivery. Although this service is offered, SARL Narmino cannot be held responsible for any changes or delays in delivery, for whatever reason, and the customer may not obtain any compensation for failure to respect the requested delivery time slot. Regardless of exceptional and unforeseen circumstances, if SARL Narmino considers that it cannot deliver to the Customer on the day and at the time requested, SARL Narmino will inform the Customer by email or by telephone in order to arrange a new delivery date.
The possible times for a scheduled delivery are: the same day from 2pm to 7.30pm for all orders placed on the Site before 12pm (Monaco local time) and confirmed by the Seller.
Customers who have specified a preferred delivery date and time at the time of ordering must inform the Company of any change in their schedule. Delivery being made during the times indicated, in the event of absence of the recipient of the order, or in the event of unavailability of the Customer making delivery impossible, the costs incurred by a second delivery attempt will be charged to the Customer.

4.4. Possibilities and terms for returning deliveries

In the event that the Buyer (or the recipient of the order if the latter is not the Buyer), expresses his refusal to take delivery of the order or wishes to return one or more products of the Order, SARL Narmino will not reimburse the Buyer the amount corresponding to the products wishing to be returned given their nature (flower-based compositions) and given their fragility.
By accepting these terms and conditions, the customer waives his/her statutory right of withdrawal.

4.5. Right of withdrawal for flower products

Products may not be returned or exchanged unless otherwise agreed between the parties.

4.6. Delivery

The delivery rates applied are those in force on the site. These are indicated at the time of order validation by the Customer on the Site.

ARTICLE 5: PRICES

5.1. General

Orders are payable in Euros.
The prices applied are those in force on the day the order is validated. Prices are expressed in euros, inclusive of all taxes, unless otherwise stated on the Site.
Due to variations in exchange rates, transport costs, raw material prices and other factors, these prices may be subject to adjustment. SARL Narmino therefore reserves the right to modify its prices without prior notice.
Prices are ex SARL Narmino boutiques in Monaco, excluding transport. The cost of transport is set out in article 4 of these general terms and conditions.
Due to different ordering, manufacturing and logistical processes, the prices of similar products sold by SARL Narmino in its stores located at the following addresses: 1 rue Grimaldi, 98000 Monaco and 33 bd Princesse Charlotte, 98000 MONACO may differ from the prices indicated on the Site without this being binding on SARL Narmino. The customer will not be able to claim the acquisition of products indicated on the site at the prices indicated in the stores and vice versa.

5.2. Promotional offers and sales

In accordance with the legislation in force in Monaco, the Company will offer promotions and sales on various occasions. During these temporary operations, the price of products offered for sale may be modified. The Customer may not claim the right to benefit from these prices at a period other than that indicated in the communication of the commercial offer. Offers are specific to the Site and reserved for products sold there. The Customer may not in any way take advantage of a promotion in one of the Company’s two boutiques.

ARTICLE 6: ORDER PAYMENT

Payment of the order is payable by Paypal or credit card only. Customers who pay by credit card cannot cancel their order. Payment by Paypal is possible whether or not the customer has a Paypal account. If the customer does not have a Paypal account, he/she can use the Paypal interface to pay by credit card.
Unless technical obligations prevent the application of this condition, the customer’s bank account will only be debited with the amount of the order when it is dispatched.
Proof of the order price is recorded on the order form, saved in HTML format and stored securely on SARL Narmino’s computer server or on the web server hosting the Site, as well as on the order confirmation e-mail received by the Customer. The price indicated in these places is considered firm and definitive. Following payment, the Customer will receive a summary email which will serve as proof of payment. It will be the Customer’s responsibility to print or digitally archive this proof in a reliable manner.

ARTICLE 7: UNPAID AMOUNTS – LATE PAYMENT

In the event of late payment of the invoice or of any incident on the bank account, the sums due will bear interest at three times the legal rate, without the need for formal notice. This clause does not cancel the debt.
Any need for collection by legal action will automatically entail, at the customer’s expense, a penalty fixed at 15% of the amount of unpaid invoices on their due date.
SARL Narmino reserves the right to suspend all deliveries and to cancel orders in progress in the event of late payment or unpaid invoices.

ARTICLE 8: RESOLUTION OF THE SALE

Should the Customer fail to comply with any of its obligations, in particular with regard to payment, SARL Narmino will automatically terminate the sale and repossess the products delivered, if they have been delivered. Any deposits or partial payments made by the Customer shall be retained by the Seller as initial damages, without prejudice to the Company’s right to claim further damages.

ARTICLE 9: IMPOSSIBILITY OF PERFORMANCE

In the event of events beyond the control of Narmino SARL, whatever their nature, such as cases of force majeure, disasters and catastrophes, strikes, administrative decisions, transport stoppages which tend to delay, prevent or disproportionately increase delivery costs, constitute a cause for suspension or extinction of Narmino SARL’s obligations at its discretion, without compensation to the Customer.
Narmino SARL will inform the Customer as soon as possible of the existence of such events and will proceed, after agreement with the Customer, either to refund the amount of the undelivered Order, or to make a new delivery attempt when events permit.

ARTICLE 10: RETENTION OF TITLE CLAUSE

All sales on the Site are concluded with a reservation of ownership.
Consequently, the transfer of ownership of the products sold to the Customer is suspended until full payment of the order price.
The risks associated with the products sold are borne by the Customer as soon as they are delivered to the place agreed at the time the order was placed.
The Customer alone assumes full responsibility for any damage that the products may suffer or cause, for whatever reason, as soon as they are made available at the place of delivery agreed at the time the order was placed.

ARTICLE 11: CONFORMITY – WARRANTY – LIABILITY

The customer must ensure at the time of delivery that the products delivered conform in all respects to the order.
If this is not the case, the Customer must notify the Company immediately (within a maximum of 12 hours from the time of delivery) of any remarks in accordance with the provisions of article 4 of these general terms and conditions of sale.
In the event of defects or latent defects noted by the Customer on one or more products after delivery, and after expertise of the product by a person mandated by the Company, if the latter confirms the existence of such defects or latent defects, the Company may proceed either to its replacement by the same product or by an equivalent product, or to the reimbursement of the order, this choice being left to the free discretion of the Company.

ARTICLE 12: PRODUCTS – PRODUCT INFORMATION

The products presented on the Site comply with Monegasque legislation in force and with the standards applicable in Monaco.
The items offered by the Vendor on the Site are presented in a way that indicates their designation, description, composition, weight and dimensions, if any, their possible variants and the price including VAT of each of them. These indications are provided for the information of the Buyer, and are not exhaustive.
The photographs illustrating the products are merely indicative of the general presentation of the products. These photographs are not contractually binding. Consequently, in the event of variations between the representation of the products on the Site and the products actually delivered to the Customer, the responsibility of SARL Narmino cannot in any case be engaged.
The realization of each floral composition can vary according to the seasons and the artistic personality of each one of our employees, flowers and plants placed at its disposal at the time of the realization of the composition, however the delivered product will always be of equivalent value and quality. In the event of any obligations that would result in a significant difference between the product ordered on the Site by the Customer and the product delivered, the Customer will be informed as soon as possible in order to validate, modify or cancel the order.
As floral products may vary according to the season and other factors, all photographs and all information concerning the products presented on the Site are not contractual. In the event that the Customer should point out one or more variations or an obvious error between the characteristics of the products delivered and their representation on the Site, SARL Narmino shall not be held liable, and this shall not be grounds for cancellation of the order.
The product offers and prices proposed by the Vendor are valid as long as they are visible on the Site, and this within the limits of available stocks. The Company declines all responsibility in the event of stock shortage or unavailability of one or more of its products.
The availability of each product is provided at the time the order is placed by the Customer. There may be errors or exceptional modifications, for example in the event that several purchasers place orders of the same nature at the same time. If one or more products prove to be unavailable after the Customer has placed an order, the Vendor will inform the Customer by e-mail or telephone as soon as possible, offering the Buyer several solutions: either to replace the product ordered with a product equivalent in quality and value, or to postpone delivery until the product is in stock, or to cancel the order. If the Customer chooses to cancel the order and if it has already been paid for, the refund will be made as soon as possible and at the latest within 60 days from the date of the refund agreement.
The Company reserves the right to change the items offered on its Site at any time and without notice.
The customer is required to respect the optimal storage conditions generally recommended for flowers and plants: the place where they are stored must have a temperature of 16 to 18°C and a humidity of 50 to 60% in the air. The customer is also responsible for regularly watering potted plants, and for regularly changing the water in vases containing cut flowers, the method and frequency being indicated on the Company’s website. The brand image of SARL Narmino is at stake. No returns will be accepted in the event of deterioration of the floral products sold on the Site, regardless of the speed of this deterioration.

ARTICLE 13: RESALE OF PRODUCTS

The resale of products sold on the Company’s Site is strictly forbidden. If a Customer wishes to resell the products sold, he/she must first contact SARL Narmino in order to obtain the latter’s written agreement.

ARTICLE 14: PROPERTY RIGHTS – PRODUCT BRANDING

All elements published on this site, whether registered or not (texts, photos, graphics, software, scripts, databases, PDF documents, images, animations, sounds, videos and other documents are the exclusive property of SARL Narmino, whatever the medium on which the site is consulted.
Any use or reproduction of these elements is prohibited. Persons wishing to use any of the aforementioned elements must first request written authorization from the Company.
Persons downloading or collecting information published on the Site have only a private, personal and non-transferable right of use. They also undertake not to modify this information.
The Company intends to reserve and control the use made of its brand image by the Customer when the latter uses the products sold on the Site.
In particular, the Customer agrees not to refer to, use or reproduce on any medium whatsoever the name of SARL Narmino, without obtaining the Company’s express, prior and written authorization.
Certain images used on the Site are used by Narmino SARL in agreement with their respective owners. The relationship between Narmino SARL and the owner of an image is governed by a license that binds them exclusively.

ARTICLE 15: INFORMATION ON THE COLLECTION OF PERSONAL DATA – CONFIDENTIALITY AND PRIVACY

The information requested from the Customer, when registering his details on the Site, is necessary for the normal processing of his order by SARL Narmino.
The information provided by the Customer on the Site at the time of ordering and on any other document exchanged between the Customer and the Company in the context of the application of these General Terms and Conditions may be subject to automated processing for technical, administrative and commercial management purposes.
The Customer has the right to access, rectify and delete data concerning him/her, which may be exercised by sending a written request to SARL Narmino, at the following address: SARL Narmino, 1 rue Grimaldi, 98000 Monaco. The Customer may also make a request by e-mail to the address indicated on the Site’s contact page. If desired, the Customer may obtain further information concerning the types of processing carried out on his personal data by contacting the person in charge of personal data management within the company (Mr. Nicolas Matile-Narmino) by sending an email to his attention from the Site’s contact page. The customer may also modify his personal information in the “My Account” area, which is accessible from all pages of the Site.
By accepting these general terms and conditions of sale, the customer declares that he agrees to his e-mail address being included in the database of the newsletter that SARL Narmino may send on a regular basis. This email and other information may be transmitted to the IT service provider responsible for sending the newsletters. Customers may unsubscribe if they wish, by clicking on the unsubscribe link at the bottom of any newsletter they may receive.
With the exception of third parties whose intervention is necessary for the processing, execution and delivery of orders, as well as for the purposes of technical, administrative and commercial management mentioned above, SARL Narmino undertakes not to communicate personal data concerning the Customer to natural or legal persons outside the Company without the Customer’s prior authorization.
Cookies and site navigation, collection and storage of IP addresses:
The Company’s site has been designed to improve the experience of visitors to the site as much as possible. To this end, it makes use of cookies, in order to better identify visitors and also to enable them to access their account more easily, to manage their orders, their order basket and the history of their visits more efficiently, and to personalize the commercial offers made to them. The cookie is a record of various information deposited by the Company on the Customer’s computer and may be used for various simple tasks necessary for the proper functioning of the Site, such as the order basket, for example. SARL Narmino informs the Customer that he may configure his browser to block the use of cookies, but the Company cannot guarantee the Customer the normal operation of the Site if such a block were to be applied.
Concerning the use of third-party cookies:
Cookies may be issued by third-party companies and placed on the visitor’s computer or terminal when the latter browses the Site. For example, Google, which provides the Company with a statistical analysis service, may place one or more cookies on the visitor’s terminal. Narmino SARL specifies that the privacy protection policies of visitors and Customers are decided by these third-party companies alone, and that Narmino SARL has no access to them and cannot exercise any control over third-party cookies. However, we take care to work only with reputable companies capable of implementing effective measures to protect and secure the personal data of visitors and Customers.
Concerning social networks:
The Company’s Site may use social network plugins, such as Facebook, Instagram, Google+ and Twitter. In the event that a Customer or visitor to the Site interacts through one of these plugins, for example by clicking on a “like” button or a “share” button, the Customer or visitor to the Site is informed that information relating to his or her browsing on the Site and membership of these networks will be transmitted to and recorded on one of the servers of the company operating the social network in question, and that this information will be shared according to the settings of the user account of the social network on which the Customer or visitor to the Site is registered and according to the general terms of use of the said social network.
Customers or visitors to the Site who do not wish a social network to establish a link between the information collected via the Site and the user account of said social network, must disconnect from the social network in question before visiting the Company’s Site.
Concerning the IP address:
The IP address is used to uniquely identify a computer on the Internet network at a given time and is composed of a series of numbers separated by dots. Narmino SARL reserves the right to collect the IP address of customers and/or visitors to the Site.
This IP address may be kept with customers’ personal data for an equivalent period of time, to enable Narmino SARL, for example, to optimize the management of services offered by the Company to customers.

ARTICLE 16: PARTIAL INVALIDITY

In the event that one or more of the conditions of these General Terms and Conditions of Sale are declared invalid or declared as such by application of the Law, a decree, a regulation or following the final decision of a competent court in the matter, the other conditions will not be affected, the latter then retaining all their force and scope.

ARTICLE 17: WARRANTY

Given the perishable nature of the products sold by the Company on the Site, no warranty is offered on these products, except by agreement between the parties.

ARTICLE 18: EXCHANGES – EVIDENCE – NOTIFICATIONS

The Parties agree that exchanges between them may take place notably by e-mail. The Parties undertake to implement optimum security measures to ensure the integrity, availability and confidentiality of data exchanged by e-mail.
They shall at the same time implement all useful measures, such as regularly updated and correctly configured firewalls and anti-virus software, to protect themselves as effectively as possible against intrusions, attacks and the propagation of viruses in order to guarantee the availability, integrity and confidentiality of information received. The parties shall safeguard all messages transmitted in connection with the subject matter of these general terms and conditions in the most appropriate and secure manner possible.
The parties also undertake to implement, in conjunction with the measures mentioned above, all necessary measures to protect themselves as effectively as possible against intrusions, hacker attacks and the propagation of computer viruses, in order to ensure the integrity and confidentiality of their exchanges. To counter the risks mentioned above, the parties undertake to save, print and archive their exchanges.
Purchase orders, order validation and/or confirmation emails, invoices and all other documents resulting from the use of the Site and the placing of orders by the Customer will be printed and archived on a reliable and durable medium.

ARTICLE 19: COMPLAINTS

All claims concerning products ordered by the Customer must be made by registered post to the following address: Narmino SARL, 1 rue Grimaldi, MC98000 MONACO or by email to the address indicated on the contact page of the site. The Company will not be able to take into account complaints made by telephone.

ARTICLE 20: DISPUTES – JURISDICTION

These general terms and conditions of sale are governed by Monegasque law.
In the event of a dispute concerning the interpretation or execution of these general terms and conditions of sale, or in the event of a dispute concerning either the formation or the execution of the order, the Company will attempt to reach an amicable settlement between the Parties. Failing agreement between the Parties, the dispute will be referred by the claiming Party to the competent Monegasque judicial authorities.
In the event of a dispute of any nature whatsoever between the Customer and the Company or between the Site visitor and the Company, only the courts of the Principality of Monaco will have jurisdiction.
This clause cannot be waived, even in the event of a clause to the contrary by the Customer.

Legal information :

Identification of the offeror: SARL Narmino SARL au capital de 150,000€
N°RCI : 07 S 04689
N° TVA Intracommunautaire : FR81000077817
Siège social : Narmino SARL, 1 rue Grimaldi, 98000 MONACO
By Appointment to H.S.H. The Sovereign Prince of Monaco
Tel (+377) 97 70 28 50
Email : info@narmino.com