TERMS AND CONDITIONS
The website www.avenuefitzgerald.com is managed by A&D PEGASE BVBA, a limited liability company under Belgian law, whose head office is located at Rue de la Paille 30, 1000 Brussels, Belgium.
Legal representative : Diliara Ibraimova
VAT number : BE06 886 51 30 2
Email : firstname.lastname@example.org
§1 Basic Provisions
1.1. These general conditions of sale apply to the registration and orders made on www.avenuefitzgerald.com.
1.2. These general conditions of sale apply, in their version in effect at the time of the order (hereinafter GTC), to all orders placed by any person (hereinafter “you”) via www.avenuefitzgerald.com. from A & D PEGASE BVBA (hereinafter “we”). You declare that you have read and accepted the GTC and the rights and obligations arising from it before placing your order. Validation of your order is therefore acceptance of current GTC.
All our deliveries, services and offers are exclusively governed by these Terms and Conditions, unless expressly agreed otherwise in writing. We oppose any general or special conditions that are contrary or derogatory to these conditions.
1.3. The term “consumer”, used in these GTC, refers to a natural person placing an order that is not part of his professional or liberal professional activity. A “professional” within the meaning of these GTC is a natural or legal person who, when placing an order, acts within the framework and on behalf of his liberal or commercial professional activity. The term “customer” can mean both a consumer and a professional.
§2 Conditions and registration of contractual provisions
2.1 The presentation of the goods in our Internet shop is not a legally binding contractual offer on our part, but is only a non-committal invitation to order goods. By ordering the desired product, you submit a binding offer to enter into a purchase and supply agreement. Since flowers are seasonal products, we assume no guarantee that all products presented in our Internet shop are always available.
§3 Prices, shipping costs, payment
3.1. The price indicated is the price expressed in Euros, all taxes included at the legal rate in force. It does not include shipping costs. Delivery charges vary and are indicated during the order process.
3.2. The consumer can pay by PayPal, credit card or bank transfer. The consumer can, in addition, enter his discount code by ticking the box “I have a voucher”.
4.1 Orders received on Monday, Tuesday, Wednesday, Saturday and Sunday until 6.00 pm can be delivered at the earliest on the following 4th working day. The shipping is via Mondial Relay. After sending you will receive an e-mail with the tracking number of the shipment. You can use this to track the shipment online. We recommend that the recipient is personally present at the time of delivery. If the parceler does not find the recipient and hand over the package elsewhere or temporarily, the parcel should be collected immediately.
4.2. In the case of an unforeseen event that is not the responsibility of AVENUE FITZGERALD, AVENUE FITZGERALD authorizes itself to extend the delivery period in circumstances. This also applies in the case where the delay occurs in a subcontractor. The routing is determined by AVENUE FITZGERALD. If the delivery day is a holiday, the delivery will take place on the previous or following business day.
4.3. Unless otherwise agreed, the parcel is delivered to the delivery address indicated by the consumer. The consumer is obliged to keep the information concerning the delivery address up to date and to make the changes to his user account to ensure delivery. The consumer is held responsible in case of failure to deliver if the address entered is incorrect.
4.4. We reserve the right to make a partial delivery.
4.5. Business customers are responsible for delivery risks.
§ 5 Registration, Newsletter
5.1. The consumer has the opportunity to create a user account on the online store by filling in his email address and a password that he has chosen himself. The consumer can create an account during the ordering process. The consumer can also place an order without creating a user account (as a guest).
5.2. As part of the registration, we send the consumer a confirmation email and we create an account for him, on which he can manage and update his own data, such as the delivery address and billing. The user is obliged to keep his customer and payment data up-to-date.
5.3. The customer has the option to delete his account at any time. The data are immediately deleted as AVENUE FITZGERALD is not allowed to keep them, according to the regulations in force. For more information on protecting your data, please consult the Data Protection page.
5.4. If the consumer registers on the online store, he undertakes to fill in all information about him in an honest and complete manner. It is the consumer’s responsibility to ensure that access to his account is confidential and that no third party has unauthorized access to it.
5.5. The consumer is allowed to open only one account. AVENUE FITZGERALD reserves the right to delete duplicate entries.
§ 6 Reserve of property.
We, A & D PEGASE, reserve the ownership of the goods delivered until full payment of the price (including VAT and shipping) of the order.
§7 Loss or deterioration of goods
7.1. The products in our assortment are not subject to any legal warranty. We draw your attention to the fact that this is obvious in contract law.
7.2. For obvious damage during the delivery of the package, a complaint must be written immediately on the day of delivery before midnight. After this period, the complaints will not be taken into account.
7.2.1. Damage should be described as precisely as possible (type and appearance of damage to the package or products, etc.) and if possible accompanied by photographs.
7.2.2. AVENUE FITZGERALD reserves the right to retain the amount of the order and is not required to deliver a new package in case the consumer is at fault.
§8 Changes of the order informations.
8.1. Any changes to user data, such as delivery address, billing address, email address or the like, as well as changes for orders in progress must be submitted to AVENUE FITZGERALD at least 2 days before they come into effect . In this case, the changes can not be taken into account for the delivery of the order.
§ 9 Withdrawal
9.1. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period expires fourteen days after the day on which you, or a third party that you have designated other than the carrier, take possession of the last good.
To exercise your right of withdrawal, you must inform us – AVENUE FITZGERALD, Rue de la Paille 30, 1000 Brussels. email: email@example.com by means of a clear statement (letter, fax or e-mail) of your decision to assert your right of withdrawal.
In order to respect the withdrawal period, all you have to do is notify us of your wish to exercise your right of withdrawal before the expiry of the fourteen day period.
9.2. We may refuse the refund until we receive the proof of return, we will retain the date of the first of these facts.
You must return the goods to us immediately, in any event, not later than the day of the contract. The deadline is respected as soon as possible before the end of this period.
You pay the direct return costs.
The right of withdrawal is not valid for contracts for the supply of goods which are not made in advance and which are manufactured according to a choice or an agreement with the consumer, or which have been adapted to the particular needs of the consumer. delivery of goods that are quickly subject to deterioration.
§ 10 Exclusion of the right of revocation
10.1. However, the right of revocation does not apply to the following contracts:
- Controlling for the delivery of goods which could quickly spoil (especially flowers).
- Contracts for the supply of sealed goods.
- Contracts for the delivery of sound or video recordings or computer software in a sealed package.
- Contracts for the supply of goods which are not prefabricated and whose manufacture is subject to an individual choice.
Note: Please note that fresh cut flowers are fast-paced goods and there is no right of revocation.
§ 11 Other
11.1 If any provision of these GTC was or becomes invalid or unenforceable, the validity of the other provisions should not be found. The void or unenforceable provision would then be replaced by the applicable legal provisions.
10.1. AVENUE FITZGERALD is the right to modify the GTC, provided that the modifications in question are reasonable for the consumer. The consumer is informed of any changes or additions in writing or by email. If the consumer does not make these changes within six weeks.
11.2 Our flowers are natural products. The colors, shapes, sizes or images presented on our website, our brochures, advertisements, on social networks are not simply an example.
11.3. Our flowers are not for consumption.