CONDITIONS GÉNÉRALES DE VENTE

**PREAMBULE:**

L'entreprise S.A.R.L D.S, registered under SIRET number 51478643300029 and whose registered office and main establishment is at 23 rue des  cordeliers 64000 PAU, hereinafter referred to as « The Company », carries out the activity of artisan florist. More specifically and not exhaustively, the company S.A.R.L D.S creates and sells floral arrangements and plants for any type of event, with or without accessories and decorative objects (vases, containers), and this with the qualification and title of Master Artisan Florist.

1. OBJET

These terms of sale are concluded between the company S.A.R.L D.S and any individual or legal entity wishing to make a purchase via the Website S.A.R.L D.S.

These General Terms and Conditions of Sale aim to define the contractual relationship between the Company and the Customer, and the conditions applicable to any purchase made through the Company's online store, hereinafter referred to as « the Site ».

By these General Terms and Conditions of Sale, the Customer refrains from any purchase for resale, within the meaning of article L.110-1 of the Commercial Code

2. CHAMP D’APPLICATION ET ACCEPTATION DES CONDITIONS

These general terms and conditions of sale are applicable to consumers in accordance with the provisions of articles L.221-5, L.221-11 and following of the Consumer Code.

The general terms and conditions of sale do not apply to professionals carrying out the same activity or an activity similar to that of the Company S.A.R.L D.S.

In this case, the professional must contact The Company directly.

Any order implies unreserved acceptance of these General Terms and Conditions of Sale, which alone will govern the contractual relationship, to the express exclusion of any other document originating, in particular, from the Customer.

Le Client est tenu d’en prendre connaissance avant toute passation de commande.

These terms apply for the entire duration that the services offered by S.A.R.L D.S are online. The customer acknowledges having read, at the time of placing the order, the general terms and conditions of sale set out on the site WWW.ORVEGETAL.COM. Placing any order constitutes acceptance of these general terms and conditions without any reservation. These general terms and conditions of sale govern the contractual relationship between S.A.R.L D.S and its customer, both parties accepting them without reservation. These general terms and conditions of sale shall prevail over any other conditions appearing in any other document, except by prior, express and written exception. 

Any other condition, provided it is not contrary to these terms and that it includes a genuine consideration for the Company, will only be valid if it has been accepted beforehand, and in writing, by the Company.

These General Terms and Conditions of Sale are applicable only to customers invoiced and delivered in France, within the zone predefined by the Company S.A.R.L D.S.

The Company S.A.R.L D.S reserves the right to modify these General Terms and Conditions of Sale at any time.

In this case, the applicable conditions will be those in force on the date the Contract is concluded.

The Customer declares having read these General Terms and Conditions of Sale and having accepted them before concluding the Contract.

 

3. CARACTERISTIQUES DES BIENS

Each item  comes with a description drawn up by the Company S.A.R.L D.S.

The Company S.A.R.L D.S undertakes to work with fresh, seasonal flowers, which therefore depend on deliveries and supplier availability. The photographs on the Site are as faithful as possible, but the florist's work is artisanal and unique, so the visuals cannot ensure a perfect similarity with the item offered.  The photographs are not contractual.

Cependant, l'Entreprise S.A.R.L D.S undertakes to make its best efforts to respect the volume of the bouquet and the color range.

Vases and containers

The items offered on the Company's Site S.A.R.L D.S are limited according to available stock.

The accessories and decorative products such as vases or planter covers are likely to vary depending on supply and limited stock. The Company S.A.R.L D.S therefore reserves the right to modify a decorative product; nevertheless the Company undertakes to respect its color, its price and its style as closely as possible.

All the flower bouquets presented on the Site can be sold on their own; the suggested matching vases are sold as add-ons. The photographs are not contractual. The Company undertakes to respect the visual identity and price range as closely as possible.

The floral arrangements presented on the Site are sold with a container. The prices indicated therefore take into account the containers shown in the visuals. The photographs are not contractual. The Company undertakes to respect the visual identity and price range as closely as possible.

The plants offered on the Site are always presented and delivered with a planter cover. The prices indicated therefore take into account the containers shown in the photographs. The photographs are not contractual. The Company undertakes to respect the visual identity and price range as closely as possible.

The photographs, diagrams, drawings or videos illustrating the products do not fall within the contractual scope. If errors that do not alter the product's substantial characteristics have crept in, S.A.R.L D.S can in no case be held liable.

 

4. COMMANDE

The Customer places their order on the website WWW.ORVEGETAL.COM set up for this purpose. To buy one or more items, they must necessarily follow the following ordering process:

·  –  Choice of items and adding to the cart;

·  –  Validation of the cart contents;

·  –  Correct any input errors;

·  –  Provide the identification information (last name, first name, address, etc…);

·  –  Choice of delivery and information concerning the recipient (last name, first name, address, telephone required);

·  –  Choice of payment method and acceptance of the GTC;

·  –  Payment validation. The Customer can at any time during the order process view the details of their order as well as its total price and correct any errors before confirming it to express their acceptance.
Once payment is validated, the customer will receive an order confirmation email. The Company retains ownership of the items until the order is paid in full, that is, until the order price is collected by the Company S.A.R.L D.S. The Company reserves the right to cancel or refuse any order coming from a Customer with whom there is a dispute relating to the payment of a previous order.

The recipient's telephone number is essential for validating the order.

Any order constitutes acceptance of the prices and descriptions of the items available for sale.

The Company S.A.R.L D.S undertakes to honor the orders received on the website only within the limits of available stock. In the event of unavailability of the ordered item in stock, the Company will inform the Customer by email as soon as possible.

The Customer will then have the option of obtaining a refund (within 30 days of paying the sums they paid) or an exchange of the unavailable product for an equivalent product.

Messages personnels

The Site offers the possibility of attaching a personal message to the floral product ordered. Simply write this message in the space provided for this purpose when placing the order.

The Company S.A.R.L D.S reserves the right not to attach messages containing remarks inciting hatred, violence, harassment, racism, or intolerance on the basis of sexual orientation.

In addition, the Customer has the option of requesting to remain anonymous and must specify this when placing the order.
Nevertheless, to avoid any inconvenience, the recipient may ask for the origin of the message.

In this case, the Company S.A.R.L D.S may disclose the sender's name, which the Customer accepts.

 

5. TARIFS

The prices shown in the catalog are prices including all taxes in euros, taking into account the VAT applicable on the day of the order; any change in the rate may be passed on to the price of the items.

The Company S.A.R.L D.S reserves the right to change its prices at any time, it being understood that the price shown in the catalog on the day of the order will be the only one applicable to the Customer. The prices are valid only for mainland France.


6. MODALITES DE PAIEMENT

Payment for purchases is made via one of the following means, through an independent provider (online bank),

at the Customer's convenience:

– Par carte bancaire (VISA, Mastercard) ;
– Par virement bancaire ;
– Par PAYPAL ;
– Par STRIPE ;
– By any other means as provided for by the site and expressly accepted by the parties.

It is noted that foreign bank cards are not accepted. As such, the Customer will have to use another means of payment (transfer or PAYPAL or STRIPE in particular).

The delivery of the products as provided for in article 7 will only be made once payment has occurred.

Given the rise in fraud recorded in online commerce and in order to secure payments, for any order placed by a Customer on the Site, the Company S.A.R.L D.S will carry out a check of the order's elements before delivery.

As part of this check, the Company S.A.R.L D.S will reserve the right, depending on the destination, the amount, the rarity or the type of products ordered, to require from the Customer proof of identity and proof of address, or a KBIS extract for legal entities.

In the event of the Customer's express or tacit refusal to provide the requested supporting documents or in the event of non-compliant documents, the Company S.A.R.L D.S will cancel the transaction and immediately refund to the Customer's bank account.

The Customer's refusal is considered tacit in the event of no response within 15 days following the request for supporting documents.
 

7. LIVRAISON
7.1 Délais de livraison

The Company S.A.R.L D.S ; undertakes to deliver the orders placed by the Customer within the timeframes provided.

As an indication, the following timeframes apply:

–  For same-day delivery (Monday to Saturday), the order must be placed no later than 10:00 AM  ;

–  From the next morning for any order placed after 10:00 AM;

–  For holiday periods (excluding public holidays): orders must be placed no later than 6:00 PM the day before. The Customer is informed and accepts that the Company commits to an obligation of means and, as far as possible, to carry out deliveries within the agreed timeframes.

7.2 Frais de livraison

The delivery fees for the products are calculated and indicated before the order is validated.

Le prix est affiché en euros toutes taxes comprises.

Online orders with delivery are only possible in PAU and the surrounding area.

As an indication, the delivery fees for Pau and the Pyrénées-Atlantiques and the delivery fees for municipalities outside the 64 department are applied according to the following table.


The details of the municipalities served by delivery and the complete list of the catchment area are available on the Site WWW.ORVEGETAL.COM.

The Company S.A.R.L D.S reserves the right to refuse any order if the delivery is located outside the zone defined above.

7.3 Mode de livraison

To ensure the delivery of the items, the Company S.A.R.L D.S may call on external providers. In the event of using an external provider, the Company S.A.R.L D.S will not need the Customer's express agreement.

Upon delivery, the Customer is required to check the good condition of the items delivered. Any anomaly found (missing item, damaged packaging, broken item…) must be noted and reported by email within 3 days to the Company S.A.R.L D.S, following receipt of the product.

The Customer has the option of accepting the order or not.

The Customer has a period of 30 business days from the order's shipping date to report non-receipt and request the cancellation of the sale and the refund of the items. After this period, no cancellation of the sale will be accepted.

The Company undertakes to honor all deliveries within the timeframes chosen by the customer. However, it will be dependent on  various unforeseeable factors (traffic, weather, vehicle breakdown, etc...) that may delay or make it impossible to hand over the items on time.

The Company will carry out a new delivery during the initially chosen time slot, and this at no extra cost.

Aucuns remboursement ou compensation ne pourra être demandé. 

7.4 Absence or refusal of the recipient

The recipient is systematically called before delivery in order to ensure their presence.

In the event of the recipient's absence at the delivery address, a delivery notice will invite them to come to the workshop within 48h. The delivery will then be deemed completed.

If the recipient fails to come to the workshop to collect the floral product, the Customer cannot claim any refund or exchange. The same applies if the recipient comes to the workshop after the floral product's keeping time has been exceeded (72h after the planned delivery date).

In the event that the recipient refuses to take possession of the floral product, the delivery will be deemed completed and the Customer cannot claim any refund or exchange; they may, however, still come to collect the product within 48h at the workshop.

Procedure in the event of non-receipt of the products by the recipient

The Company undertakes to inform the Customer by email in the event that the products are refused by the recipient, in the event of an erroneous or incomplete address preventing delivery, or in the event that a delivery notice is left for an absent recipient.

However, even in these cases, the delivery will be considered completed.

 

7.5 Le Retrait en Atelier

On the website, the Customer can choose Workshop Pickup. Workshop Pickup is free and involves no additional cost for the Customer. The Customer undertakes to collect their floral product at the Workshop address indicated during the order process on the Site, namely 23 rue des cordeliers 64000 PAU. The Customer must come to the Workshop during the time slot of the day they selected on the Site at the time of their order. The pickup hours are as follows : Monday to Saturday between 12pm and 2pm or between 5pm and 7:30pm, Sunday between 9am and 12:30pm.

If the Customer fails to come to the workshop during the hours indicated above to collect their floral product(s), the Company S.A.R.L D.S may not offer any refund or exchange. However, the customer may collect their item(s) up to 48h after the initial pickup date. The Company will keep the item(s) in the best conditions; however, as plants are fresh and fragile, the Company will not allow any modification and/or exchange of the packaged/ordered products.

The Company S.A.R.L D.S reserves the right to change the workshop pickup time after the order has been placed, up to 1h before pickup, and undertakes to inform the Customer and agree with them on another pickup or a delivery at the times that suit them, at no extra cost to the Customer.

8.     DROIT DE RETRACTATION GENERALE

The products offered by the Company S.A.R.L D.S that are considered perishable (flowers and plants) are not subject to the right of withdrawal and cannot be refunded.

For other non-perishable products (accessories, vases and planter covers), the Customer has the right to withdraw without giving any reason within fourteen days.

The withdrawal period expires fourteen days after the day on which the Customer, or a third party other than the carrier and designated by the latter, takes physical possession of the good.

To exercise their right of withdrawal, the Customer must notify OR VEGETAL at 23 RUE DES CORDELIERS 64000 PAU of their decision to withdraw from this contract by means of an unambiguous statement, and this by way of a letter sent by post, fax or email to the following address: contact@orvegetal.com

For the withdrawal period to be respected, it is enough for the Customer to send the communication relating to the exercise of the right of withdrawal before the expiry of the period.

Effects of withdrawal

In the event of withdrawal by the Customer from this contract, the Company will refund all payments received from the latter, including delivery costs  without undue delay and, in any event, no later than fourteen days from the day on which the Company S.A.R.L D.S is informed of their decision to withdraw from this contract.

The Company will make the refund using the same means of payment as the one used for the initial transaction.

The Company S.A.R.L D.S reserves the right to defer the refund until it has received the ordered items or until the Customer has provided proof of shipment of the ordered items, the date used being whichever of these comes first.

The Customer must return or hand back the good, at OR VEGETAL 23 RUE DES CORDELIERS 64000 PAU without undue delay and, in any event, no later than fourteen days after communicating their decision to withdraw from this contract. This period is deemed respected if the Customer returns the good before the expiry of the fourteen-day period.

The Customer will bear the direct cost of returning the good.

The Customer's liability is only engaged with regard to the depreciation of the good resulting from handling other than that necessary to establish the nature, the characteristics and the proper functioning of this good.

 

**9. CONDITIONS GÉNÉRALES DE GARANTIE**

9.1 Garantie de conformité

Under the provisions of article L.217-4 of the Consumer Code:

« The seller delivers a good that conforms to the contract and is liable for conformity defects existing at the time of delivery.
It is also liable for conformity defects resulting from the packaging, the assembly instructions or the installation when this has been made its responsibility by the contract or has been carried out under its responsibility. »

Article L.217-5 of the Consumer Code provides:

« The good conforms to the contract:

The returned items must be intact, unopened and in perfect condition. They must

be returned in a condition allowing their resale.

1° If it is suitable for the use usually expected of a similar good and, where applicable:
– if it matches the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;

– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by their representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter. »

Finally, article L217-12 of the Consumer Code provides:

« The action resulting from a lack of conformity is time-barred two years from the delivery of the good. »

9.2 Warranty for hidden defects

Conformément aux dispositions de l’article 1641 code civil :

« The seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that so diminish that use that the buyer would not have acquired it, or would have given only a lower price for it, had they known about them ».

Under the provisions of article 1648 paragraph 1 of the Civil Code:

« The action resulting from latent defects must be brought by the buyer within two years from the discovery of the defect. »

The consumer may decide to invoke the warranty against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code.

The following defects are expressly excluded from the warranty:
– caused by abnormal or improper use, inappropriate humidity or heating, excessive exposure to the sun's or moon's rays,
– resulting from a cause unrelated to the intrinsic qualities of the said goods,
– damage of external origin, arising from the Customer's intentional act, poor maintenance, or due to the effects of ambient conditions,
– normal wear and tear resulting from its use,
– discoloration, alteration or any changes and deterioration of appearance due to the action of light, of liquids or solids, or to the use of unsuitable care products.

It is recalled that buyers must, in any event, refer to the care and use advice specified by the Company S.A.R.L D.S,
– damage caused by domestic animals, wood-boring pests or by any other insects.

 

The flowers used make each piece a model with particular intrinsic qualities. As such, differences in appearance cannot be likened to defects.


**10. RESPONSABILITÉ DE L'ENTREPISE SARL D.S (OR VEGETAL)**

 The Company S.A.R.L D.S is responsible for the proper performance of the obligations resulting from the concluded contract, whether these obligations are performed by itself or by subcontractors, without prejudice to its right of recourse against them.

It cannot be held liable when the Customer fails to comply, in whole or in part, with these General Terms and Conditions of Sale, or in the event of an unforeseeable act of a third party or in the event of force majeure as defined in article 11 of these General Terms and Conditions of Sale.

In this case, it may exempt itself from all or part of its liability by providing proof of the non-performance or poor performance of these General Terms and Conditions of Sale, either when this is attributable to the Customer, or when it is the unforeseeable and insurmountable act of a third party to the Contract, or else the consequence of a case of force majeure recognized as such by case law.

In addition, the Company's liability cannot be substituted for that of the manufacturer, for manufacturing defects or flaws (as regards vases and containers), as well as their possible consequences.

The Company S.A.R.L D.S cannot be held responsible for the condition of the plants once delivery has been made.

Finally, the Company S.A.R.L D.S cannot be held responsible for the customer's misuse of the products, or for the total or partial impossibility of using the product, notably due to a health incompatibility (allergy among others).


**11. IMPOSSIBILITÉ D’ÉXÉCUTION ET FORCE MAJEURE**

All circumstances beyond the control of the parties arising after the entry into force of the Contract, and preventing its performance under normal conditions, are considered grounds for exemption from the parties' obligations and lead to the suspension of the Contract if they are considered cases of force majeure.

Only the obligations impacted by the case of force majeure will be suspended, and this for a duration limited to the effects of the force majeure.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence within 24 hours, as well as of their disappearance.

Force majeure includes, without this list being exhaustive, strikes, floods, fires, wars, natural disasters, the spread of a virus that would be classified as stage 3 of the epidemic by the authorities, measures taken by the administrative authority within the framework of a social or health crisis, or any other event likely to require the intervention of local, national or international authorities.
 

12. VALIDITE – TOLERANCE

In the event that any clause of this contract is declared null or contrary to the law or in any way unenforceable, that clause will be declared null and void, without resulting in the nullity of the entire Contract.

The parties will make their best efforts to implement a provision of equivalent scope and effect.
 

13. INFORMATION PRECONTRACTUELLE – ACCEPTATION DU CLIENT

The Customer acknowledges having been provided, prior to placing their order and concluding the Contract, in a clear and comprehensible manner, with these General Terms and Conditions of Sale and all the information listed in article L.221-5 of the Consumer Code, in particular the following information:

·  –  the essential characteristics of the Service;

·  –  the price of the Services and the related fees (delivery, for example);

·  –  in the absence of immediate performance of the Contract, the date or the period by which the Company undertakes to provide the ordered Services;

·  –  information relating to the Company's identity, to its postal, telephone and electronic contact details, and to its activities, if they are not apparent from the context;

·  –  information relating to the legal and contractual guarantees and to their implementation procedures;

·  –  the possibility of using conventional mediation in the event of a dispute;

·  –  information relating to the right of withdrawal (existence, conditions, period, procedures for exercising this right and standard withdrawal form), to the termination procedures and other important contractual conditions;

·  –  the accepted means of payment.
 

14. DROITS D’UTILISATION


All the elements of the Site, in particular all graphic, audio, textual and video elements, including the underlying technology and the presentation of the products, are the exclusive property of the Company, including registered trademarks, domain names and logos.

The Customer formally refrains, consequently, from carrying out any reproduction, representation or distribution, even partial, of any particular element forming an integral part of the website of the Company S.A.R.L D.S.

Any reproduction and representation of the Site is subject to the express and prior agreement of the Company.

Failure to comply with this obligation constitutes an infringement engaging the civil and criminal liability of its author.

 

15. INFORMATIQUES ET LIBERTES – PROTECTION DES DONNEES PERSONNELLES


In application of law no. 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer is in particular necessary for processing their order and establishing invoices.

The Company S.A.R.L D.S implements processing of personal data whose legal basis is:

·  The performance of pre-contractual measures or of the Contract when it implements processing whose purpose is:

·  –  The production, management and monitoring of its Customers' files;

·  –  Le recouvrement.

·  Compliance with legal and regulatory obligations when it implements processing whose purpose is:

·  –  The prevention of money laundering and terrorist financing and the fight against corruption;

·  –  La facturation ;

·  –  La comptabilité.

The Company SARL D.S keeps the data only for the time necessary for the operations for which it was collected, as well as in compliance with the regulations in force.

In this regard, customer data is kept for the duration of the contractual relationship plus 5 years for engagement and prospecting purposes, without prejudice to the retention obligations or the limitation periods.

In accounting terms, they are kept for 5 years from the close of the accounting year.

The data controller is the manager of the company S.A.R.L D.S 23 rue des cordeliers 64000 PAU and whose email address is the following: contact@orvegetal.com

The data processed is intended for the Company's authorized personnel.

This data may also be communicated to third parties, linked to the Company by Contract and in particular to the Company's possible partners in charge of the execution, processing, management and payment of orders.

The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, erasure, restriction, rectification and portability, as well as a right to object to processing, regarding the information concerning them, which they can exercise by sending a registered letter with acknowledgment of receipt to the Company's registered office.

The persons concerned have the right to lodge a complaint with the National Commission for Data Protection and Liberties (CNIL).


16. DROIT APPLICABLE

These General Terms and Conditions of Sale are subject to French law. This applies to the substantive rules as well as the formal rules.
 

17. LITIGES

 
In the event of difficulties in applying these general terms and conditions of sale, the Customer undertakes to seek an amicable solution by first contacting the Company S.A.R.L D.S.

If the response provided by the Company does not satisfy them, they may use the consumer dispute mediation service by contacting a mediator.

The consumer mediation website is accessible at the following address: www.mediation-conso.fr

Any dispute related to the formation, performance and termination of the contractual relationship falls under the exclusive jurisdiction of the competent Court of the registered office of the Company S.A.R.L D.S.

 

18. LISTE D’OPPOSITION AU DEMARCHAGE TELEPHONIQUE

In application of article L 121-34 of the Consumer Code, the Company informs the consumer of their right to register on the Bloctel opt-out list for telephone canvassing, accessible on the site: https://conso.bloctel.fr.

 

CODE DE LA CONSOMMATION :

Article L111-1

Before the consumer is bound by a contract for the sale of goods or the provision of services, the professional communicates to the consumer, in a legible and comprehensible manner, the following information:
1° The essential characteristics of the good or service, taking into account the communication medium used and the good or service concerned;

2° The price of the good or service, in application of articles L. 112-1 to L. 112-4;
3° In the absence of immediate performance of the contract, the date or period by which the professional undertakes to deliver the good or perform the service;
4° Information relating to its identity, to its postal, telephone and electronic contact details and to its activities, insofar as they are not apparent from the context;
5° Where applicable, information relating to the legal guarantees, the features of the digital content and, where applicable, its interoperability, the existence and the procedures for implementing the guarantees and the other contractual conditions;
6° The possibility of using a consumer mediator under the conditions provided for in title I of book VI.
The list and the precise content of this information are set by decree of the Conseil d'État.
The provisions of this article also apply to contracts for the supply of water, gas or electricity, when they are not packaged in a defined volume or in a determined quantity, as well as district heating and digital content not supplied on a Material medium. These contracts also refer to the need for sober consumption that respects the preservation of the environment

Article L111-2

In addition to the information provided for in article L. 111-1, every professional, before concluding a contract for the provision of services and, where there is no written contract, before performing the service, makes available to the consumer or communicates to them, in a legible and comprehensible manner, the additional information relating to their contact details, their service-provision activity and the other contractual conditions, the list and content of which are set by decree of the Conseil d'État.

The additional information that is only communicated at the consumer's request is also specified by decree of the Conseil d'État.

Article L111-3

The provisions of articles L. 111-1 and L. 111-2 apply without prejudice to the specific provisions on consumer information particular to certain activities. The provisions of article L. 111-2 apply neither to the services mentioned in books I to III and in title V of book V of the Monetary and Financial Code, nor to operations carried out by undertakings governed by the Insurance Code, by the supplementary occupational retirement funds mentioned in article L. 381-1 of the same code, by the mutual societies and unions governed by book II of the Mutuality Code, by the supplementary occupational retirement mutual societies and unions mentioned in article L. 214-1 of the same code, by the provident institutions and unions governed by title III of book IX of the Social Security Code and by the supplementary occupational retirement institutions mentioned in article L. 942-1 of the same code.

Article L221-5

Prior to concluding a contract for the sale or provision of services, the professional communicates to the consumer, in a legible and comprehensible manner, the following information:
1° The information provided for in articles L. 111-1 and L. 111-2;

2° When the right of withdrawal exists, the conditions, the period and the procedures for exercising this right as well as the standard withdrawal form, the presentation conditions and the information it contains being set by decree of the Conseil d'État;
3° Where applicable, the fact that the consumer bears the cost of returning the good in the event of withdrawal and, for distance contracts, the cost of returning the good when it cannot normally be returned by post due to its nature;
4° Information on the consumer's obligation to pay costs when exercising their right of withdrawal from a contract for the provision of services, the supply of water, gas or electricity, or a subscription to a district heating network whose execution they expressly requested before the end of the withdrawal period; these costs are calculated according to the terms set out in article L. 221-25;
5° When the right of withdrawal cannot be exercised pursuant to article L. 221-28, the information that the consumer does not have this right or, where applicable, the circumstances under which the consumer loses their right of withdrawal;
6° Information relating to the professional's contact details, where applicable to the costs of using the distance communication technique, to the existence of codes of good conduct, where applicable to deposits and guarantees, to the terms of termination, to the methods of dispute resolution and to the other contractual conditions, the list and content of which are set by decree of the Conseil d'État.

In the case of a public auction as defined by the first paragraph of article L. 321-3 of the Commercial Code, the information relating to the identity and the postal, telephone and electronic contact details of the professional provided for in 4° of article L. 111-1 may be replaced by those of the agent.

Article L221-6

If the professional has not complied with their information obligations regarding the additional costs mentioned in article L. 112-3 and in 3° of article L. 221-5, the consumer is not required to pay these costs.

Article L221-7

The burden of proving compliance with the information obligations mentioned in this section lies with the professional.

Article L221-18

The consumer has a period of fourteen days to exercise their right of withdrawal from a contract concluded at a distance, following telephone canvassing or off-premises, without having to justify their decision or bear any costs other than those provided for in articles L. 221-23 to L. 221-25. The period mentioned in the first paragraph runs from the day:
1° From the conclusion of the contract, for service-provision contracts and those mentioned in article L. 221-4;
2° From receipt of the good by the consumer or a third party, other than the carrier, designated by them, for contracts for the sale of goods. For contracts concluded off-premises, the consumer can exercise their right of withdrawal from the conclusion of the contract.

In the case of an order covering several goods delivered separately, or in the case of an order for a good composed of multiple lots or pieces whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or the last piece. For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good

Article L221-28

The right of withdrawal cannot be exercised for contracts:
1° Of the provision of services fully performed before the end of the withdrawal period and whose execution began after the consumer's express prior agreement and express waiver of their right of withdrawal;
2° Of the supply of goods or services whose price depends on fluctuations in the financial market beyond the professional's control and likely to occur during the withdrawal period;
3° Of the supply of goods made to the consumer's specifications or clearly personalized;
4° De fourniture de biens susceptibles de se détériorer ou de se périmer rapidement ;
5° Of the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
6° Of the supply of goods that, after having been delivered and by their nature, are inseparably mixed with other items;
7° Of the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the professional's control;
8° Of maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, within the limit of the spare parts and work strictly necessary to meet the emergency;
9° Of the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Of the supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
11° Concluded at a public auction;
12° Of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities that must be provided on a specific date or period;
13° Of the supply of digital content not provided on a material medium whose execution began after the consumer's express prior agreement and express waiver of their right of withdrawal