TERMS & CONDITIONS

Terms of Use Agreement

The use of this site is governed by the policies, terms and conditions set forth below . Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to Pampaflower.com indicates acceptance of these terms and conditions. These terms and conditions shall supercede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Pampaflower.com.

Pampaflower.com  reserves the right to make changes to this site and these terms and conditions at any time. By ordering or registering on Pampaflower.com you grant us the right to add your contact details to our database. From time to time we may contact you about offers and new products. You can easily be removed by either unsubscribing via a link or contacting our Customer Service at shoponline@pampaflower.com and we will remove you from marketing communications.

These Terms and Conditions of Sale apply to the purchase in Europe of products sold on the European website http://www.pampaflower.com/shop/en Pampaflower (referred to hereinafter as "the Seller") is a french  microenterprise whos owner is Carolina Guidi Avendano, based in Soorts Hossegor (40150), 288 Avenue Touring Club, registered on the Registry of Trade and Companies of Dax , Siret number is 53205271900012.

Article 1 Object

The object of this agreement is to define the terms of sale of products sold on the website http://www.pampaflower.com/shop/en (referred to hereinafter as "the Website") between Pampaflower, the Seller, and any person aged over 18 and/or having the capacity to enter into a contract (referred to hereafter as "the Customer") and wishing to make a purchase for his/her strictly personal reasons, excluding any professional or commercial purpose (referred to hereinafter as "the Parties").

It is expressly agreed between the Parties that the Terms and Conditions of Sale in effect on the date of purchase and accepted by the Customer govern their dealings exclusively.

If a particular matter is not provided for in these Terms and Conditions of Sale, current practices in the sector of distance selling involving companies with their head office in France will be applied.

This agreement is available in English, French and Spanish . The Parties agree that in the event of contradiction between the different language versions, the French version will prevail. 

Article 2 Details of products

2.1. Description of products
Products available for sale on the Website are represented by high quality photographs and accompanied with a description of their key features.
Products are described and presented as accurately as possible.
However, given the computer technology used, products delivered may sometimes have minimal differences compared to the photographs on the Website, particularly differences in colour.

In the products manufactured with leather it is possible to find imperfections and color variations that are characteristic of natural leathers.

2.2. Prices
Prices
Prices are indicated in Euros (€) including taxes. Prices include French Value Added Tax (VAT) which is applicable to all orders.
The price of products does not include delivery costs of the order which remain payable by the Customer, the amount of which will be indicated when checking the 'basket' as well as on the order before it is confirmed.
By confirming an order, the Customer agrees to pay the full price previously indicated.
In the case of an obvious error in the price of a product, the Seller reserves the right to cancel the purchase of this product, at no charge for the Customer.
Prices are subject to change without notice. There may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total. All credit cards are charged in Euros. Non-Euro currency figures are all approximations based on an exchange rate at date of purchase.

Shipping costs
The exact amount of shipping costs depends on the country to which the order is shipped.
For more details on the shipping costs per country, the Customer is asked to refer to the "Shipping Info" section of the Website.
The total price indicated on the final screen of the payment process and in the confirmation of receipt of the order includes taxes and shipping costs.

Article 3 - Order

3.1 Placing orders
The Customer has to complete different stages to place an order on the Website:

1.Select products

2.Add products to basket

3.Check/Change order

4.Select delivery and billing options

5.Read and accept the Terms and Conditions

6.Pay

7.Confirm order

8.Receive an order confirmation.

The Customer can make changes to his/her basket prior to final confirmation.

The Customer is bound by the order once he/her clicks on "Confirm Purchase" at the end of the ordering process.
Once the order is recorded, a confirmation message will be automatically displayed on the Website, indicating the order number and details of the products purchased.
After receiving the order, the Seller will e-mail the Customer a detailed acknowledgement of receipt for his/her order indicating the products ordered and the amount billed (including taxes and shipping costs). By issuing this receipt, the Seller accepts the order placed by the Customer.

By placing an order, the Customer accepts the prices and descriptions of products purchased as well as the Terms and Conditions of Sale in effect on the date of the order.
For any exceptional orders (due to quantities ordered or delivery address in particular), the Customer must contact the Customer Service.

3.2 Prior acceptance of Terms and Conditions of Sale
Prior to ordering anything from the Website, the Customer is required to read and accept the Terms and Condition of Sale, indicating this by ticking a box on the acceptance window which appears during the order process prior to payment.

The Customer can save and print the Terms and Conditions of Sale in effect on the date of his/her order via the acceptance window or using the "Terms and Conditions" section of the Website.
These Terms and Conditions of Sale can be changed at any time. However, the Terms and Conditions of Sale applicable to an order are those in effect on the date this order is placed.

3.3 Refusal or freezing of order by Seller
In the case of a difficulty or dispute on a previous order, the Seller reserves the right to freeze the Customer's order until the problem is resolved.

The Seller can also refuse or cancel an order in the following situations: 
The Customers bank details are unusable (incorrect or non-verifiable), 
The payment has been refused by the Customers bank or was not made in the set time, 
The delivery address provided by the Customer is incorrect or does not exist, 
The Customer is presumed not to have the capacity to contract or not to be ordering for his/her strictly person purposes, 
The price indicated was clearly incorrect, 
The order is identified by security systems as being unusual or fraudulent, 
The Customer has violated these Terms and Conditions of Sale, 
Or for any other legitimate reason. 
The Seller can then carry out some additional checks and ask the Customer for the documents or information required to fulfil the order.
The Seller cannot be held liable for any damages or costs incurred following this refusal or freezing of an order.

3.4 Availability of products
Orders are only honoured if stock is available.
Products offered and prices are valid when they are visible on the Website at the time the Customer is placing an order, according to available stock.

If a product is not available after the Customer places an order, the Seller will inform the Customer by e-mail as soon as possible. The amount of the order will be recalculated and the Customer will be reimbursed for the value of the products not available or the whole of the amount of the order if it is completely unavailable, at the latest within 14 days after the Customer has placed the order. If the Seller cancels the order due to the unavailability of the products, the Customer is not entitled to any compensation.

However, if a product is unavailable, the Seller can supply a product of an equivalent quality and price if the Customer agrees. The return costs resulting from exercising the right of withdrawal related to the substituted product are, in this case, paid by the Seller.

3.5 Order Cancellations
If notified before goods have been dispatched, Pampaflower.com can accommodate order cancellations. If items have been shipped, Pampaflower.com reserves the right to refuse order cancellation. Product returns are not accepted

Article 4 Payment

4.1 - Currency
For the countries of the European Union to which the Seller agrees to deliver the products, orders are payable in Euros (€).
If the local currency of the Customer differs from the currency in which the prices appear on the Website, the Customer's bank will apply the exchange rate in effect on the date of the order (unless a different rate is applied on a discretionary basis by the Customer's bank).
Consequently, changing the country of delivery can change the price of the products given the change in currency.

4.2 - Terms of payment
The Customer can pay for his/her orders on the secure payment server by Visa card or Mastercard indicating his/her card number, expiry date and the last three figures on the back of the card.

4.3 Protection of payments
The Seller has set up a process for the protection of transactions with a view to ensuring the security, integrity and confidentiality of payments made on its Website. Credit card numbers are not stored in the Seller's systems. When purchasing, the bank details and payment details of the Customer are encrypted using the SSL protocol (Secure Socket Layer) from when they are entered by the Customer until the end of the transaction.

None of the Customer's bank information goes through the Website or is recorded on a public server or on the Seller's servers. The Customer's bank details will therefore be requested again for each new order on the Website.

However, the Seller cannot be held liable for damages resulting from events outside its control related to the use of electronic means of communication (failure or delay in the transmission of electronic communications/data, interception or manipulation of electronic communications by third parties and/or computer viruses).

4.4 - Reservation of title
The Seller reserves title to the products until it has received payment in full for the products.

4.5 - Promotional codes
With discount deals (promotional codes, discount vouchers, etc), the Customer is eligible for an exceptional discount on the purchase of a single product or on an order for several products during the period of validity.
These discount deals are only valid during the period of validity and are limited to the number of products and stocks available indicated on the deal concerned.
Discount deals are personal, not transferable to a third party in any way whatsoever and can only be used for on-line purchases on the Website.
Discount deals cannot be combined nor can they be combined with another special offer or promotion, unless stated otherwise in the deal.
Discounts cannot under any circumstance be exchanged for cash.
Discounts are deducted from the amount including tax of the product concerned or the order, excluding delivery costs which are paid by the Customer. 
If items included in an order are returned and the order no longer meets the spend level required for the promotion, the discount will no longer apply. If a promotional code is used to receive a free gift with an order and the order is returned, the free gift must also be returned in its original condition, otherwise the cost of the free gift will be charged to the customer.

Article 5 - Delivery

5.1 Delivery territory
Orders can be delivered in the countries listed in the "Shipping Info" section of the Website.
If the Customer requires delivery to a territory other than those listed, he/she can contact Customer Service. However, the Seller can only meet this request if it is technically possible and the Customer agrees to bear all the resulting costs which will have been indicated by the Seller in advance.

5.2 Delivery times

From Monday to Friday, orders confirmed before 12 a.m. (midday) CET and paid by card will be handled  in 72hs. from  the next day. Orders confirmed  on Friday after 12 a.m. (midday) CET are handled on the first working day after the date of the order.

Orders confirmed on Saturdays, Sundays or public holidays in France are handled frpom the Monday or first working day after, (working days are days actually worked in the company, which excludes Saturdays, Sundays and public holidays).
Pampaflower.com will not be held accountable for late deliveries or loss or damage relating to late deliveries. As there personally handmade products, it may happen that the delivery time will be longer than normally because Pampaflower  must  manufacture it.  In the event that multiple items are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify you will be made using the details you provided. Please ensure you enter the correct delivery address. Pampaflower.com can not be held responsible for incorrectly entered delivery addresses.


5.3 Terms of delivery
Partial deliveries can be made if, for example (but not only in this case), certain products are unavailable. In this case, the Seller will inform the Customer by e-mail to the address provided to it when ordering. The Seller will propose a new delivery time for the products that are unavailable and the Customer will be free to accept this or not. The Seller will bear the additional shipping costs which will not be billed to the Customer. If the Customer refuses the new delivery date, the Seller will reimburse the Customer for the products not delivered at the latest within 7 days after receipt of the Customer's written refusal.

 5.4 Transfer of risks
The risk of loss or damage of products ordered is transferred to the Customer when he/she, or a third party designated by him/her, takes physical possession of the products ordered.
However, the risks are transferred to the Customer at the time of delivery (on the agreed date) if the Customer, or a third party appointed by him/her, clearly does not take the reasonable measures necessary to take physical possession of the products ordered.

5.5 Tracking of order
When ordering, the Customer is given an order tracking number. With this number, the Customer can obtain information about the progress of the delivery of the order via the website of the carrier nominated by the Seller, in the section for tracking parcels.
The Customer is given the address of the carrier's website in the order confirmation e-mail.
The Customer can also contact the Customer Service if he/she has any questions relating to the tracking of his/her order.

5.6 International Customs Charges
Some orders may incur a customs or import duty charge. Pampaflower do not have any control over these charges or are unable to advise what they will be, as it is based on your own countries regulations & compliances. For further information, please contact your local customs office.

All charges are to be paid by the customer on delivery of order. Orders cannot be returned to sender and Pampaflower will never pay these customs charges on your behalf. If you refuse to pay these charges your parcel may be abandoned, and Pampaflower will not be held responsible for any loss of funds as a result of this occurrence. We cannot mark International orders as a gift in order to bypass or reduce any customs fees. This is an illegal practice and as an established business we will not do this.

Article 6 Returns & refund policy

Pampaflower does not offer refunds but are more then happy to exchange for another style, size or colourway what you want.

The Customer has a period of 15 days to exchange the product(s) at his/her cost. The Customer can exchange products ordered with no reasons given, provided that the products are intact and complete, are not stained or dirty and have not been washed or worn, in the original undamaged packaging.
In the case of partial deliveries (several products ordered at the same time by the Customer and delivered separately), the echange period starts from the delivery of the last product ordered. When the product consists of batches or several items, the exchange period starts from the delivery of the last batch or last item.

The right of exchange is not applicable to sensitive products from a hygiene point of view, such as underwear, swimsuits, earrings, etc. when the Customer has  opened the packaging.
The Customer informs the Seller of his/her decision to exchange the products before the end of the withdrawal period by sending the products back to the Seller along with the exchange form that  can request  the seller, attached to the delivery note.

The sending of either the exchange form or the products before the expiry of the exchange period must be provable (for example in the form of a postal receipt).
The Customer only bears the direct costs generated by the return of the products.
The Customer is responsible for the return of the products until they are received by the Seller. Therefore, the Customer is strongly advised to return the products by a means allowing him/her to track his/her parcel. 

 Pack all returned products with the invoice in a secure carton or reuse the original packaging. All returned products have to be securely enclosed in a package as the Seller is not able to accept the products if damaged.

For security and peace of mind, the Seller strongly suggest sending insured registered post as he is not liable for lost of returned parcels.

Once received in the Sellers warehouse, the Seller will inspect and process the products. The Customer is kept informed, the Seller will send him an email confirming the refund, and how it is being processed.

No exchange can be made in person. The Customer must contact the Customer Service for special requirements regarding this. 
For territories having different public policy provisions, the Customer must contact the Customer Service.

 

Article 7 Customer Service

For any question related to orders made on the Website, the Customer can contact the Customer Service team

by email at shoponline@pampaflower.com

by post  at
Pampaflower
288 Avenue Touring Club
40150 Soorts-Hossegor 
FRANCE

Article 8 Personal data

Customers' data are collected and processed by Pampaflower via its server .
The Customer can refer to the Privacy Policy section of the Website to have details about the Privacy Policy and to be informed of the use of his/her data and the way they are collected and secured.
Customers' data are communicated to the Seller only to process their orders in Europe. These data are strictly confidential and intended for the Seller only and companies nominated by it to perform the contract of sale.
It is handled strictly in accordance with the provisions of the data protection act in France (law n°78-17 of January 6th 1978 modified). In accordance with this act, the Customer has a right to access, correct, amend and remove information held about him/her. The Customer can exercise his/her right at any time by contacting the Customer Service indicating his/her name, address and e-mail address or by writing directly at :

Attention Service Clients
Pampaflower
288 Avenue Touring Club
40150 Soorts Hossegor
FRANCE

The Seller reserves the right to contact the Customers to confirm their personal data. However, to preserve the confidentiality and security of Customers' personal data, the Seller does not directly solicit the confirmation of the complete bank details.
The Seller may, in cases of suspected fraud to the credit card, ask the Customer a colour photocopy or a scan of his/her passport or identity card and a colour photocopy of the front of his/her card banking by masking the first 12 digits of card number. If the Customer does not wish to disclose these documents, he/she may cancel his/her order without charge.

Article 9 Intellectual Property

All the elements of the Website, sound and visual, are protected by copyright and trademark or patent rights.
None of the elements from the Website can be reproduced or transmitted in any way whatsoever, except for the purposes of the order or for personal and non-commercial use by the Customer and provided that the information is not modified.
All brand names, logos, product names, designs and models shown on the Website are registered marks or trademarks belonging to the Seller or third parties and cannot therefore used without violating the rights of the holders or infringement.
Any hypertext link referring to the Website must have obtained the prior written authorisation of the Seller.

All software used on the site is the sole property of Pampaflower or those supplying the software.
All rights not expressly granted herein are reserved.
Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Article 10 Proof and archiving of transactions

The Customer and the Seller agree that any digital element exchanged between them (data, information, files, dates and times of logging onto website, etc) constitute admissible, valid, useable and probative proof.
The Seller stores electronic documents relating to orders for a period of 10 years from the order being placed.
Archives are kept on a reliable and durable medium in accordance with the current law.
The Customer can request access to and/or a copy of the archived documents at any time by contacting the Customer Service.

Article 11 - Liability

The Seller accepts its liability for damages caused to the Customer following the violation by the Seller of its legal or contractual obligations. On the other hand, the Seller's liability cannot be incurred in the case of non-fulfilment of its legal or contractual obligations attributable either to an unforeseeable and insurmountable act on the part of a third party to the contract, or to a case of force majeure as defined by French case law, or due to the act or fault of the Customer.
Similarly, the Seller's liability cannot be incurred for any inconvenience or damage related to the use of the Internet, in particular an interruption in the availability of the Website, a break in service, an outside intrusion or the presence of computer viruses, damages or alterations of data or files or for any indirect damage, whatever the causes and consequences.
The Website may contain links to third party websites not published or controlled by the Seller which therefore declines all liability as to their content and as to the relations the Customer might enter into with these third party websites.

Article 12 Entirety and validity of Terms and Conditions of Sale

If one of the clauses of this contract becomes null and void due to a change in regulations or a legal decision, this would not in any case affect the validity and respect of the other provisions of these Terms and Conditions of Sale.
The Terms and Conditions of Sale applicable are those in effect on the date of the sale.

Article 13 Applicable law and jurisdiction

Subject to more favourable public policy provisions of the law of the country in which the Customer has his/her usual residence, these Terms and Conditions of Sale as well as relations and/or disputes resulting from sales on the Website are governed by French law.
In the case of a dispute that cannot be resolved amicably, the Customer can choose to bring an action before the courts of the country where the Seller is based or before the courts of the country where he/she is resident.

You acknowledge that Pampaflower is not responsible for the operation of or content located on or through any such site.