1. General provisions
These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the sale and/or rental of products or services offered by La Blonde et le Barbu. All services, sale or rental, performed by La Blonde et le Barbu therefore implies the buyer's unreserved acceptance of these general conditions. If one of the clauses of these general conditions is null or void, the other clauses will not be canceled.
La Blonde et le Barbu reserves the right to modify the present, at any time, by the publication of a new version. The applicable CVG are those in force on the date of payment of the order.
The Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
2. Definitions of our services
La Blonde et le Barbu exercises the activity of decorator and floral designer by proposing and creating floral art, artistic direction, planning and coordination of service providers related to decoration, rental and sale of decorative objects, l installation and removal the days following the event, decoration and organization of private or professional events, graphic and artisanal creation of objects.
The prices are those in effect on the day the order is taken. They are denominated in euros including VAT.
La Blonde et le Barbu reserves the right to modify its prices at any time. The goods and services ordered are generally invoiced at the price indicated when the order is registered, apart from an exceptional increase in the goods purchased of the order of 30% or more. In this case, an increase will be applied in proportion to the increase on the day of the order.
Any customer order must be placed in writing by signing an estimate equivalent to a "good for order" drawn up by La Blonde et le Barbu, accompanied by the 30% deposit. It will be the same for any request(s) for modification(s) and/or additional order(s).
This order form is worth acceptance of the total amount of the estimate signed by the customer in a firm and definitive way: the customer thus undertakes to pay the total amount of the estimate, and the Blonde and the Bearded man to carry out this order. In case of withdrawal by the customer of certain services of the estimate, this one remains indebted for the totality of the signed estimate, in other words, the customer undertakes on a total amount of estimate which cannot be revised downwards. . Internal modifications can be applied in order to remain within this minimum amount.
The addition of new services will be the subject of a new purchase order and may lead to an upward revision of the “Designer” mission as well as the service of “transport, movement, preparation, installation and removal”.
The order will take effect upon receipt of the signed estimate, accompanied by the deposit. The acceptance of the quote implies on the part of the ordering customer the acceptance of the general conditions defined herein by La Blonde et le Barbu.
The modification of theme, complete atmosphere of the event will entail an additional cost for this new study but cannot in any case bring down the previous signed estimate.
5. Cancellation / Postponement of order
In any case, whatever the date of cancellation or postponement (change of date) of the order, the deposits already paid and the sums due on this date will remain the property of La Blonde et le Barbu, without possible refund. , justified by the work already carried out upstream for the complete study of the decoration of the event, in particular quote and/or notebook of inspiration.
Any cancellation by the customer within the three months preceding the event entails an invoicing of termination indemnity equal to 50% of the total amount of the estimate.
In the event of the death or separation of one or more signatories, the service is naturally canceled and the sums previously paid acquired for the Blonde and the Bearded without possible refund.
Special case of date postponement:
In any case, La Blonde et le Barbu cannot be held responsible for the change of date decided by the customer, whatever the reason.
La Blonde et le Barbu consents to a postponement of the date of the event in the following exceptional cases only: case of force majeure, confinement imposed by the State or sanitary measures imposing the closure of the reception establishment, during crises sanitary conditions, serious illness of one of the two "future married" customers, family event or serious accident, within the limit of 6 months after the initial date of the event provided for in the order form, with no postponement costs for the first postponement and subject to the availability of La Blonde et le Barbu. An amendment will then be signed between the parties, drafted by La Blonde et le Barbu, in order to agree on the new date and its conditions.
For other cases of postponement not mentioned above, or exceeding the 6-month limit indicated above, the rates initially applied will be adjusted to match the increase in the price of raw materials and company expenses, in particular of a minimum of 20%.
In any case, any changes to the theme, complete atmosphere of the event will result in an additional cost for this new study.
A change of place will also give rise to a reassessment of travel compensation or cancellation of the order in the event of impossibility of travel to the new place by La Blonde et le Barbu, without possible reimbursement of sums already paid.
In case of unavailability of La Blonde et le Barbu on the set postponement date (date already reserved for another event): La Blonde et le Barbu may propose the establishment of a team which will carry out the service on its behalf with corresponding invoicing (an amendment will be submitted to you setting the amount and the conditions), essential for the event to take place or the cancellation of the order without possible reimbursement of the sums already paid. In the event of refusal by the customer of another team, La Blonde et le Barbu will not be able to carry out this service, the installments already paid and the sums due on this date will remain the property of La Blonde et le Barbu without possible refund. and both parties will be released from their obligations.
Payment for orders is made to the order of Jerome and Emilie Hayotte – La Blonde et le Barbu by bank transfer. If necessary, other means of payment may be specified in the quote or the contract.
A deposit of 30% confirms the reservation of the date mentioned on the said documents, when signing the estimate or the contract. The balance of the service will be paid in full two weeks before the scheduled date of the event, after presentation of the invoice by the Blonde and the Bearded Man, otherwise the Blonde and the Bearded Man will not be able to carry out the service and the trip.
Services not performed on the day of the event or any other items/services provided before D-Day, are to be paid in full before the performance, upon presentation of the invoice by the Blonde and the Bearded Man.
7. Late payment
In the event of total or partial non-payment on the date specified when placing the order, the buyer must pay La Blonde et le Barbu a late payment penalty equal to ten times the legal interest rate. The rate of legal interest retained is that in force on the day of delivery of the goods. This penalty is calculated on the amount remaining due, and runs from the due date of the price without any prior formal notice being necessary. In addition to late payment compensation, any amount, including the deposit, not paid on its date of eligibility will automatically produce the payment of a fixed indemnity of 40 euros for its recovery costs. If within 15 days following the implementation of the "late payment" clause, the buyer has not paid the sums due, the sale will be canceled as of right, and may open to the allocation of damages. and interests for the benefit of La Blonde et le Barbu.
8. Privacy clause
The customer agrees not to disclose the decoration proposal including quote and personalized inspiration book to service providers competing with La Blonde et le Barbu.
9. Theft, loss, breakage, dame to objects
In case of theft, breakage, loss, deterioration of objects / materials / furniture belonging to La Blonde et le Barbu, these will be the subject of an invoice payable to the customer after the event and will be the subject of legal proceedings. in case of non-payment.
The products rented by La Blonde et le Barbu are new or old products, or products made by them in an artisanal way. Old products are unique pieces, unearthed and collected. The rental of these products as is implies, on the part of any tenant, the acceptance and full knowledge of their age and their fragility, their aesthetics sometimes marked by time, which also make them their value and their singularity. The customer certifies that he is able to use the rented equipment. No changes may be made to the rented equipment.
10. Retention of ownership/transfer of risks/exemption clause
The goods will remain the property of La Blonde et le Barbu until effective payment of the full price in principal and accessories. The non-payment, even partial, of one or any of the due dates may result in the claiming of the goods. The right of claim is exercised even in the case of legal redress of the buyer. In the event of a claim, the sale will be automatically terminated.
By way of derogation from article 1583 of the Civil Code, the delivery of the goods operates the transfer of risks borne by the buyer, both for damage suffered by the goods and those caused to third parties. In the event of the implementation of the Retention of Title Clause, the installments paid to La Blonde et le Barbu shall remain with it as damages.
Under no circumstances will La Blonde et le Barbu be required to compensate for non-material damage such as, in particular: operating losses, profit, commercial loss, etc.
The service is provided according to the conditions fixed at the time of the order and mentioned in the estimate or in the contract and is carried out either by the direct delivery of the goods to the buyer, or at the place indicated by the buyer on the order form. The place of service/delivery is commonly the place of reception of the event by default.
A team may be set up freely by La Blonde et Le Barbu to provide all or part of the service, with or without the presence of the managers Emilie and Jérome Hayotte of La Blonde et le Barbu.
A delivery schedule is given as an indication and is in no way guaranteed. Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the buyer to the allocation of damages or the cancellation of the order.
Some items sold may be subject to delivery. The amount of the delivery is indicated on request and will be payable with the item(s) before they are sent.
All the flowers in the procession (bouquets, wreaths, buttonholes, bracelets, etc.) will be handed over, unless otherwise stated and at an extra charge, at the reception location on the day of the event. The decoration of the car(s) will also be carried out on the premises of the reception and at the times indicated by La Blonde et le Barbu depending on the event.
Flowers and other natural resources being perishable in nature, La Blonde et le Barbu reserves the right to freely choose the flowers and foliage required for the floral service, depending on the hazards beyond their control.
The Vases, Candlesticks and all other equipment and accessories are the property of La Blonde et le Barbu and offered only for rental unless otherwise stated in the quote.
The uninstallation of all the elements installed by the Blonde and the Barbu is carried out either following the event, or the next morning early. Uninstallation later than the next morning early will be subject to an additional service.
12. Customization elements
The personalized text elements of the buyer must reach La Blonde et le Barbu within a sufficient and reasonable time in order to be able to ensure the decoration on the day of the event. Otherwise, it will not be possible to file a claim and the services cannot be performed, partially or in full.
13. Ownership and use
The ordering customer undertakes to use the equipment strictly under normal conditions of use, in accordance with its initial destination and to protect it against any damage, vandalism, overload, bad weather, rain, wind, snow, frost, etc. The customer is not entitled to any compensation in the event of interruption of operation of the rented equipment.
The rented equipment remains the property of La Blonde et le Barbu and cannot be moved or modified without the prior agreement of the owner, nor can it be transferred or sub-leased for any reason. whether it be. The ordering client also refrains from allowing it to be seized by one of its creditors.
The decoration must in no case be modified by anyone other than the Blonde and the Bearded Man, except with the agreement of the latter.
La Blonde et le Barbu reserves the right to modify the location or the scenography itself of any elements whatsoever, for the safety of persons, in the event of force majeure, or independently of its will, in particular in the event of weather conditions. requiring it.
14. Exemption from liability/force maheur
The responsibility of La Blonde et le Barbu cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. or due to exceptional events such as accidents, attacks, strikes or bad weather. In such a case, no compensation could be claimed from La Blonde et le Barbu for any reason whatsoever. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
La Blonde et le Barbu declines all responsibility for accidents that may result from improper use of the rented equipment.
la Blonde et le Barbu reserves the right to modify part of the decoration according to the imperatives and unforeseen events on D-Day.
15. Intellectual property rights/photography
Trademarks, domain names, products, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of La Blonde et le Barbu. No assignment of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
La Blonde et le Barbu reserves the right to call, at their expense, on their personal photographer and of their choice, to take and deliver photos of the service provided. The photographs taken on this occasion may be used to promote the know-how and image of La Blonde et le Barbu, in particular for commercial documents, website, social networks or response to calls for tenders.
La Blonde et le Barbu remains the owner of its creations and therefore free of distribution rights for these own creations on the media of its choice.
last updated : 12, january 2023