Business conditions

 

 

General terms and conditions

I.

Basic provision

1. These general terms and conditions (hereinafter referred to as "terms and conditions") are in accordance with the provisions of Law no. 40/1964 Coll. The Civil Code as amended (hereinafter referred to as the "Civil Code"), Law no. 250/2007 Coll. on consumer protection and amending the law of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter only "Consumer Protection Law"), Law no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws (hereinafter referred to as the "Consumer Protection in Distance Selling Law")

2. These terms and conditions govern the mutual rights and obligations between the seller and the natural person who concludes the purchase contract (hereinafter referred to as the "buyer") through the web interface located on the website available at the Internet address www.flowertherapy.sk (hereinafter referred to as the "online store" ).

3. The provisions of the terms and conditions are an integral part of the purchase contract. Different arrangements in the purchase contract take precedence over the provisions of these terms and conditions.

4. These terms and conditions and the purchase contract are concluded in the Slovak language.

II.

Information about goods and prices

1. Information about the goods, including the prices of the individual goods and their main features, are listed with the individual goods in the catalog online store. The prices of goods are listed including value added tax. The price for shipping is not included in the price of the goods. The prices of the goods remain valid for the period during which they are displayed in the online store.

2. All presentations of goods placed in the online store catalog are of an informative nature and the seller is not obliged to enter into a purchase contract regarding these goods.

3. Information on costs associated with packaging and delivery of goods is published in the online store. The information on the costs associated with the packaging and delivery of the goods listed in the online store is only valid if the goods are delivered within the territory of the Slovak Republic.

4. Possible discounts from the purchase price of goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

III.

Order and conclusion of purchase contract

1. The buyer orders the goods in the following ways:

• By filling out the order form without registration,

• By filling out the order form through your customer account, after previous registration in the online store.

2. When placing an order, the buyer selects the goods, the number of goods, the method of payment and delivery.

3. The data given in the order are considered correct by the seller. The condition for the validity of the order is the filling in of all mandatory data in the order form and confirmation by the buyer that he has become familiar with these terms and conditions.

4. Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when placing the order. This confirmation is automatic and does not constitute the conclusion of a contract. The purchase contract is concluded only after the seller accepts the order. The order acceptance notification is delivered to the buyer's email address.

5. In the event that the seller cannot fulfill any of the requirements stated in the order, he will send the buyer a changed offer to his email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at his e-mail address specified in these terms and conditions.

6. In the event that there was an obvious technical error on the part of the seller when specifying the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer about the error without undue delay and sends the buyer a changed offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in that case by confirmation of acceptance by the buyer to the seller's email address.

IV.

Payment conditions and delivery of goods

1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways: o cashless by payment card through the Global Payments payment gateway, by bank transfer.

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount.

3. In the case of payment through the payment gateway, the buyer follows the instructions of the relevant provider of electronic payments. 4. In the case of payment by bank transfer, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.

5. The seller does not require any advance payment or other similar payment from the buyer in advance. Payment of the purchase price before the goods are shipped is not a deposit.

6. The goods are delivered to the buyer:

• to the address specified by the buyer in the order

•by personal collection at the seller's premises.

7. The choice of delivery method is made during the ordering of goods.

8. The costs for the delivery of the goods, depending on the method of sending and receiving the goods, are stated in the buyer's order and in the seller's confirmation of the order. If the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and possible additional costs associated with this method of transport.

9. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of detection of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to take over the shipment from the carrier.

10. The seller is not responsible for late delivery and damage to goods caused by the courier service.

11. The seller issues a tax document - invoice to the buyer. The tax document is delivered to the email address specified in the order.

12. The seller is not responsible for the non-delivery of the goods or their delay in the event that the address was incorrectly specified in the order by the buyer for the delivery of the goods, the telephone number of the buyer was incorrectly specified, or any other information was incorrectly specified, as a result of which the proper delivery of the goods could not take place.

13. The seller is not responsible for the non-delivery of the goods if the person to whom the goods were to be delivered refused to accept the goods according to the data entered in the buyer's order.

14. The seller is not responsible for non-delivery of the goods if the person to whom the goods were to be delivered could not be reached. 15. In the cases mentioned in points 13, 14, 15 of this article, i.e. after unsuccessful delivery of the goods to the recipient, the seller will store the goods at the store for the next 3 days, during which the recipient can take over the goods. If the recipient misses the deadline during which the goods will be stored at the store, the seller is entitled to sell the goods in his own name and on the account of the buyer without prior notice.

16. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method. The price of repeat delivery is €4.90.

17. If the seller cannot deliver the ordered goods for reasons on the seller's side, the amount paid to the bank account will be returned to the buyer.

18. In exceptional cases, it may not be possible to use some flowers or colors of flowers in bouquets. In this case, the unavailable flower will be replaced with another flower, while the character and overall color of the bouquet will be preserved. The buyer unreservedly agrees to this option and at the same time declares that he will not claim a discount on the purchase price or other claims and rights.

19. Succulents and cacti in the arrangements are supplied based on the current offer at the suppliers, therefore the resulting arrangement may differ from the one shown in the photo in the online store. The buyer unreservedly agrees to this option and at the same time declares that he will not claim a discount on the purchase price or other claims and rights.

V.

Order Cancellation

1. The order can be canceled free of charge within 1 hour after it has been placed or no later than 96 hours before delivery.

2. The order can be canceled by sending an email to the address: hello@flowertherapy.sk or by phone at the number: 0905 492 234.

3. When canceling an order, the buyer must state his name, surname, buyer's email and order number. The seller will consider the date of cancellation of the order as the day on which the cancellation of the order is notified to him by the buyer.

4. The seller has the right to cancel the order and withdraw from the contract if, due to the unavailability of the goods, even after making all the efforts that can be considered fair from him, he is not able to deliver the goods to the buyer within the required period or price, which is indicated in the flowertherapy.sk online store

5. If the purchase price has been paid, the funds will be returned to the buyer's account within 30 days from the valid cancellation of the order.

6. Cut flowers and cut flower products are classified as goods that cannot be returned due to their characteristics. In accordance with the above and in accordance with 12 par. 1 and § 12 par. 5 of Law no. 108/2000 on consumer protection in door-to-door and mail-order sales, it is not possible to withdraw from the purchase contract.

VI.

Complaints

1. Goods complaints are handled by the seller.

2. Complaints must be delivered by email to the address: hello@flowertherapy.sk or by phone at the number: 0905 492 234.

3. The complaint must be made without unnecessary delay immediately after taking over the goods, but no later than 48 hours after the delivery of the goods.

4. Cut flowers can be considered perishable goods, therefore the buyer is obliged to deliver the goods to the seller's store or send a credible photo, on the basis of which the validity of the claim can be determined. Otherwise, the seller is not responsible for defects in the claimed goods.

5. In the event of a defect in succulents and indoor plants, the buyer is obliged to deliver the goods to the seller's store or send a credible photo, on the basis of which it is possible to determine the legitimacy of the claim. The buyer can request an exchange of the goods or a refund of the amount paid.

6. The seller will decide on the validity of the claim no later than 3 working days after delivery of the claim and the goods.

7. The seller informs the buyer in writing about the outcome of the complaint.

8. The buyer does not have the right from defective performance if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.

9. A valid complaint will be dealt with within 30 days from the receipt of the complaint.

VII.

Warranty

1. For flowers, the seller provides a guarantee of freshness for 3 days from the delivery of the goods to the recipient.

VII.

Delivery of written correspondence

1. The contracting parties may deliver all written correspondence to each other via electronic mail.

2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his order.

VIII.

Personal information

1. All information you provide during our cooperation is confidential and we will treat it as such. If you do not give us your written consent, we will not use your data in any other way than for the purpose of fulfilling the contract, except for the email address to which business notifications can be sent, because this procedure is permitted by law, if you do not refuse it. These notifications can only concern similar or related goods and can be unsubscribed at any time in a simple way (by sending a letter, email or clicking on a link in a commercial notification).

2. By sending the data, the customer expresses his consent to the processing of personal data in the wording of Law no. 428/2002 Coll. on the protection of personal data.

3. More detailed information on personal data protection can be found in the personal data protection policy.

IX.

Out-of-court settlement of disputes

1. If the buyer believes that the seller has violated his rights or is not satisfied with how the seller handled the buyer's complaint, he sends a request for correction to the email address: hello@flowertherapy.sk. If the seller responds to the request in the negative or does not respond to it within 30 days of sending it to the indicated email address, or if he is not satisfied with the seller's solution, then based on the amended Law no. 102/2014 and Law No. 391/2015 on alternative (out-of-court) resolution of consumer disputes, has the right to an out-of-court method of resolving disputes.

2. The Slovak Trade Inspection is responsible for out-of-court settlement of consumer disputes arising from the purchase contract, with registered office at P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, internet address: https://www.soi.sk/sk. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.

3. The European Consumer Center Slovak Republic, with registered office Mlynské nivy 44/A 827 15, Bratislava 212 Slovak Republic, internet address: http://www.evropskyspotrebitel.sk is the contact point according to Regulation of the European Parliament and Council (EU) no. 524/2013 of May 21, 2013 on the resolution of consumer disputes online and supplements Regulation (EC) no. 2006/2004 and directive 2009/22 / EC (regulation on the resolution of consumer disputes online).

4. The seller is authorized to sell goods on the basis of a trade license. Trade inspection is carried out by the relevant trade office within its scope. The Slovak Trade Inspection supervises, among other things, compliance with the Law on Consumer Protection and the Law on Consumer Protection in Distance Selling within a defined scope.

5. The costs associated with the out-of-court settlement of the dispute shall be borne by each of the parties to the dispute separately without the possibility of reimbursement.

X.

Final provision

1. All agreements between the seller and the buyer are governed by the legal order of the Slovak Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Slovak Republic. This does not affect the consumer's rights resulting from generally binding legal regulations.

2. All rights to the seller's website, especially copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.

3. The seller is not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative impact on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store or its parts or software equipment in such a way that would be contrary to its purpose or purpose.

4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

 

These terms and conditions are valid from 1.6.2021.