GENERAL CONDITIONS OF USE AND SALE
Art. 1 Description of service
1.1 Flob S.r.l.s., registered office placed in Rovigo, via Concilio Vaticano II n. 98, VAT 01531730297, tax code n.01531730297, Chamber of Commerce inscription n. RO-406729, offers to the public a distance selling service of artificial flower arrangements and plants, vase included, through the website www.flobflower.com. www.flobflower.com .
1.2 The use of the website, the services offered and the related contracts are regulated in accordance to these GENERAL CONDITIONS OF USE AND SALE. By the use of the website www.flobflower.com these conditions are considered as accepted.
1.3 The client will provide for the printed version and/or for the retention of these conditions, which are prior acknowledged and accepted by the client, as an obliged step for the inscription in the website, for the products purchase, and for the printed version of the purchase specifications of the products.
Art. 2 Communications security and recording Communications security and recording
2.1 To purchase using the website the client must follow the registration procedure to the service, through which he/she will receive an email to the registered address, reporting the account name chosen by the client and a password assigned by FLOB S.r.l.s for the further accesses to the website. The client can register also using his/her Facebook account, by using the same Access Credentials for that service. During the registration procedure in the website the client shall provide his/her personal data, address and state of residence, email address, tax code and all the other informations necessary to operate trough the website.
2.2 The email address provided by the client will be the one used by FLOB S.r.l.s for all the communications regarding the stipulation and the execution of the contract. The client shall accept the validity of these communications for the settlement of the contractual relationship, in addition of the duty to regularly check the named address during the terms of the contract. All the operations carried out by using the email address, the account and the client’s password involve the automatic assignment upon him/her of the operations and requests made, without any exception.
2.3 The client is the only and exclusive responsible of the use and the security of his/her email address, account and password, including the operations carried out by their use. The client acknowledges that, to regulate the access to the service, his/her authentication is exclusively referred to these data verification. Therefore, the client shall:
a) Promptly communicate FLOB SRLS any unauthorized use of his/her email, account and password, as well as any other violation of the security regulations he/she would become aware of. b) Exit his/her account at the end of every use. The registered client can request a new password in case of any doubt about the secrecy of the one already in use by him/her.
2.4 The client is responsible of any potential damage or (prejudice), upon FLOB S.r.l.s or third parts, arousing from the incorrect use, loss, (steal) and/or impairment of the email, the account and the password. FLOB S.r.l.s shall not in any case be considered responsible of any potential damage due to the breach of this article’s dispositions.
2.5 The use of the website is forbidden to the non adult users.
Art. 3 Order and purchase formalities
3.1 The display of the products on the virtual showcase consists in a non exclusive public offer. The purchase orders can be made trough the website www.flobflowers.com, available 24/7.
3.2 Trough the website the registered user can purchase the following kinds of products:
- Bonsai, water-retaining plants, Tillandsie and green plants, with the relative vases designed and selected by Flob, branded “Green Life Style”.
- Seasonal aromatic plants, with the relative vases designed and selected by Flob, branded “Green Food”.
- Orchids and blooming house plants, with the relative vases designed and selected by Flob, branded “Green Fashion”.
3.2 To order and purchase one or more products the client shall fill the order page, filling all the required spaces (product chosen, kind of vase, quantity etc….) as well as the way of payment. Weather the client would like to order many products showed in the website, he/she can select them one by one, adding to the chart, and once the purchases are done, he/she shall close the chart by clicking the special virtual button. The page of the order will automatically calculate the quote price for the requested products and the delivery fees.
3.3 Subsequently, a resume page of the ordered products, the quote price, the delivery options and fees will pop up. The client, before confirming the order, has the opportunity to correct the insertion errors and to modify the data inserted. To send the order the client shall select the virtual button “order”. The order has to be considered as a contract application to FLOB S.r.l.s.
Per inoltrare l’ordine il cliente dovrà selezionare il tasto virtuale "Ordina”. L’ordine verrà considerato come una proposta contrattuale rivolta a FLOB S.r.l.s.
3.4 After receiving the order, a take charge email will be sent to the client, which does not consist acceptance of the order itself. By sending the take charge email only the order reception is confirmed, with the purpose to verify the data and the availability of the requested products. The contract will be concluded only at the time in which an order acceptance email will be sent. This email will contain all the general and the particular conditions applicable to the contract, the informations regarding the main features of the products and the display of the price, the ways of payment, the rights of withdrawal, the delivery fees, other special fees applicable, the order’s identification data and the order status informations. Each product or service included in a specific order, which has not been confirmed with the email of acceptance, is not part of the contract.
3.5 The order will be executed only after the successful payment of the amount for the requested products, and the execution time of the contract and delivery is intended starting from the date of payment.
3.6 FLOB S.r.l.s reserves the possibility, to his discretion and for any reason, to not accept the received orders.
Art 4 Ways of payment
4.1 The prices of the products are exposed in Euros (EUR) and has to be intended VAT included. With no other specific provisions, the delivery fees are not included.
4.2 The ways of payment are generally the most common credit card, trough money transfer or PayPal system; FLOB S.r.l.s reserves the possibility to accept others ways of payment prior agreement with the client. FLOB S.r.l.s reserves at any time the right to not accept the way of payment indicated by the client. In this case, an alternative way of payment will be indicated. The client is responsible for the validity and the use of the provided data. FLOB S.r.l.s shall keep strictly reserved all the payment data transmitted by the client.
4.3 In case of payment trough credit card, the issuing bank of the card has the right to credit back to the client the payments demonstrated by him/her in excess to the agreed price or fraudulently issued by the supplier or a third part.
Art 5 Website Informations
5.1 The Informations about the availability and the features of the products listed on the website, about their price and delivery times can be incorrect. The estimated sending and delivery times of the products are merely approximate and not binding. In fact, due to the unavailability of the products, the complexity of the requested service, delays of the carrier and any other unpredictable event, it is possible that the delivery times reported would not be respected on time.
5.2 Once the order is examined, FLOB S.r.l.s shall confirm to the client, trough the acceptance email, the real availability of the requested product or service, the price, the delivery times estimated and every other information set by Art.3 of these General Conditions.
5.2 I The Client takes note and accepts that the shape and the colors of the plants and the flower arrangements purchased can differ from the pictures displayed in the website, which has to be considered merely demonstrative. In fact, every single plant and flower arrangement presents particular features (shape, color, dimension, weight etc…..), which are naturally parts of the product itself and can’t be considered defects, referred to the Art.7 of these Conditions.
Art 6 Art 6 Delivery times and methods of the goods
6.1 The delivery will be made trough courier to the address communicated by the client during the registration procedure on the website or on the product order page. The dispatches are promptly issued and the delivery time is within 1/2 working days for the Italian national deliveries and 2/3 working days for the deliveries abroad, starting from the successful payment time of the purchased products. Trough the website, the client will have the possibility to set the recipient, the day and the time of the receipt of the purchased product.
6.2 The deliveries will be issued exclusively on working days from Monday to Friday. In some places difficult to reach the courier does not guarantee the delivery in the expected time. The delivery office, before sending the goods, shall contact the client in case the place is as such.
6.3 The delivery times displaced in the website are merely approximate and can be modified at any time. The couriers will attempt 2 deliveries, after that, the package will be given back to the deposit and all the further necessary expense will be on the client’s charge.
6.4 FLOB S.r.l.s is not responsible for the transport services provided by third parts. Hence, it can’t in any case be considered responsible for the direct or indirect damages caused by the delay of the delivery or the the loss of the order due to the courier’s fault. Any claim regarding losses or damages shall be written to the courier at the time of the delivery.
Art. 7 Guarantee of compliance
7.1 It’s a client’s duty to timely verify the conformity of the goods received compared to what has been ordered. In case the products would come to the client damaged, faulty, spoilt or not accordant to what has been ordered, for an occurrence referring to FLOB S.r.l.s or its suppliers, the client shall timely contact the client’s service to the email of FLOB S.r.l.s, within 7 days form the delivery of the goods. After the necessary verifications for the ascertainment of the defects, the client shall send the products back to the address indicated by FLOB S.r.l.s, which shall provide the repair and the substitution of the products within 30 days from the receipt of the goods, saving the client from any further expense. Any other compensation claim or termination of the contract is excluded.
7.2 All the vases sold by FLOB S.r.l.s are guaranteed anyway, within the term of two years from the delivery, for any eventual lack of conformity which may occur, in accordance to the Communitarian law on this matter. The normal decay of the plants due to the flow of time, carelessness, conservation and nutrition mistakes are not to be considered as defects of the product.
7.3 The client acknowledges and accepts that the vases of the artificial floral arrangements or plants, could present little imperfections, natural consequences of the craft production process. These imperfections are not to be considered as defects of the product.
Art 8 Right of withdrawal and replacement of the goods
8.1 The client accountable as customer can communicate to Flob the will to trigger the withdrawal right within 14 (fourteen) days from the delivery date, given that the products are still intact, in perfect conditions and if the original package is still intact.
The intention to raise this right of withdrawal shall be timely transmitted to FLOB S.r.l.s trough the customer’s service to the email of firstname.lastname@example.org. For the return the client must send the products, perfectly intact and with the original package, to the address indicated by FLOB S.r.l.s. The goods are intended returned at the time in which is given back to the postal office or to the courier, and this delivery shall be fulfilled within 14 (fourteen) days from the date in which the will to withdrawal has been communicated to FLOB S.r.l.s.
8.2 As regards the rebound of the purchased products, the amount shall be directly charged on the Credit Card, on the Bank Account or Paypal Account used by the client. The rebound shall be issued within 14 (fourteen) days from the date of receipt of the products by FLOB S.r.l.s. The delivery fees for the return of the goods are on the customer’s charge and shall be deduct from the refund.
Le spese di spedizione per la restituzione della merce sono a carico del consumatore e verranno detratte dal rimborso.
8.3 As the Communitarian Law states on this matter, the right of withdrawal for the fast-decay risk goods is not contemplated. As a consequence, the branded products “Green Food” (seasonal aromatic plants) and “Green Fashion” (Orchids and internal flower plants) are excluded from the right of withdrawal issued in this article.
Art.9 Customer’s service and Newsletters
9.1 FLOB S.r.l.s FLOB S.r.l.s provides to the customers of the products a customer’s service to the email email@example.com, for possible informations on the purchased products and on the services offered trough the website. An internal web chat for informations and suggestions on the purchases and on the purchase process is also provided.
9.2 The registered users on the website can sign in the newsletter for news and informations about the marketed products. The users can at any time cancel from this newsletter trough a specific procedure.
Art. 10 Modify General Conditions
FLOB S.r.l.s reserves the right to modify the website and all the data thereof, the policies and the herein General Conditions of Use and Sale at any time. The client will be subject to the policies and terms of the General Conditions of Use and Sale, which are time by time valid in the moment he/she uses the website or orders the products.
Art. 11 Warranties and Responsibilities
11.1 The website www.flobflower.com is provided to the clients as it is at the time it is available. FLOB S.r.l.s does not provide express guarantee nor implicit on the functioning of this website, and/or on the contents, materials, informations or products included in the website. Furthermore, the access can temporarily be suspended or limited to consent the ordinary maintenance, repair, updating with new products and services. FLOB S.r.l.s will try to limit the frequency and the duration of these suspensions and/or limitations. FLOB S.r.l.s does not guarantee that this website, its servers or emails sent will be clean from virus or other potentially dangerous elements for the clients’ PC. By visiting the website the customer accepts that the related use is upon his risk. /p>
11.2 FLOB S.r.l.s reserves the possibility to delete eventual orders not considered reliable, and also the possibility to request, on its discretion, the change of the way of payment chosen by the client, without the chance for him/her to issue any claim in its regards.
11.3 FLOB S.r.l.s is not to responsible in case of delay due to lack of stocks and shall not also be responsible in case of not compliance between the ordered products and the images, the texts and the pictures published on the website.
11.4 FLOB S.r.l.s shall not be responsible for any delay or any breach of the obligations issued in the General Conditions herein, if the delay or the breach arouses from unforeseeable circumstances or major force not attributable to it.
11.5FLOB S.r.l.s. shall not be responsible for eventual damages, losses, gains, expenses (direct or indirect) or any other damage not arousing from a serious and direct damage in the execution of the contract signed with the client.
FLOB S.r.l.s is entitled to all the rights of exploitation of the brand, the contents and the graphics published in the website www.flobflowers.com. Therefore, the use, partial or total, with any present or future mean, in any shape and way of the FLOB name, the data and contents published in the named website, is forbidden without the written consent of FLOB S.r.l.s.
Art. 13 Use of the website
FLOB S.r.l.s concedes a limited access on and a partial use of the website www.flobflowers.com and does not allow to download or modify it even partially without express written consent. The license does not include a use of the contents for commercial purposes, in particular the use of the catalogues, descriptions and price lists is not possible. The publication of the contents on the website has the only purpose on the purchase of the products listed in the catalogue. All the contents listed in the catalogue as for example the text, the images, the buttons, the logos, are property of or licensed to FLOB S.r.l.s and are protected by the current national and international copyright provisions.
Art. 14 Privacy Protection
14.1FLOB S.r.l.s shall proceed to the client’s personal data treatment on behalf of the Legislative Decree of the 30 of July 2003 n.196 (Personal Data Protection Code) and the Communitarian Law on the matter.
14.2 The client also consents on the use of his/her contact data, mail and account, for sending communications or automatic notifications about informations on the commercial activity of FLOB S.r.l.s and on the products offered trough the website.
14.3 The registration of the client’s personal data will anyhow be preceded by an apposite disclosure and, if necessary, by the acquisition of the express consent of the interested person, understood that the giving of these data is necessary to provide the offered services. The Client acknowledges and consents his data to be communicated and examined by suppliers of FLOB S.r.l.s, with the only purpose on the selling of the ordered products. The Client can modify his profile, by giving his consensus to the treatment again. He/she can also contact FLOB S.r.l.s every time to get informations or request the erasure of his/her data.
14.4The client can anyhow claim his/her rights against the responsible of the treatment, referring to the aforementioned Legislative Decree. In particular, he/she can ask to know the existence of data treatments that may regard him/her; obtain with no delay the acknowledgeable communication of the named data and their origin, the erasure, the transformation in anonymous form of the block of the data which are issued in violation of the Law; the update, the rectification as well as the data integration; the acknowledgment that the named operations have been known by those who the data have been communicated to, with the exception of the case in which this compliance is impossible or takes a widely disproportionate effort compared to the protected right; to oppose, partially or entirely, for legitimate reasons, against the personal data treatment that may regard him/her, even if compliant with the purpose of collecting and treat the personal data regarding him/her with the purpose to send promotional materials or to direct selling or to market inquiries or commercial communication.
Art 15 Jurisdiction
Except as mandatorily provided by the Communitarian Law on the matter, for any dispute related to the execution and the compliance of these General Conditions, the Tribunal of Rovigo has the jurisdiction.
Concilio Vaticano II, 98 Street 45100 Rovigo (Italy) - E-mail : firstname.lastname@example.org