Terms and Conditions

Clarity and care

TERMS AND CONDITIONS

Each order is considered accepted only at the moment when

we will receive payment to our account, for orders over CZK 5,000 always with this condition.
we will receive a payment confirmation by email
after accepting the payment by payment card in the authorization center.

Please always and from the beginning of your order include your exact contact details, including address, telephone number (including area code in the case of foreigners) and exact e-mail address.

Before submitting your order, please read our terms and conditions in detail (especially the terms and conditions for cancellation, as live cut flower bouquets are supplied and are perishable goods supplied based on the buyer's specific order) as we cannot ship order without their full acceptance by you. The content of the complaints procedure, which is part of the terms and conditions, takes precedence over the provisions of these general terms and conditions in the event of a claim for goods.

In advance, we draw your attention to the content of the complaint procedure, when for cut flowers you need to exercise your rights from any defective performance immediately upon receipt of the goods. Please note that wilting or dropping flowers is not a defect, but a normal biological process of flower aging. You are buying perishable goods and please take this into account from the start. Everyone is obliged to check the received goods upon receipt.

By having the goods on display at www.flora-online.cz, we inform about its properties and price. However, we still have to confirm your order for the goods ourselves in order to create a binding contract between us.

After we receive your order, we will confirm it to you by email to the address specified in the order. The purchase contract is concluded at the moment of delivery of our e-mail message about the acceptance of the order. If the order seems unusual to us (e.g. due to a high quantity), we may contact you with a request for additional confirmation of the order. In this case, the purchase contract will be concluded when we receive confirmation of this order from you.

The buyer acknowledges that the photos of flowers presented are in full bloom for illustrative purposes and the flower delivered may contain flowers in the early bloom stage. Within the illustration of flowers with variants in the flower catalog, the largest variant of the bouquet is always depicted.

If you subsequently change your order after we have accepted your change to your order, you are not entitled to a discount on the purchase price for this reason alone.

Given that we are an online store with fast delivery of goods and everyone is obliged to provide accurate and up-to-date contact information in every order, i.e. name, surname, telephone, contact email, etc., we kindly point out that if there is a changing the order in the sense that we accept the order sent by you in a changed form due to the current state of the goods, we will consider the changed order accepted by you if you confirm this changed order to us within 30 minutes after sending the change to the order or you do not respond at all within 30 minutes (neither by phone nor by email). In such a case, there will be a fictitious acceptance of the order change on your part, and therefore the conclusion of the final purchase contract in the form that we sent to your email.

Shipping price

the price list for delivery of flowers in the Czech Republic and Slovakia can be found in section flower delivery price list.

TERMS AND CONDITIONS OF FLORA ONLINE

entrepreneur Flora-online s.r.o., place of business Class Maršála Malinovského 269, 686 01 Uherské Hradiště, ID: 06199372, VAT number: CZ06199372,

for the sale of goods through the online store located at www.flora-online.cz.

These conditions govern the mutual relations between you (the buyer) and us (the seller) in the event that you purchase goods in the online store at www.flora-online.cz. These terms and conditions are part of the purchase contract. If we agree something different in our communication than is in these terms and conditions, our agreement will take precedence.

If you do not buy from us for a company (IČ), you are in the role of a consumer. Our laws thereby give you some special rights, which you will read about further in these terms and conditions in Article 1.2.

You can also familiarize yourself with the personal data processing policy in the Personal data protection section. All information you provide to us is confidential and we will treat it as such. Without your permission, we will not use your personal information other than to fulfill the order, except for an email address to which we may send you a newsletter or other information about our goods and services. We are permitted by law to do so unless you object. You will be able to unsubscribe at any time in a simple way (by sending a letter, e-mail or clicking on a link in a commercial communication). We will otherwise use your email address for this purpose for 3 years from your last order.

1. INTRODUCTORY PROVISIONS

1.1. These business conditions (hereinafter referred to as "business conditions") of the entrepreneur Flora-online s.r.o., place of business Tř. Maršála Malinovského 269, 686 01 Uherské Hradiště, IČO: 06199372, VAT number: CZ06199372, (hereinafter referred to as the "seller") regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "civil Code") mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") via the seller's online store. The subject of the purchase contract is the sale of goods (hereinafter referred to as "goods") by the seller to the buyer, with the understanding that, according to the purchase contract, the goods may be delivered by the seller directly to the buyer or to another person specified by the buyer in the purchase contract (hereinafter referred to as the "recipient of goods"). The online store is operated by the seller on a website located at the internet address www.flora-online.cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").

1.2. The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity a person who acts when ordering goods as part of his business activity or as part of his independent professional performance.

1.3. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

1.5. The seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.

2. USER ACCOUNT

2.1. Based on the buyer's registration on the website, the buyer can access his user interface. The buyer can order goods from his user interface (hereinafter referred to as "user account"). The buyer can also order goods without registration directly from the store's web interface, by phone or by e-mail.

2.2. When registering on the website and when ordering goods (with or without registration), the buyer is obliged to state correctly and truthfully all data. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

2.4. The buyer is not authorized to allow the use of the user account by third parties.

2.5. The seller can cancel the user account, especially if the buyer does not use his user account for more than 12 months or in the event that the buyer violates his obligations under the purchase contract (including terms and conditions).

2.6. The buyer acknowledges that the user account may not be available continuously, especially in view of the maintenance and necessary hardware software equipment of the seller, or necessary maintenance of hardware and software equipment of third parties.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. All presentation of goods placed in the web interface is for informational purposes only, it is not a binding sample or contractual sample for the seller is not obliged to enter into a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of goods remain valid for the time they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.

3.3. The store's web interface contains information about locations within the Czech Republic and the Slovak Republic to which the seller's goods are delivered. In selected locations listed on the web interface of the store, the seller also ensures the delivery of goods in a shorter time (express delivery of goods). The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store only applies in cases where the goods are delivered within the territory of the Czech Republic and the Slovak Republic. This provision does not limit the possibility of the seller and the buyer to individually arrange the delivery of goods outside the Czech Republic and the Slovak Republic.

3.4. The buyer can order goods in one of the following ways: by filling out and sending the order form on the web or on the store interface, by phone delivered to the seller (hereinafter referred to as the "order"). In particular, the order contains information about:

3.4.1. ordered goods,

3.4.2. by the buyer - especially name, surname, address, telephone, e-mail address,

3.4.3. the recipient of the goods - in particular the first and last name, address, phone, email, and possibly other data for delivery (if the buyer specifies in the order that the goods are to be delivered to the recipient goods),

3.4.4. data on the date of delivery of the goods to the buyer or recipient of the goods and on the expected (approximate) time of delivery of the goods,

3.4.5. method of payment of the purchase price of the goods,

3.4.6. possibly information about the buyer's message for the recipient of the goods, which should be attached to the goods by the seller.

The order made through the order form on the web interface of the store also contains information about the costs associated with the delivery of the goods. In the case of an order made by phone or e-mail, information about the costs associated with the delivery of the goods is available to the buyer on the store's web interface.

3.5. Ordering goods via the order form on the web interface of the store. To order goods, the buyer fills out the order form in the web interface of the store. The order form contains, in particular, the information specified in Article 3.4. business conditions. Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also taking into account the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "Confirm order" button.

3.6. Ordering goods by phone. The buyer is entitled to order goods by phone at the seller's telephone number +420 737 616 029, every day from 8:00 a.m. to 8:00 p.m. Outside of the above-mentioned time of availability of the telephone number for placing the order, the buyer is entitled to order goods via the order forms on the store's web interface or by e-mail. In the telephone order for goods, the buyer shall specify in particular the data specified in Article 3.4. business conditions.

3.7. Ordering goods by e-mail. The buyer is entitled to order goods by e-mail by sending an order containing the data specified in Article 3.4. terms and conditions to the seller's e-mail address obchod@flora-online.cz

3.8. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) the buyer for additional confirmation of the order (for example in writing, by e-mail or by telephone).

3.9. The Seller immediately upon receipt of the order or additional confirmation of the order by any of the methods specified in Article 3.6. – 3.8. of the terms and conditions will confirm this receipt to the buyer by e-mail, to the e-mail address of the buyer specified in the user interface or in the order (hereinafter referred to as "the e-mail address of the buyer"). The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance) by the seller, which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.

3.10. The buyer is entitled to cancel the order (hereinafter referred to as "cancellation of the order") no later than 12 hours before the start of the delivery time on the requested day of delivery of the goods, which is 9:00 a.m. .the desired delivery date. Cancellation of the order must be delivered by the buyer to the seller at obchod@flora-online.cz In the event that the cancellation of the order is delivered by the buyer to the seller within the above-mentioned period, the seller will return to the buyer the paid purchase price or part thereof and the costs of transporting the goods, by transfer, by card or through an American financial technology company operating financial services in the form of the Internet payment system PayPal, depending on how the order was paid for. The money will be returned to the buyer within 14 days from the date of delivery of the order cancellation by the buyer to the seller. If the buyer delivers the order cancellation to the seller later than the above-mentioned deadline, the seller will not deliver the goods to the buyer or the recipient of the goods. In such a case, however, the buyer is not entitled to a refund of the purchase price of the goods or part thereof or the costs of transporting the goods, and the purchase price paid in this way will be unilaterally credited by the seller to the compensation of the incurred damage in the amount of the order made. The buyer has the right to pick up the goods at one of the seller's contractual establishments within 48 hours of the delivery date specified in the order at the latest. The address of the establishment will be communicated to the buyer by phone or email upon request from the seller.

3.11. The seller is obliged to send the goods to the buyer or recipient of the goods after one of the following conditions is met by the buyer:

_cc781905-5cde-3194 -bb3b-136bad5cf58d_ payment of the purchase price of the goods is credited to the seller's bank account,
_cc781905-5cde-3194 -bb3b-136bad5cf58d_ the seller receives from the buyer a bank confirmation of payment by transfer in .PDF format or "print screen" of the payment order entered by the buyer to pay the purchase price electronically the seller's address obchod@flora-online.cz, or
_cc781905-5cde-3194 -bb3b-136bad5cf58d_ the seller will be notified of the acceptance of payment by the buyer's payment card by the authorization center
_cc781905-5cde-3194 -bb3b-136bad5cf58d_ the seller receives a confirmation from the pay pal provider, in case he chooses this payment method

_cc781905-5cde-3194 -bb3b-136bad5cf58d_ (vše dále jen jako „podmínky pro odeslání zboží ").

This does not affect the provisions of Article 5.6. terms and conditions, according to which the buyer's obligation to pay the purchase price is fulfilled by crediting the purchase price to the seller's account.

3.12. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself, and these costs do not differ from the basic rate.

4. GOODS

4.1. The bouquets shown on the web interface do not include the vases in which the bouquets are arranged.

4.2. The order of bouquets from individual pieces of flowers must contain at least 5 pieces of flowers in a bouquet.

4.3. In connection with the nature of the goods sold, their typical seasonality and the direct dependence of their availability on the flower exchange, the seller reserves the right to exchange flowers or colors compared to the presented photo. The customer will be informed about these changes in advance and in time with the following procedure:

1) by phone, in case of unavailability by SMS message,

2) further, this information will be sent by e-mail to his address, which he specified in the order,

3) if this change is not contradicted by the buyer within 30 minutes, it will be considered agreed and the order will be processed and delivered as such, especially if the customer has ordered fast delivery since the order was sent.

If this partial order change is not in any way contradicted by the buyer within 30 minutes of sending the change to the accepted order change by the seller, this will result in a contractual change to the purchase agreement between the seller and the buyer and the order will thus be implemented by the seller. A confirmation of the order change will also be sent to the buyer.

4.4. The seller advises the buyer to cut the stems of the flowers in the bouquet or flower item every day, including changing the water, and to keep them in a suitable climate.

4.5. If we agree on a flower specially tied according to your wishes (for example, a wedding bouquet, etc.), we mutually agree on the price, date and place of delivery. The delivery of such a specific type and quantity of goods requires a wider collaboration between the seller and the buyer compared to a classic standard order.

4.6. Goods such as teddy bears and wine are delivered according to the current stock at the branch. The seller is obliged to deliver a teddy bear with a minimum size of 20 cm. For wine, the seller guarantees delivery of the same type, quantity and not brand.

5. PRICE OF GOODS AND PAYMENT TERMS

5.1. The price of the goods is determined in the purchase contract. We are a VAT payer. We will always provide information on the total price of the goods including VAT in the product offer.

5.2. 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 to the seller in the following ways orders according to Article 3.6. – 3.8. terms and conditions:

5.2.1. cashless payment card (in the case of an order made via the order form on the web interface of the store);

5.2.2. by cashless transfer to the seller's account (hereinafter referred to as the "seller's account"):

account number 279902262/0300

account maintained at Československá obchodní banka, as

BIC: CEKOCZPP
IBAN: CZ57 0300 0000 0002 7990 2262
SWIFT: CEKOCZPP

(in the case of an order made via the order form on the store's web interface, by phone or e-mail);

5.2.3. cc781905-5cde-3194-bb3b-136bad5cf58d or by e-mail) with the proviso that after depositing the cash, the buyer is obliged to contact the seller by phone at + 420 777 993 803 and inform him about the deposit;

5.2.4. PayPal (in the case of an order made through the order form on the web interface of the store); In case of cancellation of the payment via the PayPal payment service by the buyer after the conclusion of the purchase contract, the seller is entitled to withdraw from the purchase contract at any time and immediately demand payment of the purchase price in another way from the buyer. If the buyer sends a request to cancel the payment made related to the purchase of goods on www.flora-online.cz, the buyer is obliged to pay the entire agreed purchase price of the goods to the seller's account listed on www.flora-online within 3 calendar days at the latest. Czech In the event of a breach of this obligation, the seller is entitled to demand from the buyer, in addition to the right to payment of the purchase price, a contractual penalty in the amount of 0.5% per day of the agreed and unpaid purchase price until it is paid in full.

5.2.5. payment on the basis of an invoice issued by the seller is possible based on an individual agreement between the seller and the buyer (in the case of an order made by phone or e-mail).

5.3. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

5.4. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 5.6. terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

5.5. The purchase price is payable immediately after delivery of the order confirmation by the seller to the buyer according to Article 3.9. business conditions.

5.6. In the case of non-cash payment by transfer to the seller's account or cash payment by deposit to the account for the goods, the buyer is obliged to pay the price together indicating the variable payment symbol. The buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.

5.7. The seller is entitled to demand payment of the entire purchase price before receiving the goods from the buyer or the sender. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.

5.8. Possible discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

5.9. cc781905-5cde-3194-bb3b-136bad5cf58d carried out on the basis of the purchase contract to the buyer tax document - invoice. The seller is the payer of value added tax. Tax document – the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.

5.10. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in the event of a technical failure within 48 hours at the latest.

6. WITHDRAWAL FROM THE PURCHASE CONTRACT

6.1. The buyer acknowledges that according to the provisions of § 1837 letter d) of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that have been modified according to the wishes of the buyer or for his person, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods, from the purchase contract for the delivery of goods in closed packaging, which the consumer has removed from the packaging and for hygienic reasons it is not possible to return it if it has violated their original packaging. The buyer acknowledges and agrees that the bouquet and other flower goods that are the subject of the purchase contract are always bound by the seller and adjusted according to the buyer's wishes, both bouquets presented on the store's web interface as samples and bouquets assembled individually according to the wishes of the buyer; i.e. bouquets and other goods made of flowers are both perishable goods and goods that are mixed with other goods or modified according to the buyer's wishes.

6.2. If it is not a case mentioned in Article 6.1 or another case where it is not possible to withdraw from the purchase contract, in accordance with § 1829, paragraph 1 of the Civil Code, the buyer has the right to withdraw from the purchase contract within 24 hours of taking over the goods, provided that the goods have substantial defects or immediately upon taking over the goods without giving a reason. In such a case, the withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the terms and conditions. The buyer can send a withdrawal from the purchase contract, among other things, in writing to the seller's address: Flora-online s.r.o., place of business Tř. Maršála Malinovského 269, 686 01 Uherské Hradiště, IČO: 06199372, DIČ: CZ06199372, or electronically to the seller's e-mail address obchod@flora-online.cz. Please include the order number, date of purchase, your bank details and how we should refund the amount for the purchased goods.

6.3. In case of withdrawal from the purchase contract according to Article 6.2. terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within 24 hours of withdrawal from the contract to the nearest branch from the place of delivery. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the transport and return of the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature. The seller returns the entire purchase price (including the price for transporting the goods) to the buyer if the buyer delivers the goods to the seller within 24 hours at the nearest branch of the seller from the place of delivery according to the seller's instructions. The place of delivery of the order is always understood to be the place indicated by the buyer in his order.

6.4. In case of withdrawal from the contract according to Article 6.2. terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase contract, in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he sent the goods to the entrepreneur.

6.5. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for the return of the purchase price. You can always send or hand over the goods to the nearest address of our branch, which will be sent to you by email or communicated by phone. Return the goods complete, ideally unworn or undamaged. We have the right to assess within the above-mentioned period whether the returned goods are undamaged, intact and unused and whether you have not reduced their value by your handling of the goods.

6.6. The seller is entitled to withdraw from the purchase contract at any time until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, by cashless transfer to the account from which it was paid or by deposit to the account specified by the buyer.

6.7. cc781905-5cde-3194-bb3b-136bad5cf58d if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the given gift together with the goods to the seller.

6.8. In the event that the price of the goods charged to the buyer significantly changes after the seller confirms the order or the seller is not his supplier, if the goods are currently in stock at the seller's supplier, the seller will immediately contact the buyer for the purpose of agreeing to change the order. If there is no agreement between the buyer and the seller to change the order, the seller or the buyer are entitled to withdraw from the purchase contract. If the buyer has already paid the seller the purchase price or part of it, the seller will transfer the paid amount back to his account or address as soon as possible. This does not affect the seller's right to deliver slightly different goods to the buyer according to Article 4.4. business conditions.

6.9. In the event that you are not a consumer, but purchase with an ID number, then the option of withdrawing from the contract does not apply to you.

7. CARRIAGE AND DELIVERY OF GOODS

7.1. The goods will be sent by the seller to the buyer or recipient of the goods specified by the buyer after the conditions for sending the goods according to Article 3.1 have been met . business conditions.

7.2. The goods are delivered by the seller every day between 9:00 a.m. and 8:00 p.m. the above-mentioned time is possible on the basis of an individual telephone agreement between the seller and the buyer.

7.3. If the conditions for sending the goods are met no later than 5:00 p.m. on the day for the delivery of the goods specified in the purchase contract the seller undertakes to deliver the goods on this day. If the conditions for sending the goods are not met within the above-mentioned period, the seller will deliver the goods the following day between 9:00 a.m. and 8:00 p.m.

7.4. If, according to the purchase contract, the goods are to be delivered outside the territory of the capital city of Prague, on Saturday or Sunday, the conditions for sending the goods must be met no later than Saturday by 11:30 a.m.

7.5. cc781905-5cde-3194-bb3b-136bad5cf58d date of delivery. If the ordered goods include a funeral wreath, the conditions for sending the goods must be 3 working days before the delivery date.

7.6. The buyer acknowledges and agrees that the delivery time selected by the buyer in the order is indicative, and the actual time of delivery of the goods by the seller to the buyer or the recipient of the goods may vary.

7.6.1. These dates are 14.2., 8.3. and Mother's Day.

7.7. The method of transporting goods is determined by the seller.

7.8. If the buyer himself is the recipient of the goods, the buyer is obliged to accept the goods upon delivery. If the buyer designates a different person as the recipient of the goods in the purchase contract, the goods are considered delivered at the moment when the recipient of the goods takes them over from the seller. The goods are also considered delivered when the recipient refuses to accept the goods from the seller. In the event that the recipient of the goods cannot be reached at the address specified in the purchase contract and the seller fails to contact him by email or by telephone (the buyer does not include the telephone contact of the recipient of the goods in the order or the seller fails to contact the recipient of the goods by telephone), the seller will try to contact the buyer by telephone and to agree on the delivery of the goods. In the event that the seller fails to contact the buyer by telephone or if an agreement is not reached between the seller and the buyer on the delivery of the goods, the seller stores the goods at the seller's headquarters or at a branch and informs the buyer about the possibility of picking up the goods at the headquarters or at the branch or about the possibility to order repeated delivery of the goods to the buyer or recipient of the goods. In the event that the recipient of the goods is not at the specified address, the seller reserves the right to hand over the goods to the reception or to close persons (e.g. neighbour, family members, etc.). Since these are perishable goods, the buyer is obliged to pick up such goods no later than 48 hours after receiving information from the seller about the addressee not being reached or the recipient refusing to accept it. If, for reasons on the part of the buyer or recipient of the goods, 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.

7.9. The buyer or recipient of the goods is obliged to confirm the receipt of the goods to the seller.

7.10. When taking over the goods from the carrier, the buyer or recipient of the goods 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 a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer or recipient of the goods does not have to accept the shipment from the carrier.

7.11. Additional rights and obligations of the parties during the transportation of goods may be modified by the seller's special delivery conditions, if issued by the seller.

8. RIGHTS FROM DEFECTIVE PERFORMANCE

8.1. The rights and obligations of the parties related to the seller's liability for defects are governed by the seller's complaint procedure, which is part of these terms and conditions, see below.

9. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES

9.1. The buyer acquires ownership of the goods by paying the entire agreed purchase price of the goods.

9.2. The seller is not bound by any codes of conduct in relation to the buyer in the sense of § 1826 paragraph 1 letter e) of the Civil Code.

9.3. According to Act No. 634/1992 Coll., on consumer protection, you as a consumer have the right to an out-of-court dispute resolution arising from the contract. In such a case, you are entitled to contact the Czech Trade Inspection (Central Inspectorate, ADR Department, Štěpánská 796/44, 110 00 Prague - Nové Město, email: adr@coi.cz, web: adr.coi.cz). An out-of-court resolution of a consumer dispute is initiated exclusively at your suggestion, in the event that the dispute could not be resolved directly with us. You can submit a proposal no later than 1 year from the day you first asserted your right that is the subject of the dispute with us. You have the right to initiate out-of-court dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/.

9.4. European Consumer Center Czech Republic, Štěpánská 796/44, 110 00 Prague - Nové Město, http://www .evropskyspotrebitel.cz is a point of contact according to Regulation (EU) No. 524/2013 of the European Parliament and Council of May 21, 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 /EC (regulation on online consumer dispute resolution).

9.5. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

9.6. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.

10. PROTECTION OF PERSONAL DATA

10.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.

10.2. The buyer agrees to the collection and processing of his personal data: first and last name, residential address, identification number, tax identification number, e-mail address, telephone number (hereafter referred to as "personal data").

10.3. The buyer agrees to the collection and processing of personal data by the seller, for the purposes of realizing the rights and obligations arising from the purchase contract and for the purposes of maintaining a user account. If the buyer does not choose another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and commercial messages to the buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.

10.4. The buyer acknowledges that he is obliged to provide his personal data correctly and truthfully (when registering, in his user account, when ordering from the store's web interface) and that he is obliged to inform the seller without undue delay of a change in his personal data.

10.5. The seller can entrust the processing of the buyer's personal data to a third party as a processor. Apart from the persons transporting the goods, personal data will not be transferred by the seller to third parties without the prior consent of the buyer.

10.6. Personal data will be processed for a period of 10 years from the creation of the last order, but at the latest until the buyer's consent is revoked. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

10.7. The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.

10.8. In the event that the buyer believes that the seller or the processor (Art. 10.5) is processing his personal data in violation of the protection of the private and personal life of the buyer or in violation of the law, he may use his right to demand from the seller or the processor :

Access to your personal data

· correction of personal data;

· deletion of personal data;

· restrictions on data processing;

· right to object to processing; and

· data portability.

10.9. The buyer is entitled to request from the seller or the processor free access to personal data concerning the data subject, the right to request their correction or deletion, or restriction of processing, and is entitled to object to processing, as well as other rights according to § 11, 21 of the Act. No. 101/2000 Coll.

10.10. In the event of a breach of duty by the seller or the processor, the buyer is entitled to file a complaint with the Office for Personal Data Protection, as a supervisory authority.

10.11. Check which data we keep about you on this page https://www.flora-online.cz/default/gdpr, after entering your email address we will send you all the information about you that is in our records. Subsequently, you can delete your personal data intended for marketing purposes and remove them from our records.

10.12. detailed information regarding the protection of personal data can be found in the section "protection of personal data" in the footer of our site.

11. SENDING COMMERCIAL MESSAGES AND STORING COOKIES

11.1. All information regarding personal data protection, sending commercial messages and cookies can be found in the "personal data protection" section at the foot of our website.

12. DELIVERY

12.1. The buyer can be delivered to the e-mail address specified in his user account or specified by the buyer in the order.

13. FINAL PROVISIONS

13.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

13.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or terms and conditions require written form.

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

13.4. The annex to these terms and conditions consists of a model form for withdrawal from the purchase contract.

13.5. Seller's contact information: delivery address Flora-online s.r.o., place of business Class. Maršála Malinovského 269, 686 01 Uherské Hradiště, IČO: 06199372, VAT number: CZ06199372, e-mail address obchod@flora-online.cz, telephone +420 737 616 029.

13.6. All disputes arising on the basis of the contractual relationship between the seller and the buyer on the basis of and in connection with these terms and conditions will be decided by the general courts of the Czech Republic. The local competent court for deciding disputes after signing the contract is the District Court for Prague 6. By accepting the content of these terms and conditions, the buyer expressly agrees to this contractually determined local jurisdiction.

13.7. All rights to our website, especially copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements belong to us as the seller. It is forbidden to copy, modify or otherwise use the website or part of it without our permission.

13.8. We can change or supplement the wording of the terms and conditions. This does not in any way affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

13.9. You can contact us at obchod@flora-online.cz if you have questions about these terms and conditions.

CLAIM ORDER

Business corporation Flora-online s.r.o., place of business Class Maršála Malinovského 269, 686 01 Uherské Hradiště, ID: 06199372, VAT number: CZ06199372,

for exercising rights from defective performance when purchasing goods through the online store located at the internet address www.flora-online.cz.

Your rights from defective performance are governed by the Civil Code, especially Sections 2099 to 2117 and, if you are a consumer, also Sections 2165 to 2174.

1. INTRODUCTORY PROVISIONS

1.1. This complaint policy (hereinafter referred to as the "complaint policy") of the entrepreneur Flora-online s.r.o., place of business Tř. Maršála Malinovského 269, 686 01 Uherské Hradiště, IČO: 06199372, VAT number: CZ06199372, (hereinafter referred to as "the seller") regulates in accordance with the provisions of § 13 of Act No. 634/1992 Coll., on consumer protection, as amended (hereinafter only the "Consumer Protection Act") the seller's responsibility for defects in goods (hereinafter referred to as "goods") purchased by another natural person (hereinafter referred to as the "buyer") through the seller's online store operated on the website located at the Internet address www.flora-online.cz (hereinafter referred to as the "store").

1.2. The complaint procedure applies to goods for which the buyer has asserted the buyer's rights against the seller (from the liability of the seller "complaint").

1.3. The complaints procedure does not apply to cases where the person who purchased the goods from the seller is a legal person or acts when ordering goods as part of his business activity or as part of his independent professional performance.

1.4. The seller may change or supplement the wording of the complaint procedure. This provision does not affect the rights and obligations arising during the effective period of the previous version of the Complaints Regulations.

2. SCOPE OF CLAIMS

2.1. The rights and obligations of the contracting parties regarding the rights from complaints (defective performance) are governed by the relevant generally binding provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).

2.2. The seller guarantees to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

2.2.1. the goods have the properties agreed upon by the parties and, in the absence of an agreement, have the properties described by the seller or manufacturer or expected by the buyer in view of the nature goods and on the basis of advertising carried out by them,

2.2.2. the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,

2.2.3. the quality or design of the goods corresponds to the contracted sample or design, if the quality or design was determined according to the contracted sample or design,

2.2.4. is the goods in the corresponding quantity, measure or weight and

2.2.5. the goods comply with the requirements of legal regulations.

2.3. Provisions mentioned in Article 2.2. of the Complaints Regulations do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear and tear the goods had when they were taken over by the buyer, or if it follows that due to the nature of the goods.

2.4. In the case of cut flowers, which are perishable goods, it is necessary for you to exercise your rights from defective performance immediately after receiving the goods or discovering the defect without undue delay, or at the latest within 24 hours of such receipt. Please note that wilting or dropping flowers is not a defect, but a normal biological process of flower aging. You are buying perishable goods and please take this into account from the start. Everyone is obliged to check the received goods when they receive them.

Foodstuffs:

The consumer is entitled to choose one of the following ways of resolving the complaint:

- exchange of defective goods for faultless ones, or

- withdrawal from the purchase contract and refund of the purchase price.

Non-food goods:

a) removable defects:

The consumer has the right to:

- for the free, timely and proper removal of a defect in the goods, or for unused goods, to demand the exchange of defective goods for a faultless one, if this is not disproportionate to the nature of the defect, or to demand the replacement of a part of the goods, if the defect concerns only this one; if such a procedure is not possible, the consumer can withdraw from the contract and demand a refund of the purchase price.

b) irreparable defects:

- the consumer has the right to exchange defective goods for faultless ones, or withdraw from the purchase contract and return the purchase price.

Complaints about the amount of goods can be resolved by supplementing the missing amount, if it is factually possible and if it does not contradict legal regulations.

Defects in the goods for which the seller is responsible, the buyer is obliged to complain without undue delay after discovering them, but no later than by the end of the warranty period, in the case of food, by the date of use or minimum durability, or within the period when the goods are to be consumed in the case of flowers, this period of 24 hours from the moment of acceptance. A complaint can only be made if the conditions for food storage have been observed by the buyer and the food has not been opened, except in cases where it is necessary to detect a defect. Defects in perishable food products, food products for which the indication of a minimum shelf life is not required by law, must be claimed by the consumer no later than the day after its purchase, otherwise the right to claim expires.

A 24-month warranty period is provided for goods in the form of a teddy bear from the day of receipt of the goods.

You do not have rights from defective performance if:

- jste o vadě před převzetím they knew things;

- jste vadu sami způsobili; or

- uplynula záruční doba.

The warranty and claims from liability for defects do not apply to:

- opotřebení zboží způsobené jeho obvyklým using.

- vady použité věci odpovídající míře the use or wear and tear the goods had at the time you took them over;

3. CONDITIONS, METHOD AND PLACE OF CLAIMS

3.1. The buyer is obliged to inspect the goods immediately after receiving them and make sure of their properties and quantity. If the goods are delivered directly to the buyer, the buyer will inspect the goods himself. The buyer is obliged to make a complaint properly and on time. If, based on the information provided by the buyer in the purchase contract, the goods are delivered to another person (hereinafter referred to as the "recipient of the goods"), the buyer is obliged to ensure that the recipient (or a third party) inspects the goods. If the buyer discovers during delivery that the goods are damaged, then the buyer is obliged to include a description of the damage in the handover report and to resolve the complaint about the delivered goods using the standard procedure, i.e. through the complaint form available on the website www.flora-online.cz, - or by letter to the address of the company headquarters.

Claims for other defects in the goods, which were not visible when the goods were taken over, must be made immediately without unnecessary delay after taking over in person at the address of the seller's premises, Flora-online s.r.o., place of business Tř. Maršála Malinovského 269, 686 01 Uherské Hradiště, IČO: 06199372, DIČ: CZ06199372, during the operating hours of the establishment, every working day from 9:00 a.m. to 3:00 p.m. or by sending a photo of the delivered goods (immediately after receiving the goods so that the buyer will take a photo of the bouquet from above so that all the flowers of the delivered goods can be seen) to the email address, or at the place of business of the seller Flora-online s.r.o., place of business Tř. Maršála Malinovského 269, 686 01 Uherské Hradiště, ID: 06199372, VAT number: CZ06199372.

We recommend making a complaint via our complaint form, which contains all the necessary information and all legal conditions necessary for a proper and convenient complaint. You can find this form on our flora-online website. After filling in this form or after preparing the document on your part, send the resulting complaint either to:

By email to: obchod@flora-online.cz or
By letter to the address: Flora-online s.r.o., place of business Tř. Maršála Malinovského 269, 686 01 Uherské Hradiště, ID: 06199372, VAT number: CZ06199372,

In the ideal case, send us the required photo of the claimed goods right away.

Please note that your complaint cannot be processed without the correct and complete contact information you have provided in the complaint form.

When you make a complaint, you will receive an electronic written response from us within three working days at the latest that the complaint procedure has been initiated, and then within 30 days at the latest you will receive an electronically written response from us on how the complaint was handled.

The buyer is obliged to submit the claimed goods to the seller without undue delay after applying the complaint in accordance with the complaints procedure and to provide the seller with the necessary cooperation to settle the complaint.

4. HANDLING OF COMPLAINTS

4.1. The seller or an employee authorized by him will respond to the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of goods required for a professional assessment of the defect. The complaint, including the removal of the defect, must be handled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period.

4.2. The seller issues a confirmation to the buyer about the date and method of processing the claim.

4.3. In the event that the goods claim is found to be unauthorized, the seller will notify the buyer of this fact. In the event of an obviously unauthorized complaint, the buyer is not entitled to reimbursement of his costs associated with handling the complaint, and at the same time, neither is the seller entitled to reimbursement of costs incurred on his part.

4.4. The buyer is obliged to pick up the claimed goods from the seller without delay after receiving information that the claim has been settled regardless , whether the complaint was handled as justified or unjustified. At the latest, the buyer is obliged to pick up the claimed goods on the 30th day from the day the claim is made. If the buyer does not pick up the claimed goods from the seller within the above-mentioned period, the seller is entitled to sell or dispose of the claimed goods at the buyer's expense. In the event of a sale, the seller is entitled to deduct the costs of storing the claimed goods and the costs of the sale.

4.5. If the defect is rectifiable, the buyer can demand either repair or addition of what is missing, or a reasonable discount on the price. If the defect cannot be removed and if the object cannot be used properly, the buyer can either withdraw from the contract or demand a reasonable discount from the price. This is possible no later than 30 days after delivery of the shipment. It is not possible to use this option for a bouquet, as it is a perishable item.

4.6. Anyone who has a right according to § 1923 is also entitled to compensation for costs purposefully incurred in exercising this right. However, if he does not exercise the right to compensation within one month after the expiry of the period in which the defect must be pointed out, the court will not grant the right if the alienator objects that the right to compensation was not exercised in time.

5. FINAL PROVISIONS

5.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

5.2. If any provision of the Complaints Regulations is invalid or ineffective, or becomes so, instead of its invalid provisions, the meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Amendments and additions to the complaints procedure require written form.

5.3. If not expressly stated here, the complaints procedure is governed by the relevant provisions of Act No. 89/2012 Coll., Civil Code, as amended, and Act No. 634/1992 Coll., on consumer protection, as amended.

5.4. Complaints submitted before the entry into force of this regulation will be handled and completed according to the current complaints regulation.

When do we not deliver flowers?

Unfortunately, we cannot deliver the flower in the Czech Republic and Slovakia during these dates. 24.12., 25.12., 26.12. and 1.1. and on all public holidays.

Binding terms and conditions

The terms and conditions in the Czech language version are considered binding. These terms and conditions are valid from March 1, 2022