General Terms and Conditions

General Terms and Conditions 
effective from 01/11/2019

I.

Basic Provisions

1.  These general terms and conditions (hereinafter the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”).

LaFlora.com s.r.o.

Korunní 2569/108

101 00 Praha 10 - Vinohrady

Company ID (IČ): 065 75 862

VAT ID (DIČ): CZ06575862

registered in the Commercial Register kept by Městský soud v Praze, Section C, File No. 284619

Contact details:

Email: info@laflora.com

Tel.:  +420 777 913 777 

Web: https://laflora.cz

(hereinafter the “Seller”)

1.  These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter the “Buyer”), via the web interface located on the website available at https://laflora.cz (hereinafter the “Online Store”).

2.  The provisions of these Terms and Conditions form an integral part of the purchase contract. Deviating agreements in the purchase contract shall prevail over the provisions of these Terms and Conditions.

3.  These Terms and Conditions and the purchase contract are concluded in the Czech language.

II.

Order and Conclusion of the Purchase Contract

1.  Any costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer. These costs do not differ from the basic rate.

2.  The Buyer places an order for goods in the following ways:

    a. via their customer account, provided they have previously registered in the Online Store,

    b. by completing the order form without registration,

    c. by phone at +420 777 913 777, on every working day from 8⁰⁰ – 17⁰⁰,

    d. by email delivered to the Seller at info@laflora.com.

3.  All presentation of goods placed in the Online Store web interface is for informational purposes only and the Seller is not obliged to conclude a purchase contract regarding such goods. Section 1732(2) of the Civil Code shall not apply.

4.  The Online Store web interface contains information about the goods, including the prices of individual goods. Prices are stated including value added tax (VAT). Prices remain valid for the period during which they are displayed in the Online Store web interface. This provision does not limit the Seller’s ability to conclude a purchase contract under individually agreed conditions.

5.  The Online Store web interface also contains information about the costs associated with delivery of the goods.

6.  To order goods, the Buyer completes the order form in the Online Store web interface. The order form / order must include in particular the following information:

    a. designation and quantity of the ordered goods (the Buyer “adds” the ordered goods to the electronic shopping cart of the Online Store web interface),

    b. Buyer’s details, delivery details, delivery date and time, dedication/message text, and any special notes by the Buyer,

    c. for goods intended for delivery abroad, the Buyer is obliged to specify the final country of delivery,

    d. method of payment of the purchase price, details of the requested method of delivery of the ordered goods, and information about the costs associated with delivery of the goods

(hereinafter jointly referred to as the “Order”)

7.  Before sending the Order to the Seller, the Buyer is allowed to review and change the data entered in the Order, including with regard to the Buyer’s ability to detect and correct errors arising when entering data into the Order. The Buyer submits the Order to the Seller by clicking the “Pay” button. The data stated in the Order are considered correct by the Seller.

8.  Submitting an Order is deemed an act of the Buyer that unequivocally identifies the ordered goods, the purchase price, the person of the Buyer, delivery details, method of payment of the purchase price, and the chosen method of delivery. For both parties, this act constitutes a binding proposal to conclude a purchase contract. The validity of the Order is subject to completion of all mandatory fields in the order form, and familiarization with these Terms and Conditions and the personal data protection conditions. Prior to submitting the Order, the Buyer confirms on the Seller’s web interface that they have read these conditions and agree with them in full.

9.  The Seller shall confirm receipt of the Order to the Buyer without undue delay by email to the Buyer’s email address stated in the user interface or in the Order (hereinafter the “Buyer’s email address”).

10.  The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, expected delivery costs), to request additional confirmation of the Order from the Buyer (for example in writing or by phone).

11.  The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by email to the Buyer’s email address.

12.  An Order is considered valid only after it has been paid, either by crediting the payment to the Seller’s account or by receipt of confirmation of the payment made for the benefit of the Seller. If the Order was paid by payment card or via the Buyer’s internet banking, or via PayPal, the GoPay payment gateway, Apple Pay or Google Pay, the Order is valid only after approval in the authorization center.

13.  The Buyer agrees to the use of means of distance communication when concluding the purchase contract.

III.

Price of Goods and Payment Terms

1.  Information about the goods, including the prices of individual goods and their main features, is provided for each item in the Online Store catalogue. Prices are stated including value added tax (VAT). Prices remain valid for the period during which they are displayed in the Online Store. This provision does not exclude concluding a purchase contract under individually agreed conditions.

2.  All presentation of goods in the Online Store catalogue is for informational purposes only and the Seller is not obliged to conclude a purchase contract regarding such goods.

3.  Information on costs associated with packaging and delivery of the goods is published in the Online Store.

4.  Any discounts from the purchase price of the goods cannot be combined unless the Seller and the Buyer agree otherwise.

5.  The Buyer may pay the purchase price and any costs associated with delivery of the goods under the purchase contract to the Seller in the following ways:

    a. cashless by bank transfer to the Seller’s account in (CZK) held with Fio Banka, a.s., V Celnici 10, Praha 1

    Account No.: 2201321862 / 2010

    IBAN: CZ76 2010 0000 0022 0132 1862

    BIC: FIOBCZPPXXX

    (hereinafter the “Seller’s CZK account”);

    b. cashless by bank transfer to the Seller’s account in (EUR) held with Fio Banka, a.s., V Celnici 10, Praha 1

    Account No.: 2501321864 / 2010

    IBAN: CZ57 2010 0000 0025 0132 1864

    BIC: FIOBCZPPXXX

    (hereinafter the “Seller’s EUR account”);

    c. cashless via the PayPal payment system;

    d. cashless by payment card;

    e. cashless via internet banking to the Seller’s account through the GoPay payment gateway;

    f. by invoice (for approved corporate customers only);

    g. cashless via Google Pay;

    h. cashless via Apple Pay;

6.  Together 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 delivery of the goods.

7.  In the case of payment through a payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider.

8.  In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s bank account.

9.  The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before shipment of the goods is not an advance payment.

10.  In the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cash payment with delivery, the price is payable before delivery of the goods.

11.  The Seller is a VAT payer. The Seller will issue a tax document (invoice) to the Buyer after payment of the price of the goods and will send it in electronic form to the Buyer’s email address. 
 

IV.

Delivery Terms and Delivery of Goods

1.  Goods are delivered to the Buyer by the Seller’s own couriers, via a courier service, or via a contractual partner.

2.  If it is not possible to deliver the Order to the selected destination, or to the address stated in the Order, the Buyer will be informed without undue delay and the payment will be refunded in full as soon as possible, no later than within 7 days from the selected delivery date.

3.  If it is not possible to contact the recipient at the recipient’s address stated by the Buyer in the Order at the requested delivery time, the Seller or the courier/courier service/contractual partner authorized by the Seller reserves the right to leave the Order in a safe place (e.g. with a neighbor) and to leave the recipient a message indicating where the Order is located. This notification will be sent by SMS to the recipient’s phone number stated in the Order.

4.  In the case of delivery to addresses where the goods are received by a third party, such as hospitals, office buildings, funeral homes, airports, hotels, ships and other corporate, business or commercial locations, receipt of the goods shall be deemed to be confirmed by the signature of a person acting on behalf of the organization. If the Buyer wishes delivery to the above locations, the Buyer is obliged to verify the possibility of delivery directly.

5.  The Buyer acknowledges that flowers illustrated in the Online Store catalogue are shown in full bloom and, in most cases, are delivered before reaching full bloom so that they can bring joy to the recipient for as long as possible.

6.  For flower illustrations with variants in the flower catalogue, the largest bouquet variant is always displayed.

7.  The Seller reserves the right to replace currently unavailable elements of bouquets and gift baskets in terms of type or color with another element of equal or higher value (without affecting the final price), always so that the original aesthetic character of the flowers or gift basket is preserved, even without prior notice due to local stock, seasonality or availability at the final destination.

8.  Flowers and gifts to accompany flowers can be delivered within the Czech Republic on working days on the same day for all Orders paid by 16⁰⁰.

9.  Gift baskets delivered separately can be delivered on the next working day within the Czech Republic for all Orders received by 16⁰⁰, at least one working day before the requested delivery date.

10.  When ordering goods for delivery abroad, the following special conditions apply:

    a. only goods from the relevant category “Kytice do zahraničí” can be delivered to the relevant country outside the Czech Republic.

    b. delivery of Orders abroad cannot be carried out on Sundays and on public holidays recognized by the state at the place of delivery. In such cases, the Order will be delivered on the next working day.

    c. only flowers for delivery abroad may be combined with the offered add-on product intended for the selected country of delivery. Add-on products are for illustration purposes only and will be replaced by suitable products in the country of delivery.

    d. abroad, only flowers and selected add-on products can be delivered.

    e. delivery of flowers abroad is provided by our partner florist in the given country. Flowers for delivery abroad may be replaced with suitable flowers depending on availability and seasonality in the country of delivery.

    f. the delivery time abroad is understood as the local time in the country of delivery. Delivery is subject to local practices and public holidays in the country of delivery.

V.

Complaints

1.  The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

2.  The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer received the goods:

    a. the goods have the characteristics agreed by the parties, and if no agreement exists, such characteristics as described by the Seller or the manufacturer or as expected by the Buyer with regard to the nature of the goods and based on advertising carried out by them,

    b. the goods are fit for the purpose stated by the Seller for their use or for which goods of that kind are usually used,

    c. the goods correspond in quantity, measure or weight,

    d. the goods comply with legal requirements.

3.  Given the nature of the goods offered via the Online Store and Section 1921(2) of the Civil Code, it is necessary to exercise the right arising from defective performance without undue delay after receipt of the goods, and no later than within 24 hours of receipt in the case of live flowers. In the case of other products, within their minimum shelf life.

4.  The Seller is not responsible for delays or cancellation of delivery due to incorrectly entered or not previously verified delivery details by the Buyer, such as the address and recipient contact details, the recipient’s presence at the specified address, or an incorrect recipient phone number.

5.  The Buyer exercises rights arising from defective performance with the Seller at the address of the Seller’s registered office.

VI.

Withdrawal from the Purchase Contract

1.  The Buyer (consumer) has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the purchase contract within fourteen (14) days of receipt of the goods; if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the day of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the Seller within the period stated in the previous sentence.

2.  The Buyer acknowledges that pursuant to Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a purchase contract for:

    a. delivery of goods whose price depends on fluctuations of the financial market independent of the Seller’s will and which may occur during the withdrawal period,

    b. delivery of alcoholic beverages which may be delivered only after thirty days and whose price depends on financial market fluctuations independent of the Seller’s will,

    c. delivery of goods modified according to the Buyer’s wishes or for the Buyer’s person,

    d. delivery of goods subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery,

    e. delivery of goods in sealed packaging which the Buyer has removed from the packaging and which cannot be returned for hygienic reasons,

3.  To withdraw from the purchase contract, the Buyer may use a sample form provided by the Seller upon request electronically at info@laflora.com. The Buyer may send the withdrawal, among other ways, to the address of the Seller’s registered office or establishment.

4.  In the event of withdrawal from the purchase contract pursuant to Article VI of these Terms and Conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days from the withdrawal. If the Buyer withdraws, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by ordinary postal or courier service due to their nature.

5.  In the event of withdrawal pursuant to Article VI, the Seller shall return the funds received from the Buyer within fourteen (14) days from the withdrawal, in the same manner as received. The Seller is also entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another way if the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws, the Seller is not obliged to return the funds before the Buyer returns the goods or proves that the goods have been sent to the Seller.

6.  The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.

7.  If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a resolutory condition that if the Buyer withdraws from the purchase contract, the gift agreement regarding such gift becomes ineffective and the Buyer is obliged to return the provided gift together with the goods to the Seller.

VII.

Other Rights and Obligations of the Contracting Parties

1.  The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

2.  The Seller is authorized to sell goods on the basis of a trade license. Trade licensing control is carried out within its competence by the competent trade licensing office (živnostenský úřad). Supervision over personal data protection is carried out by Úřad pro ochranu osobních údajů. Česká obchodní inspekce, within its defined scope, inter alia, supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

3.  The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

4.  In connection with the nature of the goods sold, their seasonality and direct dependence of availability on the flower exchange, the Seller reserves the right to substitute flowers or colors compared to the presented photograph.

5.  The Buyer acknowledges that photographs of the presented flowers are for illustrative purposes in full bloom and the delivered flowers may, in certain cases, include blooms at an early stage.

VIII.

Personal Data Protection Conditions

1.  The controller of personal data pursuant to Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter “GDPR”) is the Seller.

2.  Personal data means any information about an identified or identifiable natural person; an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

3.  The controller has not appointed a data protection officer.

4.  The controller processes personal data that you have provided to it, or personal data that the controller has obtained on the basis of fulfilling your order.

5.  The controller processes your identification and contact details and the data necessary for performance of the contract.

6.  The legal basis for processing personal data is:

    a. performance of the contract between you and the controller pursuant to Article 6(1)(b) GDPR,

    b. the controller’s legitimate interest in providing direct marketing (in particular sending commercial communications and newsletters) pursuant to Article 6(1)(f) GDPR,

    c. your consent to processing for the purposes of direct marketing (in particular sending commercial communications and newsletters) pursuant to Article 6(1)(a) GDPR in conjunction with Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services, in the event that no order of goods or services has been made.

7.  The purpose of processing personal data is:

    a. processing your order and exercising the rights and obligations arising from the contractual relationship between you and the controller; when ordering, personal data are required that are necessary for successful processing of the order (name and address, contact details of both you and the recipient if it is a third party). Providing personal data is a necessary requirement for conclusion and performance of the contract; without providing personal data, it is not possible to conclude the contract or for the controller to perform it,

    b. sending commercial communications and performing other marketing activities.

8.  The controller does not carry out automated individual decision-making within the meaning of Article 22 GDPR.

9.  The controller stores personal data:

    a. for the period necessary to exercise the rights and obligations arising from the contractual relationship between you and the controller and to assert claims from these contractual relationships (for 15 years from the end of the contractual relationship),

    b. until consent to processing personal data for marketing purposes is withdrawn, at the latest for 15 years, if personal data are processed on the basis of consent.

10.  After the retention period expires, the controller will delete the personal data.

11.  Recipients of personal data are persons:

    a. involved in delivery of goods, services and processing of payments under the contract,

    b. providing e-shop operation services and other services related to operation of the e-shop,

    c. providing marketing services.

12.  The controller may / does not intend to transfer the necessarily required personal data to a third country (a country outside the EU) for the purpose of performance of the contractual relationship. Recipients of personal data in third countries are service providers directly related to the content of the customer’s order.

13.  Under the conditions set out in the GDPR, you have:

    a. the right to access your personal data pursuant to Article 15 GDPR,

    b. the right to rectification of personal data pursuant to Article 16 GDPR, or restriction of processing pursuant to Article 18 GDPR,

    c. the right to erasure of personal data pursuant to Article 17 GDPR,

    d. the right to object to processing pursuant to Article 21 GDPR,

    e. the right to data portability pursuant to Article 20 GDPR,

    f. the right to withdraw consent to processing in writing or electronically to the address or email of the controller stated in Article III of these Terms and Conditions.

14.  You also have the right to lodge a complaint with Úřad pro ochranu osobních údajů if you believe your right to personal data protection has been violated.

15.  The controller declares that it has adopted all appropriate technical and organizational measures to secure personal data.

16.  The controller has adopted technical measures to secure data repositories and repositories of personal data in paper form, in particular securing data repositories, encryption, regular data backups and antivirus software.

17.  The controller declares that only persons authorized by it have access to personal data.

18.  By submitting an order via the online order form, you confirm that you have been acquainted with the personal data protection conditions and that you accept them in full.

19.  You agree to these conditions by ticking the consent checkbox in the online form. By ticking the consent, you confirm that you have been acquainted with the personal data protection conditions and that you accept them in full.

20.  The controller is entitled to change these conditions. The controller will publish a new version of the personal data protection conditions on its website and will also send the new version to your email address that you provided to the controller.

IX.

Sending Commercial Communications and Storing Cookies

1.  Information related to the Seller’s goods, services or business will be sent to the Buyer’s email address only with prior consent. The Buyer may withdraw this consent at any time.

2.  The Buyer agrees to the storing of so-called cookies on their computer. If it is possible to make a purchase on the website and for the Seller to perform obligations under the purchase contract without storing so-called cookies on the Buyer’s computer, the Buyer may withdraw the consent under the previous sentence at any time.

X.

Out-of-Court Dispute Resolution

1.  The competent authority for out-of-court settlement of consumer disputes arising from the purchase contract is Česká obchodní inspekce, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Company ID (IČ): 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer arising from the purchase contract.

2.  Evropské spotřebitelské centrum Česká republika, with its registered office at Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

3.  The Seller is authorized to sell goods on the basis of a trade license. Trade licensing control is carried out within its competence by the competent trade licensing office (živnostenský úřad). Česká obchodní inspekce, within its defined scope, inter alia, supervises compliance with Act No. 634/1992 Coll., on Consumer Protection.

XI.

Service of Documents

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

2.  The Buyer delivers correspondence to the Seller to the email address stated in these Terms and Conditions. The Seller delivers correspondence to the Buyer to the email address stated in the Buyer’s customer account or in the Order.

XII.

Final Provisions

1.  All agreements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the laws of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations.

2.  The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

3.  All rights to the Seller’s website, in particular copyright to the content, including the layout of the page, photos, films, graphics, trademarks, logo and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the Seller’s consent.

4.  The Seller is not liable for errors arising as a result of third-party interference with the Online Store or as a result of its use contrary to its purpose. The Buyer must not use procedures when using the Online Store that could adversely affect its operation and must not carry out any activity that could enable unauthorized interference with or unauthorized use of the software equipment or other components forming the Online Store, and must not use the Online Store or its parts or software equipment in a manner that would be contrary to its purpose or intended use.

5.  The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

6.  The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

7.  The Seller may change or amend the wording of these Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous wording of the Terms and Conditions.

These Terms and Conditions take effect on 01/11/2019.