COMMERCIAL Terms and Conditions

General Commercial Terms and Conditions (GTC)

Issued in accordance with provisions of §1751 and following of the Act No. 89/2012 Sb., the Civil Code, as amended (hereinafter also as the „Civil Code“)

 

  1. Identification of the Seller

 

Fleurop-Interflora Česká s.r.o.

ID No.: 045 97 338
with its registered office at Praha, Václavské náměstí 795/40, postal code: 110 00, Czech Republic
an entity reigistered in the Commercial Register maintained by the Municipal Court in Prague, file No. C 250322
DIČ: CZ04597338
Contact information  customers: customer line No. : +420 792 487 101, e-mail: eshop@fleurop.cz
(hereinafter also as the „Seller“)

 

  1. Scope, definition of certain terms, basic provisions

 

  • These general commercial terms and conditions issued by the company Fleurop-Interflora Česká s.r.o. (hereinafter also as the „GTC“) regulate the basic conditions of a purchase and delivery contract (hereinafter also as the „contract“), as well as mutual rights and obligations arising from thereof, concluded between the seller and the buyer in an internet store operated by the seller on the following address: fleurop.cz (hereinafter also as the „e-shop“). As per the previous sentnece, the buyer acts either as an entrepreneur (if he meets conditions according to Art. 2.4 of these GTC) or as a consumer (if he meets condisztions accordi to Art. 2.3 hereof).

 

  • Goods is understood as fresh flowers and flower products, representing goods that are subject to quick perishment, and which are specified further in said e-shop.

 

  • Consumer is a physical entity, which concludes the contract not as part of its business activities nor as part of independent employment .

 

  • Entrepreneur is a physical or legal entity, which concludes the contract in association with performance of systematic gainful activities on its on account and on its own behalf.

 

  • Partner is understood as a third party, towards which certain rights in certain circumstances according to these GTC may be directly applied to.

 

  • Recipient is a person stated in the order of the buyer, which the goods are intended to be delivered to.

 

  • List and a price list of goods shall be posted on the e-shop of the Seller.

 

  • Time frame is a time segment defined by specific hours within the calendar day, selected by the buyer during the process of ordering, during which goods are meant to be delivered.

 

 

  1. Order, conclusion of purchase contract for goods

 

  • Goods may be ordered through the e-shop of the Seller by filling out the respective electronic form. After selecting goods, the Buyer shall state all requisite information (name, surname, name of the legal entity, ID No. of the legal entity, address, phone contact, e-mail and other information necessary for issuing of the tax document) identification and contact information for the recipient (name, surname, address, phone number) including specification of the ple of delivery (house registration/identification number, floor number, apartment/door number, name on the bell button, etc.) as welll as other information regarding specification and requirements for the goods and conditions for its delivery according to Art. 5 hereof. The Buyer has the opportunity and is also required at the same time to check the order and information contained in said order prior to placing the orderd, whereas the Buyer understands that these information has significant impact on proper and timely delivery of goods.

 

  • Orders may be placed at any time during the business hours of the e-shop, which is continuous (Monday – Sunday, 0:00 – 24:00 hours.).

 

  • Properly filled out and filed order containing all requisites represents an offer for conclusion of a contract, whereas the contract is considered as concluded in the moment of delivery of the order confirmation from the Seller to the electronic address of the Buyer, which the Buyer stated in said order. Offer of the Buyer to conclude a purchase contract shall be confirmed without undue delay, no later than at 10:00 hours of the business day following the day upon placing the order. With expiration of the deadline according to previous sentence the obligation of the Buyer arising from the respective offer ceases to exist.

 

  • Any requirement for modification of order that has been already placed must be communicated by the Buyer without undue delay, utilizing contact information in Art. 1 of these GTC. Modification of an order after the contract has been concluded is alays a subject of mutual agreement between Buyer and the Seller, while process as per Art. 8.1 remains unaffected.

 

  • The Seller to ensure proper performance of the contract shall carry out a proper electronic storage of said contract for a period of minimum of 5 years from the conclusion of the contract. The Seller shall enable the Buyer access to the contract in question subject to prior request of the Buyer.

 

  1. Price for delivery of goods, payment conditions

 

  • Price of goods stated in the e-shop is allways up-to-date as of the day of placement of an order, whereas it always includes relevant rate of value added tax (VAT/DPH). Due to specific nature of Goods consisting in its varied availability related to different seasons of the year, prices may vary throughout the course of the calendar year.

 

  • The price of goods does not include price for additional services (e.g. special greeting card), other fees, nor costs of transportation (unless stipulated otherwise in these GTC). These fees and costs shall be billed to the Buyer in the amount according to the price list stted on the e-shop in the moment of placement of order.

 

  • Consumer is entitled to learn the total price for delivery of goods including additional services prior to the placement of order, whereas this shall be subject to itemized list included in the confirmation of the Seller as per Art. 3.1 hereof.

 

  • Price for delivery of Goods may be paid through a payment gate using the following payment cards (VISA, VISA ELECTRON, MASTERCARD, MAESTRO) or using the PayPal service.

 

  • The Buyer acknwledges that procesising of order shall only commence after payment of the total price for the delivery of Goods.

 

  • The Buyer ackonowledges and agrees with excecution of price billing only in an electronic form. Respective tax document shall be delivered to the email address of the Buyer without undue delay upon conclusion of the contract .

 

  1. Delivery of goods

 

  • The Seller delivers goods only to places located within the territory of the Czech Republic vy utilizing services of a professional operator of delivery services (courier) or directly through its partners. Choice of an entity performing delivery as per the previous sentence belongs exclusively within the competence of the Seller, which in this context shall reflect the requested place of delivery as well as timeframe of delivery in such means that the goods shall be delivered in accordence with this contract properly and on time. Goods may not be delivered to a P.O. Box.

 

  • The Seller shall arrange delivery of goods to a designated place and further its handing over to the recipient within the timeframe in accordance with this contract. Handing over of goods to the recipient or a a third party is conditioned by a written confirmation of such fact to the person through which the Seller delivers the Goods. The Buyer acknowledges that the person performing delivery is not required nor entitled to verify identity of the recipient and in connection with delivery demand from the receiving person submission of an identification document. Delivery of Goods in accordance with Art. 5.2 hereof , shall be confirmed to the Buyer by the Seller promptly electronically to an e-mail address of the Buyer stated in respectve order.

 

  • In the event of absence of the Recipient in the requested place of delivery, the person performing delivery of Goods shall proceed in accordance with additional instructions regarding further handling of undelivered goods, which the Buyer may state during the process of ordering Goods by checking a relevant field in the order form within the e-shop or specify thereof in a note field (e.g. hand over Goods, subject to a written confirmation, to other, specifically listed third person different from the recipient, which shall be present at stipulatplace of delivery, or ban any contacting of the recipient within the appropriate time of delivery in or to specify conditions of delivery).

 

  • In the absence of any additional instructions in accordance with the Art. 5.3 hereof it is assumed that the Goods shall be delivered only to the own hands of the Recpent. In case of absencf the Recipient in the place of delivery, a written notice shall be left in the place of delivery stating that an unsuccesfull attempt to deliver Gooods has taken place together with information regarding place, time and options of collection of Goods in person.

 

  • In the event that the Recipient or another, authorized third person refuses to accept Goods without any reason stated or the Goods may not be delivered due to erroneous, incorrect, incomplete or non-existent data stated in the order by the Buyer, as well as as in the event of explicit ban by the Buyer on proceeding in accordance with the Art. 5.4. hereof, the Seller shall promptly notify the Buyer no later than on 10:00 hours of the following business day  via telephone and simultaneously also via e-mail in order to stupilate further proceeding. At the same time the Seller shall, using means specified in pervious sentence, also notify the Buyer about a place where the Goods shall be ready for personal pick-up for a period of additional 7 calendar days from the moment the respective notificaton has been sent out..

 

  • Due to absence of the recipient or a third person in the place of delivery a repeated delivery may be carried out, whereas this is subject to charge in accordance with the price list of the Seller posted on the e-shop. Unless agreed in writing otherwise between the Buyer and the Seller, a repeated delivery shall be carried out on the next business day following the payment of the respective surchage via means stated in the Art. 4.4 hereof.

 

  • Upon expiration of the period for collection of Goods by the Recipient in accordance with Art. 5.4 hereof or the period of 7 calendar days to agree repeated delivery of Goods in accordance with conditions stated in Art. 5.6 hereof, the Goods shall be considered as peoperly delivered in accordance with the contract. Effects stated in the previous sentence shall occur also in the event of collection of Goods directly by the Buyer, that is in the moment when such collection has taken place.

 

 

  • The Seller shall not be held liable for failed delivery due to incorrect delivery and contact onformation of the recipient, nor due to absence of the Recipient in the place designated by the Buyer in the order .

 

  • In the event of a requirement of the Buyer for delivery of Goods during significant days such as the Valentine’s Day, Mother’s Day. International Women’s Day, the Seller reserves the right to change the time range for delivery, day of delivery respectively in accordance with Art. 5.12 of the GTC. The Seller shall notify the Buyer about such change without undue delay by means specified in 9.1 hereof, however no later than at 10:00 hours of the next business day following the placement of respective order.

 

  • The Buyer, subject to conditions specified further in these GTC, may select between standard and express mode for delivery of Goods.

 

 

STANDARD MODE

 

  • Within the standard mode of delivery is Goods delivery, with the exception of case stated in Art. 5.13 GTC, carried out in business days between 8:00 and 20:00. transportation of goods is free-of-charge, whereas the provosion of Art. 5.7 hereof remains unaffected.

 

  • Due to the fact that the delivery of goods may not be carried out with accuracy in minutes, the Seller allows in the standard mode of delivery to specify the moment of delivery by a time range of at least one hour (e.g. between 15:00 – 16:00). The Seller may define a shorther range for selected destinations (e.g. the city of Prague), whereas the list of such locations as well as the specific time range shall be stated in the e-shop of the Seller. Goods is considered as properly delivered if it has been delivered within the time range defined by a contract.

 

  • If a faultless order is placed within standard mode of delivery no later than at 15:00 hours on a business daybe delivered on the same day. In all other cases the Goods shall be delivered within the specified time range earliest on the next business day.

 

EXPRESS MODE

 

  • The Seller enables the Buyer to use the serivce of express delivery in which Goods shall be delivered within 100 minutes from confirmation of faultless order via e-shop.

 

  • Service in accordance with 5.14 hereof is provided during business days and only for orders placed between 09:00 – 16:00 with a request for delivery in selected places listed on the e-shop.

                                

  • Express delivery is subject to surcharge in acordance to rates listed in a price list of the Seller, which is available on the e-shop.

 

  1. Claims from defective performance

 

  • Unless stipulated otherwise in this Art. 6 hereof, claims from defective performance in connection with delivery of Goods (hereinafter also as the „claim“) may be asserted by the Buyer as well as the Recipient of Goods (hereinafter also as the „claiming person“).

 

  • Defects consisting of obviously damaged Goods (e.g. broken flowers) in discrepancy of Goods in the form of insufficient number of pieces or incorrect composition (significant difference from the photo on the e-shop in terms of flower type) which are apparent in the moment of delivery is necessary to be asserted with Seller without undue delay, no later than 1 calendar day from the moment the claiming person had an opportunity to see the Goods. With vain expiration of said period shall the rights according to the previous sentence be ceased.

 

  • Claim may be asserted via telephone within the business hours of the customer line of the Seller (business days between (8:30 and 17:00) or at any me via e-mail using contact information stated in Art. 1 of the GTC. Claiming person is required as part of asserting its claim to identify Goods, describe the defect in question, state the order number, date of delivery and contact email address.

 

 

  • As a defect is not considered in the aforementioned context a gradual and natural loss of aesthetic properties of Goods implying from the specific nature of Goods in accordance with Art. 2.2 hereof, as well as eventual discrepancy between delivered Goods and the contract as a result of circumstances stated in Art. 8 of the GTC. As a defective Goods shall not be considered a circumstance stated in Art. 5.8 hereof.

 

  • The Seller shall not be held liable for defects of Goods resulting from intentional or negligent actions of the Recipient, incl. handling of Goods in an unsuitable manner due to nature, function and properties of Goods as well as a result of lack of due care (exposure of flowers to inadequate climatic conditions – e.g. heat, cold, direct sunlight, chemical agents, lack of water/dampness and nutrition etc.).

 

  • The Seller without undue delay, no later than at 10:00 hours of the next business day shall confirm to the claiming person acceptance of the claim in question by sending a message to an e-mail address listed with the claim. The claim itslef including its settlement shall be decided upon and notified to the claiming person using the means described in previous sentence no later than 3 business day from the day the claim has been asserteds.

 

  • Claiming person ackowledges that due to specific nature of goods described in Art. 2.2 hereof, only an adequate discount from the price of defective Goods may be provided as a compensation in case of a legitimate claim.

 

  1. Termination of contract by the Buyer

 

  • The Buyer is entitled to withdraw from the contract by a written notification sent in the form of an electronic message sent to the e-mail address of the Seller stated in Art. 1 hereof. Withdrawal from contract may occur no later than 2 calendar days prior to commencement of the time period for delivery of Goods, otherwise the withdrawal in accordance with the previous sentence shall be ignored. The option to withdraw from the contract in accordance with Art. 7.1 hereof shall not apply if the Buyer chooses the option to deliver the Goods in the express mode as per Art. 5.14 and following hereof.

 

  • The Buyer is also entitled to withdraw from the contract by means stated in the Art. 7.1 hereof in the event of disagreement with the delivery of Goods in modified:

 

  • timeframe, as well as in another day in accordance with notification by the Buyer in accordance with 5.9 hereof;

 

  • scope as intended by Art. 8.2 hereof;

 

that is no later than within 1 calendar day from the notification being sent to the Buyer by the Seller in accordance with respective provisions of the  GTC..

 

  • The consumer expressly ackowledges that since the Goods is a subject of fast perishing as statein art. 2.2 herof with reference to provisions of the § 1837 par. 1 item e) the Civil Code the customer may not withdraw from concluded contract in accordance with § 1829 and follwoing of the Civil Code.

 

  1. Deviation of goods

 

  • Due to availability of goods, which depends on currently existing climatic conditions as well as on possibilities of import of goods from abroad, the Seller reserves the right to change the type and color version of delivered goods within the scope of not exceeding 25% in comparison with description, photo respectively, of goods on display in the e-shop of the Seller. The Buyer acknowledges and consents that the facts stated in the previos sentence does not constitute an answer as intended by § 1740 par. 3 of the Civil Code which would significantly change the conditions of the original offer to the Buyer.

 

  • Requisite change in scope exceeding the limit stated in Art. 8.1 hereof shall be notified by the Seller to the Buyer without undue delay, no later than until 10:00 hours of the following business day from the date of placing the respective order.

 

  1. Delivery of documents

 

  • The Buyer acknowleges and at the same time expresses its consent with delivery of all documents involving contract as well as these GCT via electronic mail to an address stated in the order.

 

  1. Personal data protection

 

  • The Buyer hereby grants the Seller a consent with processing of personal data in accordance with relevant provisions of the Act No. 101/2000 Sb. Personal Data Protection Act, as amended, for the purpose of maintaing a database its customers. By processing is understood in particular gathering, storage on data carriers, use, storage, sorting and transmission of personal data of the Buyer. Personal data shall be processed by employees of the Seller. By personal data is understood in particular name, surname, permanent residential address, etc.

 

  • This consent with processing of personal data is granted by the Buyer voluntarily. The Buyer is entitled to request information from the Seller concerning the processing of its personal data. Should the Buyer gain impression that its personal data is processed inaccurately, the Buyer is entitled to ask the Seller for clafication or deman remedy of such situation. The Buyer has the right to access its personal data and right to its correction. This consent is granted for a period of 5 years from the moment of data being transmitted with the order of the Buyer.

 

  • The Buyer expressly agrees with electronic storage and processing of its data for the purpose of perfomance of a contract and further for purposes of mrketing and information concerning business fields of the Seller. Mailing of informaton is possible to be done via post, e-mail, in the form of a newsletter and/or a SMS message. The Buyer may withdraw its consent at any time..

 

  1. Copyright

 

  • Photos posted on the e-shop of the Seller are works outhor of which is the company Fleurop AG, DE136741738, with its registered office at Lindenstrasse 3-4, 12207, Berlin Germany, and therefore are subject to protection as intended by relevant provisions of the Act No. 121/2000 Sb., the Copyright Act. The Seller declares that due to affiliation with the entity stated in previous sentence it is authorised to dispose with the copyrighted works in an unlimited extent, including ranting consent (licence) with its further use a well as assertion of all claims as a result of its unauthorized use by third parties. Neither the Buyer nor any third party is authorized to dispose of or handle the copyrighted work in accordance with 11.1 hereof without prior written consent of the Seller.

 

 

  1. Final Provisions

 

  • In the event of any disputes arising from the contract or in association with it, the Consumer as the Buyer is entitled to address its request to the relevant body for out-of-court solution of disputes, which is the Česká obchodní inspekce (Czech Trade Inspection Authority), with its registered office in Praha, Štěpánská 567/15, postal code 120 00, IČ: 000 20 869 (coi.cz). Platform of the European Commission for out-of-court settlement of disputes: Link.

 

  • Solution of all disputes arising from the conract with the exception of cases stated in Art. 12.1 of the GCT is stipulated a territorial jusrisdiction of general courts of the Czech Republic in relation to the registered office of the Seller.

 

  • The Buyer confirms by placing an order through the e-shop that it has familiarized itself with contents of said GCT and that it consents with its content in its full extent and without reservation undertakes to adhere to said GCT. Wording of the GCT effective in the moment of of the prder being placed shall be sent to the Buyer in an elctronic form together with confirmation of order. Both shall be sent to an electronic address stated by the Buyer in the relevant order. The contract is concluded in Czech language and exclusively in electronic form and therefore no printed form is obtained. The Seller is not inpossession of any ethical codex.

 

  • The issued not regulated by the contracts shall be governed by this GCT. In the event of discrpancy between the contract and the GCT the contract prevails. Use of general terms and conditions of the Buyer is excluded. Contract and all rights and obligations arising from thereof or related to thereof shall be goved by the law of the Czech Republic, in particular by Act. No. 89/2012 Sb., the Civil Code, as amended.

 

  • The complete wording of these GCT is placed in the e-shop and also available for downolad on the following internet address .

 

  • The Seller is entitled to unilaterally change these GCT at any time, whereas unless stipulated otherwise, such changes enter into legal force in the moment of publication on the e-shop of the Seller. Any change in the GCT has no impact on already concluded contracts, whereas to such contracts the wording of the GCT effective in the moment the relevant order has been placed.

 

In Prague on  February 6, 2017