Terms and conditions

TERMS AND CONDITIONS

The website www.californiaflowers.ro , hereinafter called CALIFORNIA FLOWERS , is the property of SC SMILES&CLOUDS SRL registered in Bucharest , Str. VISCOLUI NO. 79 GROUND FLOOR , BUCHAREST, DIST. BUCHAREST , CUI/CIF: RO41209730 , Share capital: 200 RON , Work point: Valerian Prescurea NO. 16, and will be called the SUPPLIER .
Using this site implies acceptance of the terms and conditions below. We recommend reading these carefully. The SUPPLIER assumes the right to modify these provisions without further notice. The latest version can be found by accessing this page, called "Terms and conditions".

The SUPPLIER guarantees the user limited access, in personal interest (making online orders, information), to the CALIFORNIA FLOWERS website and does not grant him the right to download or modify the website in whole or in part, to reproduce the website in whole or in part to copy, sell/resell or exploit the site in any other way, for commercial purposes or contrary to the interests of the company without its prior written consent.
The right to create a web link - link - to CALIFORNIA FLOWERS is limited, non-exclusive and revocable, and is granted as long as it does not cause shortcomings of any kind for CALIFORNIA FLOWERS or any of our partners, only after obtaining in writing or by email our agreement.

  1. The PROVIDER's copyright on the information published on CALIFORNIA FLOWERS
    The entire content of the CALIFORNIA FLOWERS website - images, texts, graphics, symbols, web graphic elements, emails, scripts, programs and other data - is the property of the SUPPLIER and is protected by the Copyright Protection Law (law no. 8/1996) and the laws regarding intellectual and industrial property. The use without the consent of the SUPPLIER of any of the elements listed above is punishable according to the legislation in force. It is allowed to use the CALIFORNIA FLOWERS website only within the limits mentioned in this document.
  2. The products and services offered by the SUPPLIER on the CALIFORNIA FLOWERS website, price policy
    The products sold through CALIFORNIA FLOWERS are new, in the original packaging of the manufacturer and at the time of delivery are accompanied by the tax invoice.
    The products and services are offered in compliance with the provisions of this document and within the limits of the available stock. For this reason, the SUPPLIER assumes the right not to honor a certain order if the respective product is no longer available in the current offer.
    The prices presented do not include delivery costs, unless expressly specified on the website. The purchase price printed on the invoice will be the same as that set by the CALIFORNIA FLOWERS sales consultant at the time of confirming the order as a firm order, or, in the case of orders with online payment directly by credit card, this price will be the one published on the website at the time purchase.
    Despite our efforts, a small number of products may have wrong prices on the website, erroneously set by our IT application. Under these conditions, the final price accepted by the customer during discussions with CALIFORNIA FLOWERS sales consultants is always considered. If the actual price of the product is higher than the price displayed on the website, our sales consultants are entitled to satisfy your request to deliver the product to you at the price published on the website, only to the extent that we will be able to do so, as well as you you are entitled to refuse the respective order. If the real price is lower than the price published on the website, and you have paid the price in advance, the difference will be returned as mutually agreed upon, but no later than 30 days from the date of receipt of the product .
    The PROVIDER does not offer any guarantee, expressly or implicitly, regarding including, but not limited to, the operation of this site, the information, the correctness of the descriptions, the updating of the content, the products on the site as well as their suitability for a certain purpose. Users expressly agree that the use of this site and the purchase of related products or services is at their own risk, the only exception representing the PROVIDER's obligation to grant users the right to unilaterally terminate the contract according to the legislation in force, as detailed below in this document . The images published on the site are for example, and the delivered products may differ from the images presented in any way (color, accessories, appearance, etc.).
    The content of CALIFORNIA FLOWERS (texts, product descriptions, technical characteristics, elements of floral creation, images, symbols) is compiled in collaboration with the representatives of the producers. For this reason, the SUPPLIER does not assume responsibility for the product descriptions and specifications displayed on the CALIFORNIA FLOWERS website.
    The SUPPLIER and its partners reserve the right to modify the technical specifications of the products without prior notification.
  3. Payment of products
    Payment for the products ordered from the CALIFORNIA FLOWERS website can be made upon delivery of the products by courier (cash on delivery) or in advance. Advance payment can be made by postal order or payment order: proof of payment must be sent to the SUPPLIER at the e-mail address office[at]californiaflowers.ro. In the case of advance payment, the delivery will be made only after the money has entered the SUPPLIER's account. The ordered products must be paid in full, otherwise the delivery will not be made. The SUPPLIER reserves the right to request payment of the products in advance in certain cases.
  4. Delivery of products

Free shipping in Bucharest and Brasov for orders over 100 RON.

The delivery of products in Bucharest and Brasov is done through CALIFORNIA FLOWERS own couriers.
The DELIVERY TIME of the products is between 2-6 hours for orders placed and confirmed by a CALIFORNIA FLOWERS operator from Monday to Sunday .

Delivery costs are:
- FREE for orders whose value exceeds 100.00 RON

– 29.00 RON for orders with a value of up to 100.00 RON

If the customer is not found at the mentioned address, he will be contacted by phone by the courier company.
The receipt of the products represents the customer's acceptance that the products have arrived in good condition. The invoice constitutes the sale/purchase contract according to the Romanian legislation in force. The customer expresses his explicit agreement when signing the invoice regarding the fact that he has received the product(s) that is (are) in accordance with the order and his needs.

The SUPPLIER reserves the right to delay or cancel deliveries of the ordered products if they cannot be honored for reasons independent of the SUPPLIER, which include: fires, explosions, floods, epidemics, strikes, government actions, wars, acts of terrorism, protests, riots, civil disturbances or other force majeure impediments according to Romanian law.

The maximum amount of damages that can be paid by the SUPPLIER to any customer in case of non-delivery or improper delivery is the amount collected by the SUPPLIER from this customer.

The SUPPLIER reserves the right not to ship certain orders for which the transport cost exceeds the value of the products, except for orders paid in advance.

  1. Product warranty
    The warranty conditions are in accordance with Law 449/2003 and OG 21/1992. When requesting the guarantee, it is necessary to present the defective product in the original packaging, together with the related accessories and a copy of the tax invoice. If the products arrive unaccompanied by these documents, the products can be returned to the applicant/shipper without voiding the warranty.
  2. Delivery risks

If the person mentioned as the recipient in your order is not found at the address / there is restricted access to the location / the address is a company, a hospital, a school, a public institution, chapel, etc., our company's couriers will leave the packages / products ordered at the neighbors / reception / porters, following that the person who picked up the parcel should mention the full name and signature on the delivery slip, so that it can be identified. Under these conditions, your order is considered delivered. In case of refusal of receipt, CALIFORNIA FLOWERS does not assume any responsibility regarding the condition of the flowers and does not in any way ensure the partial or full return of the order value. CALIFORNIA FLOWERS will take all the necessary steps to communicate to the customer the situation that arises as a result of the recipient's refusal to receive the order in order to resolve it as far as possible.

The recipient of the package can be contacted by phone before delivery, to establish the distribution route. The recipient will not be told in advance what exactly he is going to receive, using the general term "parcel".
Our company assumes no obligation if the delivery cannot be made due to incorrect delivery information, refusal of receipt by the recipient or if the recipient cannot be contacted using the data provided by the customer, extreme weather situations (code yellow / code red / orange code), limited access to the address, very crowded periods such as February 14, March 1, March 8, Easter, Christmas, etc. The shipment of the order in question can be redirected for a fee to a new location with delivery within 48 hours. An order in such a situation cannot be considered undelivered or "non-compliant delivery / withered goods / damaged goods". We are committed to provide the details regarding the status of a delivery to our customers as soon as possible when they are requested and to do everything possible to facilitate the delivery of orders. For orders in the province, we will ensure the client's connection with the courier company to solve possible situations in the delivery process.

  1. Product return

Non-perishable products can be returned within 14 calendar days of receipt (within each product it is mentioned whether it is perishable or non-perishable);

Perishable products cannot be returned. Perishable products are considered: natural cut flowers, preserved/cryogenated natural flowers, potted flowers / plants, food products;

Non-perishable products are returned containing all the original parts / elements / accessories;

The return is made by sending the products to the CALIFORNIA FLOWERS address: Valerian Prescurea No. 16, by any fast courier, except the Romanian Post;

The parcel will contain all the documents initially received;

The amount paid will be reimbursed in full, within 14 calendar days from the receipt of the return decision and acceptance of the termination of the contract from CALIFORNIA FLOWERS;

The customer will receive the amount paid, but will not be entitled to other compensations;

8. Cancellation of orders

Cancellation of an order can only be done by written notification to office@californiaflowers.ro at least 8 hours before the delivery time for orders with delivery in Bucharest and Brasov. If this order has already been paid, and the customer cancels it after the term mentioned above, the company will return to the customer only 50% of the value of the order (at his request). In the event of a cancellation at least 48 hours before the delivery date, the value of the order will be fully refunded, within 14 days of receiving the written request.

The company reserves the right to choose its customers and to cancel a certain order, notifying the customer of this change at least 24 hours before the day of delivery.

  1. The quality of the hosting services, the links to other sites, operating errors
    The CALIFORNIA FLOWERS website is hosted by the servers of a third party. The SUPPLIER cannot be held responsible for any errors that appear on the site, regardless of the reasons for their occurrence, including changes to the site, settings, or updates to the programmed scripts. The SUPPLIER cannot be held responsible for errors that occur due to the use of certain browsers to visit the CALIFORNIA FLOWERS website. The SUPPLIER is not responsible for the content, quality or nature of the sites that are reached through links from the CALIFORNIA FLOWERS website. For the respective sites, full responsibility is borne by the owners of the sites in question.
  2. Subscribe and unsubscribe to the newsletter
    Subscribing and unsubscribing to the CALIFORNIA FLOWERS website newsletter is free and voluntary, and implies acceptance of the following terms of use. The messages sent are not unsolicited and you can unsubscribe at any time by following the instructions at the bottom of each email. The messages sent comply with the Electronic Commerce law regarding commercial communication as stipulated by Romanian and international legislation.
    The use of the newsletter is done under the same conditions of limitation of liability from the point of view of the content as the use of the website is authorized, under the conditions provided by this document, and the confidentiality policy is described in detail in the next section. The SUPPLIER owns all the rights to the content of the newsletter sent to subscribers under the same conditions as for the information published on the website, in accordance with the provisions of this document.

Subscribers of the CALIFORNIA FLOWERS newsletter can resend these commercial communications to other people, at their own risk, and under the conditions that they have not modified either the structure or the content of the respective messages. The people who received the commercial messages from the subscribers of the CALIFORNIA FLOWERS newsletter, are considered to have been informed in advance by the subscribers about the provisions of this article. In this context, the SUPPLIER cannot be held responsible in any way for the actions of its subscribers.

The SUPPLIER reserves the right to restrict the access of any subscriber to the newsletter, if the SUPPLIER has any reason to believe that the respective subscriber does not comply with the provisions of this document.

  1. Privacy policy
    The SUPPLIER guarantees the security and confidentiality of the data hosted and transmitted through its computer system. This information can be used by the SUPPLIER to send the user order confirmation, various special offers, promotions, etc. only with the prior consent of the client. The provision of personal data to the SUPPLIER does not imply obligations on the part of the users and they can refuse to provide this data in any circumstances and can request their deletion from the database free of charge. Any such request/notification in order to delete them from the database, will be dated, signed and sent by the person registered in the database by e-mail to the address office[at]californiaflowers.ro.
    The SUPPLIER undertakes that personal data will not be disseminated to third parties with the exception of the direct marketing operator. However, the personal data may be transmitted to the legal authorities to verify commercial transactions or to other legal authorities to carry out any checks justified by law, if this is requested in accordance with the laws in force.
    Due to the way in which the personal data stored by the SUPPLIER's system are transmitted electronically, the SUPPLIER cannot be held responsible in any way for their loss or copying of information by unauthorized persons, through the use of interception equipment or software. Upon notification by the users, the SUPPLIER will take all measures and make available all the necessary files to the competent bodies empowered to solve this type of crime.

The information provided to the SUPPLIER is used only for the purpose for which it was entered (making orders, sending messages to staff, subscribing to the newsletter, etc.), according to the laws in force. The PROVIDER does not provide your e-mail address to third parties, does not encourage spam, and does not make public the data provided by its customers without their explicit consent.

According to the requirements of Law no. 677/2001 for the protection of individuals regarding the processing of personal data and the free movement of such data, amended and supplemented and of Law no. 506/2004 regarding the processing of personal data and the protection of private life in the electronic communications sector SC SMILES7CLOUDS SRL has the obligation to manage in safe conditions and only for the specified purposes, the personal data that you provide us about you, a member of your family or another person.

The purpose of data collection is: placing orders, sending messages to staff, subscribing to the newsletter.

You are obliged to provide the data, which are necessary for the delivery of the orders placed. Your refusal causes orders to be legally cancelled.

The registered information is intended for use by the operator and is communicated only to the following recipients: courier companies with which SC SMILES&CLOUDS SRL delivers the orders placed and the direct marketing operator.

If you want to receive information about products, services, events, etc. offered by the SUPPLIER is a voluntary choice and you can express it by subscribing to the newsletter.

According to Law no. 677/2001, you benefit from the right of access, intervention on the data, the right not to be subject to an individual decision and the right to appeal to justice. At the same time, you have the right to object to the processing of personal data concerning you and to request the deletion of the data*. To exercise these rights, you can send a written, dated and signed request to office[at]californiaflowers.ro. Also, your right to appeal to justice is recognized.

If some of the data about you is incorrect, please inform us as soon as possible.

_______________________________________________________________

Observation:

*any person has the right to oppose, for legitimate reasons, the processing of data concerning him. This right of opposition can be excluded for certain processing provided by law (e.g.: processing carried out by financial and tax services, police, justice, social security). Therefore, this mention cannot appear if the processing is mandatory;

*any person also has the right to object, free of charge and without any justification, to the processing of their personal data for direct marketing purposes.

The SUPPLIER certifies that it will respect the rights conferred by Law no. 677/2001 regarding the protection of individuals regarding the processing of personal data and the free movement of such data, of Law no. 365/2002 regarding electronic commerce, as well as Ordinance no. 130/2000 regarding consumer protection when concluding and executing distance contracts with subsequent amendments. These rights include (the list is not exhaustive):
1. the right to ask the SUPPLIER to confirm the processing or not of your personal data, free of charge;
2. the right to ask the SUPPLIER to rectify, update, block or delete, free of charge, those data provided whose processing is not in accordance with the provisions of Law no. 677/2001;
3. the right to ask the SUPPLIER to stop, free of charge, the processing of your personal data;
4. the right to ask the SUPPLIER to stop sending promotional messages.
Any such request/notification will be dated, signed and sent by the person registered in the database by e-mail to the address office[at]californiaflowers.ro.
The PROVIDER uses security measures against the loss, alteration or misuse of information under our control.

The PROVIDER cannot be held responsible for errors caused by the user's negligence regarding the security and confidentiality of his account and password. The SUPPLIER cannot be held responsible in any way for the loss or alteration of personal data stored by the SUPPLIER for the purpose specified in this document.

Any access to the database with personal information of CALIFORNIA FLOWERS users, including any unauthorized access attempt, will be recorded in an access file. The access files will make it possible for the SUPPLIER to identify the persons who have accessed personal data without a legitimate reason, in order to notify the competent authorities. Any attempt to access the personal data of another user, to modify the content of the site or to affect the performance of the server on which the CALIFORNIA FLOWERS site runs, will be considered an attempt to defraud the CALIFORNIA FLOWERS site and will put you in move the criminal investigation against the one or those who initiated this action.

  1. Final provisions
    Any other problem caused by the products and services presented on CALIFORNIA FLOWERS and which is not already dealt with by any article in this document, will be resolved amicably within 30 working days from the date of notification of the problems in writing, by user.
    In the event that the conflict was not resolved amicably, the competence rests with the Romanian courts or an alternative dispute resolution body agreed by both parties. By agreeing to these Terms and Conditions of Use of the CALIFORNIA FLOWERS website, the customer fully assumes the consequences arising from the use of the website under these conditions.

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