Terms and Conditions

Basic concepts

1.1 These General Terms and Conditions form an integral part of all contracts for the purchase of goods concluded by Harrington Partners s.r.o. (trademark Flowers Fiorita, Fiorita Flowers) with its customers.

1.2 The seller is Pink Petals, Ltd., Company ID No .: 07159986, registered office at Rooseveltova 892/49, 160 00 Prague 6, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, file number C 295738. The seller is the operator of an online shop with flowers and ancillary goods (e-shop) at https://pinkpetals.cz/store/. Contact details: phone +420 776 770 350 or email [email protected]

1.3 The buyer is a natural or legal person who, on the basis of an order, buys goods or even requests its sending to the recipient at a designated place.

1.4 The consignee is a natural or legal person to whom the seller sends the goods to a designated place according to the buyer’s order.

1.5 The carrier is

1.5.1. external company, which is engaged in professional transport of consignments.

1.5.2. employee of the seller who performs the function of the carrier

1.6 The list and price list of goods and services is kept on the seller’s website www.fiorita.cz/obchod/

Order goods and services

You can order goods and services in the following ways:

2.1 In person at partner’s store:

Rooseveltova 892/49, Prague 6

Open daily MON – FRI: 9.00 – 19.00, SAT: 9.00 – 14.00

2.2 By electronic on-line order form on the portal https://pinkpetals.cz via the contact form or directly at https://pinkpetals.cz/store. After the order has been sent and paid, the buyer receives an order confirmation by e-mail, so always check that the email address is correct. The buyer is obliged to formally check the order confirmation and in case of incorrect or incomplete information about the subject of the order or the address of the destination, immediately contact Pink Petals s.r.o.  call +420 776 770 350 and correct the information. Later claims due to discrepancies in the placed order will not be considered. Upon delivery of the order confirmation, the buyer and the seller have a contractual obligation under which the seller is obliged to deliver the ordered goods to the place of delivery in accordance with these terms and conditions and the buyer is obliged to pay the agreed price for the delivery.

2.3 By telephone order on +420 776 770 350. Orders are accepted every day from 8 am to 8 pm. With this order it is necessary to pay the goods at the seller’s premises or by bank transfer before dispatching the order or the order can be sent to the orderer cash on delivery only with the express consent of the seller.

Delivery of goods

Goods can be delivered in the following ways:

3.1 Delivery of goods for personal collection at Pink Petals Partner.

3.2 Delivery of goods by consignment to Prague, Prague-West and Prague-East.

3.2.1 When the goods are shipped to the consignee, the seller sends the goods to the consignee designated by the buyer at the place specified by the buyer. The goods are transported by the carrier.

3.2.2 The carrier shall transport the goods to the agreed place and issue it to the consignee within the transport period ordered by the buyer. Information about the place, the consignee and the deadline is provided by the seller to the carrier based on the buyer’s order. It is always necessary for the buyer to thoroughly check the correctness of the address, telephone numbers and other specifications that affect the accuracy and speed of delivery of the goods. The recipient’s phone number is a condition of delivery for this type of transport.

3.2.3 The consignee must be present at the agreed place within the transport period. If the consignee is not present, the carrier may also issue the goods against written confirmation to another person at the agreed place. This does not apply if the buyer in the order specifies in writing that the goods must be handed over to the recipient in their own hands. The carrier is not obliged to check the identity of the consignee.

3.2.4 If the consignee refuses to take over the goods or the goods cannot be delivered, in particular due to inaccurate or non-existent address, absence of the consignee or other authorized person, which could be delivered in accordance with these business conditions at the place of delivery the carrier must immediately inform the buyer or seller and wait for further instructions to be communicated. The price for the fulfillment of further instructions shall be paid by the buyer. If further instructions are not communicated to the carrier within 10 minutes or if these instructions cannot be fulfilled, the carrier will transport the goods back to the seller. The obligation of the carrier to deliver the goods is thus fulfilled by returning the goods to the seller. Return of goods to the seller or transfer to a new address is charged according to tariffs from the price list.

3.2.5 Due to the fact that the addressee is not reached at the designated place, the goods can be repeatedly delivered. If the repeated delivery of the goods was caused by incorrect or incomplete information in the contacts to the recipient by the Buyer, the Seller shall be entitled to a repeated delivery fee equal to twice the normal delivery fee. Repeated delivery of the goods will be made in the shortest delivery time after payment of the fee or on the notice

Shipping time

4.1 Delivery of goods: in Prague

4.1.1 Delivery of goods in Prague: Delivery of goods is performed by the carrier on the day of payment of the order, if the order is paid or otherwise agreed with the seller before 12.00 or the next working day in case of payment or other agreement with the seller after 12.00. If the goods are ordered in advance, the transport time is equal to the time period according to the selected tariff within the given time period, which was set by the buyer when ordering.

4.1.2 The consignee must be present at the place of delivery of the goods during the transport period, for a period of 1.5 hours within the given time period ordered by the buyer in the order.

4.1.3 The delivery of goods cannot be made exactly for minutes, so the time zones are listed above.

4.1.4 Delivery is from 9:00 am to 5:00 pm, other times upon agreement with surcharge

4.2 Delivery of goods: Prague-West and Prague-East

4.2.1 Delivery of goods is performed by the carrier within the transport period from 10:00 to 16:00.

4.2.2 The consignee must be present at the place of delivery of the goods ordered by the buyer in the order during the transport period.

4.3. Basic tariff for delivery in Prague 1, 2, 3, 5 (Jinonice, Stodůlky, Zličín), 6 (Dejvice, Bubeneč) – 150 CZK, other parts of Prague – 200-250 CZK, surcharge for delivery outside the specified time, Saturday and Sunday – 150 CZK or according to agreement with the seller

Payment order

5.1 In case of personal collection of goods in the shop, the order can be paid: in the shop in cash or by credit card or in the case of electronic order by bank transfer, credit card , by means of PayPal

5.2 In the case of collection by delivery of goods by sending to the recipient, the order can be paid: in cash or by credit card or in the case of electronic order by credit card on-line, by PayPal,

5.3 We accept the following payment cards for payments in the Partner’s shop: VISA, VISA ELECTRON, MASTER CARD, MAESTRO, DINERS CLUB.

5.4 We accept from payment cards for PayPal payments: VISA, VISA ELECTRON, MASTER CARD, MAESTRO.

5.5 Payment by bank transfer can only be made after prior personal or telephone agreement (tel. +420 776 770 350). The order will be processed after receiving payment to the account

provided by the seller.

5.6 Payment by bank transfer in euro or US dollars can only be made by prior personal or telephone agreement (tel. +420 776 770 350). The order will be processed after receiving payment to the account. When paying to a foreign currency account, an incoming payment fee is added to the order value. The amount of the fee will be communicated based on the total value of the order.

5.7 Processing of the order will start only after receipt of the payment, with the exception of cash on delivery or personal collection at the establishment.

5.8 The total price of the order consists of the price of the goods and the price of transport.

5.9 The price for the goods is governed by the Seller’s price list valid on the day of the order. Depending on seasonality, current prices are always listed and can be changed at any time during the year.

Our billing information:

Pink Petals s.r.o.

Company ID No .: 07159986, registered office at Rooseveltova 892/49, 160 00 Prague 6, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, file number C 295738.

Handover of goods and complaints

6.1 The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, pursuant to Section 2161 (1) of the Civil Code, the seller is liable to the buyer that:

the item has properties agreed by the parties and, in the absence of an agreement, those characteristics which the seller or manufacturer has described or which the buyer expected with regard to the nature of the goods and the advertising they carry out,

the item is suitable for the purpose stated by the seller for its use or for which the item of this kind is usually used,

the object corresponds to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model,

1. d) the thing complies with the legal requirements.

6.2 The Buyer or the consignee (ie a natural or legal person to whom the Seller sends the goods to the designated place according to the Buyer’s order) accepts the goods by his / her signature on the proof of delivery or delivery note. . In the event that the goods are damaged (eg broken flowers), the buyer is obliged to notify the seller of the damage at tel. +420 607 817 716 or email [email protected], without undue delay after having had the opportunity review the goods. Later claims will not be considered.

In case of demonstrable damage to the goods, the buyer has the right to exchange them, a discount on the price of the goods or is entitled to withdraw from the contract. However, the seller is not liable for damage to goods caused by the buyer and / or the recipient, eg by mechanical damage resulting from careless handling or neglect of at least basic care of the goods.

6.3 The Seller shall not be liable for incorrect contact details of the recipient or for the fact that the recipient was not found at the place specified in the order for any reason during the transport period.

Canceling an order

7.1 The buyer can cancel the order only in writing in the form of an e-mail sent to: [email protected]. Orders can be canceled only up to 24 hours before the date of delivery of the ordered goods to the recipient. Cancel charge of funeral and wedding orders is 50% of the price of the ordered goods. Due to the fact that the subject of the purchase contract are flowers, as perishable goods, after the delivery of the order can not be canceled even from the concluded purchase contract except in accordance with paragraph 6.2 above.

Replacement of flowers

8.1 Due to the seasonality of flowers and direct dependence on the import of flowers from abroad, the seller reserves the right to confuse the type or color of flowers up to 25% of the photo on the website of the online store.

8.2 In the event of a substitution greater than 25%, the Seller shall immediately contact the Buyer and further action shall be agreed.

Final arrangements and protection of personal data

9.1 The Seller undertakes to keep all information regarding the goods and the destination safe from unauthorized persons. This obligation also applies to the recipient of the order.

9.2 The Seller undertakes to respect and protect the personal data of the Buyer and the Recipient in accordance with Act No. 101/2002 Coll., On Personal Data Protection, as amended. The provided personal data will be processed and safely stored in the Seller’s secure information system. The Seller has the right to verify the personal data provided by available means in terms of truthfulness and possible intention that is contrary to the Czech legal order or whether the personal data was not provided by a person or entity to whom the information about personal data does not belong. The Seller will use the provided and collected personal data only for the successful execution of the order, delivery of the goods and possible claim.

9.3 The Buyer acknowledges that the processing of personal data specified in the order by the Seller and the transfer of such personal data to the carrier for the purpose of delivery of the consignment is necessary for the proper performance of the contract between the Seller and the Buyer. Personal data is used only for the realization of rights and obligations under the purchase contract, for the fulfillment of the seller’s obligations under legal regulations and, to an adequate extent, for sending information e-mails for the purpose of offering products and services of the seller.

9.4 The Buyer declares that it has the consignee’s consent to the provision of his personal data to the seller for the purpose of ordering the goods to be delivered to the consignee. The Buyer shall be liable to the Seller for damage caused by the inaccuracy of this declaration.

9.5 The Buyer has the right to ask the Seller for information on how their personal data are handled and the Seller is obliged to respond to this request. The Buyer has the right to change his personal data at any time in his customer account on the web interface or ask the Seller to make this change.

9.6 The Buyer has the right to information on whether and what personal data the Seller processes, further to modify or delete his personal data provided to the Seller, unless the need for such data is no longer justified by the realization of rights and obligations under the Purchase Agreement or from legal regulations. The request for information on processing and deletion must be sent in writing to Harrington Partners, sro, Rooseveltova 892/9, 16000 Praha 6, or by e-mail to [email protected] and the seller undertakes within 14 days of receiving the request delete the buyer information or make the necessary adjustments to restore the faultless condition. The Buyer has the right to file a complaint with the Supervisory Authority, ie the Office for Personal Data Protection, if the Seller fails to comply with the above obligations.

9.7 All legal relations arising between the Seller and the Buyer shall be governed by the Czech law. In matters not regulated by another contract or these Terms and Conditions, the relevant provisions of the Civil Code shall apply. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: http://www.coi.cz

9.8 The Terms and Conditions shall take precedence over a possibly different declaration by persons acting on behalf of the Seller, unless such different declaration is made in writing and signed by a person authorized to act on behalf of the Seller within the meaning of applicable law.

9.9 The Seller is entitled to unilaterally change these Terms and Conditions at any time. In the event of a change in the Terms and Conditions, these changes shall take effect immediately upon their publication on the Seller’s website. Changes do not affect orders already made.

9.10 By placing an order, the buyer expresses his consent with these terms and conditions.

Copyright

10.1 We would like to inform you that the photographs placed on this website are protected by copyright of Pink Petals s.r.o., Company ID No .: 07159986, registered office at Rooseveltova 892/49, 160 00 Prague 6, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, file number C 295738. . Unauthorized use of the photographs on this website will result in an unlawful infringement of the copyright of this company. In such a case, the company shall take all legal steps in accordance with the relevant provisions of No. 121/2000 Coll., Copyright Act, as amended, to prevent any unlawful interference with its rights, to compensate the damage incurred, including lost profits and to provide reasonable satisfaction in cash. Unauthorized infringement of copyright will also expose you to the risk of criminal prosecution for committing a crime according to the relevant provisions of Act No. 40/2009 Coll., The Criminal Code, as amended.

For Pink Petals s.r.o.

Kirill Gorbunov, Managing Director

Pink Petals

+420776770350  (also WhatsApp)

[email protected]

Rooseveltova 892/49, 160 00 Prague 6, Czech Republic

Terms of service

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