INTERNET PORTAL OPERATOR
Business name : Mersi Flowers s.r.o.
File No.: C 376388/MSPH Municipal Court in Prague
Date of registration: 24 November 2022
Registered office: Volutová 2523/14, Stodůlky, 158 00 Praha
1) Acceptance and processing of the order, purchase contract
The Buyer's order is a proposal of the purchase contract and the purchase contract itself is concluded at the moment of delivery of the Buyer's and Seller's binding consent to this proposal (binding confirmation of the order by the Seller). From this moment, mutual rights and obligations arise between the buyer and the seller.
By concluding the Purchase Agreement, the Buyer confirms that he/she has read these Terms and Conditions, including the Complaints Policy, and that he/she agrees to them. The Buyer shall be notified of these terms and conditions and the Complaints Procedure sufficiently in advance of the actual execution of the order and shall have the opportunity to familiarise himself with them.
The Seller reserves the right to cancel the order or part of it before the conclusion of the purchase contract in the following cases: the goods are no longer manufactured or delivered or the price of the goods delivered has changed significantly. In the event that this situation arises, the Seller will immediately contact the Buyer to agree on a further course of action. In the event that the Buyer has already paid part or all of the purchase price, this amount will be transferred back to the Buyer's account and the Purchase Contract will not be concluded.
All orders received by this shop are binding. An order can be cancelled before it is shipped. In the event that the order is not cancelled prior to dispatch, and is dispatched, the Customer may be required to reimburse the costs associated with the dispatch of the goods. You are automatically informed of the acceptance of your order by e-mail.
If you cancel your order within 12 hours, we consider the order cancelled. Cancellation can be sent by e-mail or made by phone. When cancelling an order, you must provide your name, e-mail and order number.
Due to the seasonality of flowers and the direct dependence on the importation of flowers from abroad, the seller reserves the right to substitute the type or colour of the flower to a maximum of 25% compared to the photograph on the website.
In the event of a necessary substitution of more than 25%, the Seller will contact the Buyer immediately and a further procedure will be agreed.
2) Types of transport
The order can be picked up in person within 2 hours at the earliest. Always wait for the instruction of the staff. Orders can be picked up "business hours", outside of these hours by appointment.
DELIVERY IN PRAGUE
The delivery fee for Prague is 150 CZK for orders up to 2000 CZK.
Prague delivery for orders over 2000 CZK free of charge
The supplier is also the carrier. The goods are delivered to the agreed place and delivered to the recipient within the delivery time ordered by the buyer. Information about the place, recipient and delivery time is given to the carrier by the seller on the basis of the buyer's order. It is always necessary for the Buyer to check carefully the correctness of the address, telephone numbers and other specifications that affect the correctness and speed of delivery of the goods.
The consignee must be present at the agreed location within the delivery period. If the consignee is not present, the carrier may, against written confirmation, deliver the goods to another person who is at the agreed place. This does not apply if the buyer has agreed in writing in the order that the goods must be handed over to the consignee. The carrier is not obliged to check the identity of the recipient.
In the event that the recipient refuses to accept the goods or that the goods cannot be delivered, in particular due to an inaccurate or non-existent address, the absence of the recipient or any other authorised person to whom the goods could be handed over at the place of delivery in accordance with these terms and conditions, the carrier shall immediately inform the buyer or seller and await further instructions. The cost of complying with further instructions shall be borne by the buyer. If further instructions are not communicated to the carrier within 10 minutes or if it is not possible to comply with such instructions, the carrier shall transport the goods back to the seller. The carrier's obligation to deliver the goods is thus discharged by the return of the goods to the seller. The return of the goods to the seller or the transfer to a new address is charged according to the tariffs in the price list.
Re-delivery of the goods may be made due to failure to reach the addressee at the designated place. If the re-delivery of the goods was caused by incorrect or incomplete information in the recipient's contacts on the part of the buyer, the seller is entitled to a re-delivery fee of twice the normal delivery fee. Re-delivery of the goods will be made at the earliest delivery time after payment of the fee, or at a notified time when the recipient is at the address in question. The fee can be paid in person at one of the locations or by online payment. In the event of non-payment of the fee by the buyer, the shipment is considered to have been processed, even if the goods have not been received by the recipient.
3) Warranty and Claims
The recipient accepts the goods with his signature and at the same time confirms that he has received the goods in good condition. If the goods are damaged (e.g. broken flowers), the recipient is obliged to notify the seller of the damage before taking delivery of the goods by calling the telephone number on the website or by e-mail: email@example.com without undue delay after having had the opportunity to inspect the goods. Complaints are accepted within 24 hours. Later complaints will not be taken into account.
In case of proven damage to the goods, the buyer is entitled to a replacement, a discount on the price of the goods or to withdraw from the contract. However, the seller is not liable for damage to the goods caused by the recipient.
4) Delivery and delivery conditions
Some shipments may be split into multiple packages. Postage costs remain unchanged.
Methods of payment
All methods of payment, can be selected before selecting shipping.
Prepayment - when you select this option, you will receive a prepayment slip with all payment details. We will ship the goods after receiving payment to your bank account or after sending a screen print to firstname.lastname@example.org.
Personal collection - pay in cash upon personal collection.
You do not have to worry about misuse when paying with credit cards. We use a proven payment gateway with the 3-D secure protocol, supported by card associations.
All internal information (passwords, names, transactions) is encrypted. We do not encrypt general information (information about individual items) to increase speed.
The terms and conditions are valid from 1.12.2022 until further notice.
Information for buyers: in the event of a change in the terms and conditions, the terms and conditions that were in force on the date of purchase are valid.
5) Electronic communication
Exclusion of liability
The information contained in an e-mail or in its attachments is confidential and is intended solely for the use of the addressee. The text or attachments may contain classified information, information deemed to be a trade secret or other information subject to protection under applicable law. If you are not the intended recipient, you are not permitted to use, distribute, copy or publish this email. In this case, please uninstall the email and copies of the email from your system. The sender of the e-mail or the Internet shop cool-flowers.cz (hereinafter referred to as the "Internet shop") shall not be liable for any damage, defect or any other pecuniary or non-pecuniary damage caused in particular, but not exclusively, by modifications or delays in the transmission of the e-mail.
In the event that e-mail is part of a business transaction, the Internet shop reserves the following rights:
1. Any contract or amendment thereto is concluded solely and exclusively under the cumulative fulfilment of the following conditions:
(a) An agreement has been reached on all the elements of the contract (in particular, the conclusion of any contract without agreement on all the elements is excluded, taking into account the subsequent conduct of the parties)
(b) the contract must be concluded exclusively in writing
c) The contract must be signed by authorised persons on the part of the Online Shop
2. The Internet Shop shall proceed with the conclusion of the contract in accordance with its internal regulations and articles of association, provided that the contract must be agreed or approved on behalf of the Internet Shop by the relevant senior employees or, where applicable, by the corporate bodies, and therefore it may happen that, even if the representatives of the parties negotiate the individual contents of the contract between themselves, the competent persons of the Internet Shop do not agree to the proposed wording of the contract and the Internet Shop shall terminate the contract negotiations for this fair reason.
3. The Internet shop expressly reserves the right to terminate the contract negotiations at any time, even without just cause.
4. The sender of the e-mail hereby informs that he/she is not entitled to enter into any contract on behalf of the Internet Shop, except where the Internet Shop has been authorised or authorised in writing to do so and such authorisation or authorisation has been presented to the addressee of the e-mail or to the person represented by the addressee.
5. In the event that the business transaction contains an offer and if the sender of the email is authorised to enter into a contract on behalf of the Internet Shop on the basis of the above, the addressee of the offer is authorised to accept the offer without delay. However, the sender of the e-mail (offer) excludes the acceptance of the offer by the addressee (offer recipient) with an addition or deviation. A reply with an addition or deviation that does not substantially change the terms of the offer is expressly excluded by the Internet shop. Internetovy obchod further reserves the right that the offer by Internetovy obchod may be accepted by Internetovy obchod even within the time limit set for its acceptance.
6. In all contractual arrangements, Internetovy obchod does not assume the risk of change of circumstances.