Terms and conditions of use

1. Definitions

1.1. The Seller – „Flowerswave“ B.V., private legal entity, registered in the Register of Legal Entities of “KVK”of the Republic of Netherland, legal entity code 813806057, VAT payer code NL813806057B01, registered office address GOLFSTROOM 00017 2221XM KATWIJK ZH, Netherland.

1.2. flowerauctions.net– e-shop at flowerauctions.net.

1.3. The Buyer - 1) a physical person of legal capacity, i.e., a person who has attained the age of eighteen and above and whose capacity has not been restricted by court order; 2) a minor aged between fourteen and eighteen years who has the consent of his or her parents or legal guardians, except where the minor has the right to dispose of his/her income on his/her own initiative; 3) a legal person; 4) the duly authorized representatives of any of the persons mentioned above.

1.4. The Parties – the Buyer and the Seller together.

1.5. The Seller's Partner – a legal entity: 1) selling goods or providing services to flowerauctions.net, as well as a legal entity used to fulfil the Buyer's order; 2) with whom joint promotions or projects are carried out on flowerauctions.net, on the web pages of this legal entity, or on any media, in which flowerauctions.net and this legal entity's promotion or project is to be described or published.

 

1.6. Personal Data – any information relating to a physical person - a subject of data, whose identity is known or can be established, directly or indirectly, by reference to data such as: personal identification code, one or more physical, physiological, psychological, economic, cultural, or social characteristics, specific to the person.

 

1.7 The Rules means these "Rules for Buying and Selling Goods at flowerauctions.net".

1.8 The Account – the result of the Buyer's registration on flowerauctions.net, which results the creation of an account that stores Buyer’s personal data and order history.

1.9. Privacy Policy - a document approved by the Seller, which provides the basic rules for the collection, processing and storage of Personal Data when using flowerauctions.net.

2. General Provisions

2.1 The Buyer confirms the Rules by reading them and by ticking the box next to the statement "I have read and agreed to the "Rules for Buying and Selling Goods at flowerauctions.net". The Rules approved in this way shall be a binding legal document for the Parties, setting out the rights and obligations of the Buyer and the Seller, the conditions for the purchase of the goods and payment for them, the procedure for the delivery and return of the goods, the liability of the Parties, and other conditions relating to the purchase and sale of goods at flowerauctions.net.

2.2 Only Buyers as defined in Clause 1.3 of the Rules shall be entitled to purchase at flowerauctions.net. By accepting the Rules and reading the Privacy Policy (Section 3 of the Rules), the Buyer confirms that he/she is entitled to purchase the goods at flowerauctions.net.

2.3 In case of necessity or in the circumstances provided for by the legislation of the Republic of Lithuania, the Seller shall have the right to change, amend or supplement the Rules. The Buyer shall be informed of changes to the Rules on flowerauctions.net website. When the Buyer shops at flowerauctions.net, the Rules in force at the time of placing the order shall apply.

2.4 If the Seller has the right or obligation to provide the Buyer with information or documents by e-mail, it is in all cases the Buyer's responsibility to provide the Seller with a valid e-mail address belonging to the Buyer.

  1. Privacy Policy

3.1 The Personal Data Processing Policy governs the basic principles and procedures for the processing of Personal Data of flowerauctions.net visitors. Personal Data is collected, processed and stored automatically, for legitimate purposes, when the data subject gives consent, i.e., agrees to be bound by the Rules posted on the flowerauctions.net website, in accordance with the procedure set out in Clause 2.1 of the Rules. The consent is valid indefinitely until the person withdraws his/her consent notifying it by the following email address: [[email protected]].

3.2 When processing the Personal Data, the Seller shall comply with the General Data Protection Regulation 2016/679 of the European Parliament and of the Council, the Law on Legal Protection of Personal Data of the Republic of Lithuania, the Law on Electronic Communications of the Republic of Lithuania, and the requirements of any other relevant legal acts.

3.3 By purchasing at flowerauctions.net or registering an Account, the Buyer grants the Seller the right to carry out all processing of Personal Data within the scope and for the purposes set out in this Privacy Policy.

3.4. The Seller shall only collect data that the Buyer has voluntarily submitted on flowerauctions.net. By providing the Seller with his/her personal data, the Buyer agrees that the Seller will manage and process them for the purposes, means and in accordance with the procedure provided for in this Privacy Policy and in the legislation. By using the services provided by flowerauctions.net, the Buyer confirms:

3.4.1. that the Buyer is aware that he/she has the right to refuse to provide personal data, but understands that such data is necessary to uniquely identify the Buyer for the purposes of online trading and to provide a quality service. Failure to provide personal data or to consent to the processing of personal data for the purposes of online trading will prevent the Seller from concluding the contract;

3.4.2. the Buyer agrees to provide the Seller with his/her personal data referred to in these Rules and does not object to the processing of such data by the Seller for the purposes of online trading;

3.4.3. that the Buyer has been informed of his/her right to have access to his/her personal data processed by the Seller, or to suspend the processing of his/her personal data where the processing is not in accordance with the provisions of the law, or not to consent the processing of his/her personal data for any of the purposes.

3.5 The Seller seeks to protect the privacy of the Buyer and respects the rights of the Buyer. The Buyer's personal data (name, surname, age, address, telephone number, e-mail address and other information provided in the registration form at flowerauctions.net) is collected and processed for the following purposes:

3.5.1. to process the Buyer's orders;

3.5.2. to issue financial documents (e. g. invoices);

3.5.3. to resolve delivery problems;

3.5.4. to fulfil other contractual obligations.

3.6 The Buyer must provide full, complete and correct information about himself/herself in the registration form. If a person provides inaccurate, false or misleading data in the registration form, the Seller is entitled to cancel the registration of such person and delete the data or restrict the person's access to flowerauctions.net.

3.7 The Buyer has the right to change and/or update the information provided in the registration form at any time by notifying the Seller by e-mail [[email protected]].

3.8. Personal data shall be stored for no longer than it is required for the purposes for which the data was processed.

3.9 All information about personal data processed is confidential.

3.10. The Seller ensures that the Buyer's data will not be passed on to third parties other than the partners whose services are used by the Seller to fulfil the Buyer's order.

3.11. The Buyer has the right to:

3.11.1. to receive information about the processing of the Buyer's personal data;

3.11.2. to request the rectification of incorrect, incomplete or inaccurate personal data of the Buyer;

3.11.3. to object to the processing of the Buyer's personal data for direct marketing purposes.

3.12. Cookies

3.12.1. A cookie is a small piece of data that a website places on a person's computer, mobile device or other device’s browser. The next time you visit the website, this file can be read so that the website can recognize your computer, mobile or other device.

3.12.2. flowerauctions.netwebsite commonly uses:

3.12.2.1. Technical cookies. Technical cookies are used to ensure the functionality of the flowerauctions.net website, to create a user account, to log in and to process orders. These technical cookies are essential for the proper functioning of the website;

3.12.2.2. Analytical cookies. These cookies are used to obtain knowledge and data about how visitors use the Seller's website, thus making it is possible to optimize and improve the website, to understand the effectiveness of advertisements and communications. These cookies can be used to collect data about the web pages viewed by visitors, from which the visitor came. This also means that the Seller acquires the ability to use information about the visitor of the website and the way he/she use the website, such as the frequency of visits, the number of clicks on a particular page, the search terms used, etc.

3.12.3. Cookies can only be used if the visitor has given their consent.

3.12.4 Consent to the use of cookies can be obtained in the following ways: browser settings, information bar on the website, pop-ups, registration on the website. By visiting flowerauctions.net, the visitor can choose whether he/she wants to use cookies. Cookies can be managed and/or deleted according to your preferences. In "Internet Explorer”, “Safari”, “Firefox”, “Chrome” or other browser settings it is possible to choose which cookies to accept and which to reject. Most browsers allow you to check what cookies are stored. It is allowed to delete individual cookies, block third-party cookies, block cookies from specific websites, block the sending of all cookies, and delete all cookies when you close the browser.

3.12.5 If a website visitor does not consent to the placement of cookies on his/her computer or other device, he/she may withdraw his/her consent to the use of cookies at any time by changing his/her settings and deleting the cookies that have been placed on his/her computer or device. If you block cookies completely, many websites (including flowerauctions.net) may not function properly.

3.13.The Seller reserves its right to amend the Privacy Policy in part or in full by notifying about it in the flowerauctions.netwebsite. Continued use of the flowerauctions.netwebsite constitutes acceptance of the Privacy Policy. All disagreements and disputes arising shall be settled by negotiation. In case of failure to reach an agreement, disputes shall be settled in accordance with the laws of the Republic of Lithuania. If the Buyer continues to use the services provided by flowerauctions.netwebsite after the Privacy Policy has been updated or changed, the Buyer shall be deemed to have accepted the updates.

3.14.IP Addresses. An IP address is a number that identifies a computer or other device used to connect to the internet. In most cases, the server automatically collects IP addresses and uses them to administer the website. IP addresses are usually used in conjunction with cookies to remember the computer or other devices used to access this website. flowerauctions.net uses IP addresses together with cookies.

  1. Ordering the Goods, the Moment When the Legal Relationship of Sale and Purchase is Established

4.1. flowerauctions.netis available to the Buyer 24 hours a day, 7 days a week.

4.2 The Buyer may order goods on flowerauctions.netby choosing one of the following methods:

4.2.1. online, by registering on flowerauctions.net (by entering your registration name and password);

4.2.2. online, without registering on flowerauctions.net;

4.2.3. by telephone provided by the Seller.

4.3. When ordering goods by one of the methods specified in Clauses 4.2.1-4.2.2 of the Rules, the Buyer must specify his/her Personal Data necessary for the proper execution of the order in the relevant information fields provided by the Seller.

4.4 The provisions of the Rules and the Privacy Policy shall apply to Buyers who place an order by telephone or at pick-up points. By placing an order by telephone or at a pick-up point, the Buyer accepts the terms and conditions of the Rules.

4.5 When the Buyer, having selected the goods or services to be purchased and having formed a shopping cart, has completed all the steps of the order, the last of which is the selection and confirmation of the method of payment, it shall be deemed that a legal relationship of sale and purchase has been established and a contract of sale and purchase has been entered into between the Seller and the Buyer. The Seller shall send a link to the Buyer to the applicable Rules together with the order confirmation to the e-mail address provided by the Buyer.

4.6 If the Buyer notices an error in the order or wishes to cancel the order, the Buyer must immediately contact the Seller by e-mail: [[email protected]].

4.7 The prices of the goods on flowerauctions.net and in the order placed shall be quoted in euros, including VAT. The Seller reserves its right to change the prices of the goods in the event of changes in tax rates.

  1. Buyer's Rights and Obligations

5.1 Rights of the Buyer:

5.1.1 The Buyer shall have the right to purchase goods and order services in accordance with the Rules of flowerauctions.net. When ordering goods offered by the Seller's partners marked as "Partner's Goods" or services provided by the Seller's partners, the Buyer may be subject to the terms and conditions of the Seller's partners;

5.1.2 The Buyer has the right to cancel an order in accordance with the procedure set out in these Rules;

5.1.3. the Buyer has the right to withdraw from the contract of sale in accordance with the procedure set out in these Conditions;

5.1.4. the Buyer shall have the right to exchange or return the purchased goods in accordance with the procedure set out in these Rules;

5.1.5. the Buyer shall have other rights provided for in these Rules, the Privacy Policy and the legislation of the Republic of Lithuania.

5.2 Obligations of the Buyer:

5.2.1. When using flowerauctions.netthe Buyer must fulfil his/her obligations, comply with these Rules, the Privacy Policy, other terms and conditions expressly set out by flowerauctions.net, and not to violate the legislation of the Republic of Lithuania;

5.2.2 The Buyer shall pay for the ordered goods or services and accept them in accordance with these Rules. If the Buyer chooses to collect the goods from the designated shop, the Buyer must collect the goods within the time limits set out in the Rules;

5.2.3. If the data provided by the Buyer in the registration form changes, the Buyer must update it without delay;

5.2.4 The Buyer is committed not to pass on his/her login data to third parties. If the Buyer loses his/her login details, he/she must immediately inform the Seller by the means of contact specified by flowerauctions.net.

  1. Seller's Rights and Obligations

6.1 Seller's Rights:

6.1.1. The Seller has the right to change, suspend or discontinue some or part of the functions of the flowerauctions.netwebsite, as well as to change the layout of the elements on the flowerauctions.netwebsite;

6.1.2. the Seller has the right to suspend or terminate flowerauctions.netactivity. In such case, all accepted and confirmed orders of the Buyer shall be completed and no new orders shall be accepted;

6.1.3. the Seller has the right to change the scope or manner of provision of the services provided by flowerauctions.net, to suspend, interrupt or discontinue the provision of the services or any part of them, to charge for the Services or a part of them;

6.1.4. If the Buyer attempts to undermine the stability or security of flowerauctions.netor fails to comply with his/her obligations, the Seller has the right to immediately and without prior notice restrict or suspend the Buyer's ability to use flowerauctions.net, or, in exceptional cases, to terminate the Buyer's Account and inform the law enforcement authorities of the Republic of Lithuania;

6.1.5 The Seller has the right to cancel the Buyer's order without prior notice, if the Buyer, having chosen the payment methods provided for in Clauses 7.1.1 or 7.1.2 of the Rules, fails to pay for the goods within 3 (three) working days. Also, the Seller shall have the right to cancel the order if the Buyer does not collect the goods from the “Flowerswave” B.V. shop within 3 (three) calendar days after being informed that the order is ready for collection;

6.1.6. the Seller shall have the right in all cases not to enter into a contract of sale with a particular Buyer who has placed an order, including but not limited to the cases where the Buyer has refused the contract of sale and has returned the goods on 2 (two) or more occasions within the last 12 months;

6.1.7. the Seller shall have the right to withdraw from the contract if the stock of the goods specified in the contract has run out, or if the contract has been entered into by a person who was not entitled to enter into the contract under these Rules;

6.1.8. the Seller shall have other rights provided for in these Rules, the Privacy Policy, other flowerauctions.netdocuments and the legislation of the Republic of Lithuania.

6.2 Obligations of the Seller:

6.2.1 The Seller is committed to make the services provided by flowerauctions.netavailable to the Buyer on the terms and conditions set out in these Rules and other flowerauctions.netdocuments;

6.2.2. the Seller is committed to provide the Buyer with clear and comprehensible information on the flowerauctions.netwebsite, as set out in Article 6.2287 of the Civil Code of the Republic of Lithuania;

6.2.3. the Seller is committed to respect the Buyer's privacy and to process the Buyer's Personal Data only in accordance with the procedures set out in the Rules, the Privacy Policy, and the legislation of the Republic of Lithuania.

6.2.4 The Seller is committed to inform the Buyer prior to the order placement of the suspension or termination of flowerauctions.netfunctions relevant for the order execution, as well as the changes referred to in Clauses 6.1.2 to 6.1.3 of the Rules. The provision of information on flowerauctions.netshall be deemed to be adequate notification;

6.2.5. Subject to the terms and conditions set out in the Rules, the Seller undertakes to deliver to the Buyer the goods ordered by the Buyer and to accept the goods returned by the Buyer;

6.2.6 If the Seller is unable to submit to the Buyer the ordered goods due to important circumstances, the Seller is committed to offer the Buyer an analogous or, as much as possible, similar product. If the Buyer refuses to accept the goods offered as analogous or similar, the Seller undertakes to refund the Buyer the money paid within 14 (fourteen) working days in the case of prepayment and, in any case, to cancel the order;

6.2.7. the Seller is committed to fulfil other obligations imposed on the Seller by the Rules, the Privacy Policy and the legislation of the Republic of Lithuania.

  1. Prices of the Goods, Payment Terms and Procedures

7.1 The Buyer may pay for the goods ordered in one of the following ways:

7.1.1. by electronic banking;

7.1.2. by bank transfer;

7.1.3. in cash when collecting the goods from the „Flowerswave“ B.V. shop.

7.2 When the Seller receives payment for the goods, the order is confirmed and the delivery period begins.

7.3 By accepting the Rules, the Buyer agrees that the documents of purchase of the goods, i.e., the VAT invoices, which are also the warranty vouchers for the goods, shall be provided to the Buyer electronically to the e-mail address specified in the Buyer's registration form at the latest by the time of the transfer of the goods to the Buyer. The VAT invoices shall specify the goods selected, their quantity, the final price of the goods, including all taxes, and any other information required to be provided in order to comply with the governing accounting legislation.

7.4 The Seller reserves its right to change any information about the goods and other terms and conditions of the shop at any time without notice to the Buyer, including but not limited to the right to change the list of goods in the shop, the descriptions of the goods, the prices of the goods and the prices for the delivery of the goods, and any other essential conditions. The price of the goods may not change after the Seller has confirmed the order, unless the price of the goods has changed as a result of a technical error in the information systems, the correction of apparent (obviously made by mistake) errors or other objective material reasons beyond the Seller's control (subject to proof of such reasons). If in such case the Buyer does not agree to purchase the product at the new price, the Buyer may cancel the order by informing the Seller within 2 (two) working days. In the event of order cancellation in accordance with the procedure set out herein, the Buyer shall receive a full refund of all sums paid by him/her.