TERMS AND CONDITIONS
Beatrice Flower House deliveries are made exclusively on the basis of these General Terms and Conditions. These Terms and Conditions apply to all legal transactions between Beatrice Flower House and the users of the site. By using the Internet service, in particular by clicking on the agreement button, the user accepts the present Terms and Conditions (TC). Other terms and conditions apply only when Beatrice Flower House has provided them explicitly and in writing.
2. Contract partner
The purchase contract partner:
UAB Noras group
V. Grybo str. 17 – 129, Vilnius, Lithuania
Company code 301846337
VAT number LT100005868818
Doing business name – Beatrice Flower House
(in the following “BFH”)
3. Offer and conclusion of contract
The display of products in the online shop, as well as information on products in the online shop, as well as in catalogues, brochures, other sales materials and on any other usual sites does not represent a legally binding offer but an invitation to order. Errors excepted. There may be (minor, reasonable) deviations between product images and delivered products, for example, a change in the appearance and/or in the equipment of an item. The presentation of products also represents no binding offer.
By clicking the “Order” button in the last step of the ordering process, you are placing a binding order for the goods in the shopping cart. When you place an order with BFH we will send you an email to confirm your order with us giving all the details (order confirmation). This order confirmation does not represent an acceptance of your offer, it is meant to inform you that we have received your order.
A purchase order only comes about when we have sent the ordered product and confirmed the dispatch to you with a second email (completion confirmation). No purchase order comes about for products from one single order which are not listed in the contract confirmation.
4. Returns & Exchanges
The returns and exchange guarantee doesn’t apply to goods BFH sell because they are custom made for the customer.
5. Prices and shipping costs
The prices of all products in BFH site includes the legal VAT. Price does not include shipping costs that will be specified in the order (checkout) page. If customer delivery address is within the European Union 21% VAT is included in the total price. Total prices for all other destinations outside the European Union we ship do not include VAT.
6. Delivery, dispatch
Delivery is executed by DPD, DHL or the National Lithuanian Post.
Partial deliveries are allowed.
The recipient accepting the shipment must specify his/her name and surname and sign the scanner (on paper proof of delivery, shipment delivery date and time have to be indicated and the signature affixed).
The shipment shall be deemed to have been delivered with signature upon receipt to the designated recipient and the additional services specified in the scanner or paper proof of delivery provided, when the recipient or their representative have accepted the shipment and confirmed this by their signature.
Delivery dates specified by BFH are not binding.
No delivery to P.O. boxes.
In the event of force majeure the contractual obligations of both parties are suspended. Force majeure also includes labor disputes in their own or other companies, transport delays, machinery breakdown, product-related failures on the side of BFH, sovereign measures and other circumstances relating to neither of the parties.
The recipient is obliged to accept the delivered products, even if those items show minor shortcomings. When accepting the shipment, with the participation of the courier, the recipient shall examine the parcels of the shipment. Should any damage to the packaging of the parcels be noted, the recipient must note this in the proof of parcel delivery and together will the courier witness the act of parcel damages (inspection) made available by the courier.
BFH shall not assume any liability for damage to the shipment or any part thereof, if at the time of delivering it to the recipient this had not been noted in the scanner or the act of parcel damages (inspection) had not been drawn up with the participation of the courier who delivered the shipment.
The maximum period for the dispatch of goods is 30 days after the signing of the contract. If BFH is unable through no fault of its own to dispatch the ordered goods (for example, if a supplier has not fulfilled its contractual obligations), BFH is entitled to cancel the user’s contract.
It is the customer’s responsibility to ensure that the item can be legally imported into the destination country. Regulations may prohibit importation of items made with exotic materials. Please note that the customer is responsible for any delayed caused by customs processing.
The risk passes to the customer as soon as the goods are delivered to the customer or to a third party named by them.
If a delivery to the user is not possible for a reason that is of their making (for example, because they were not present at the delivery address at the time of delivery), they shall bear the costs of the unsuccessful delivery.
7. Delivery to remote locations
A remote area is defined as a place that is not close to any larger city or any other point, where local depots of courier companies are located. This makes the area difficult to reach. These locations are usually islands, ski resorts, suburbs, small towns, places that are neither highly populated, nor easy to access and far from a shipper’s hub. These locations are generally considered remote areas by most courier companies. If user know that delivery address is in remote area he should contact us before placing the order.
Additional cost for delivery to remote area may occur. If this happens – we will inform you before dispatching your order and will offer either cheaper delivery option (e.g. Post Office) or full money refund.
8. Delivery times
The production and dispatch of your BFH product(s) take up to 4-9 working days (but usually less). Shipment in Europe adds 1 – 7 days. Shipment outside Europe adds 5 – 30 days.
9. Customs and import charges
Any customs or import duties are charged once the parcel reaches its destination country. These charges must be paid by the recipient of the parcel. Unfortunately, we have no control over these charges, and cannot tell you what the cost would be, as customs policies and import duties vary widely from country to country. It might be a good idea to contact your local customs office for current charges before you order, so you are not surprised by charges you were not expecting. The customer is responsible for checking the possibility of importing the products ordered under the law of the territory of the country of delivery.
For payment you have the choice of:
advance payment (only for customers from European Union);
credit card via PayPal;
credit card on site via PayPal Braintree.
11. Reservation of property rights
The goods will remain our property until they have been fully paid for.
12. Complaints, warranty
The customer knows and accepts that products shipped from BFH are goods from artisan production and natural products that may have variations or deviations in their color and patterns. These variations or deviations are not cause for legitimate warranty claims.
BFH reserve the right to substitute any product with an alternate product of a similar style and equivalent (or greater) value and quality. There may be times that the recipient will receive products and one bloom and / or foliage has been replaced by a different flower and / or foliage. In the event of supply difficulties, BFH have to create product for customer using slightly different flowers and / or foliage from those pictured.
The statutory warranty provisions apply.
The customer is required to provide proof that the defect was present prior to the delivery of the goods. If a defect from the side of BFH was present at the time of delivery of the contractual object, BFH will remedy the situation by repair or replacement or refund.
Claims for the delivered products must be written directly to BFH and immediately upon receipt. The customer must keep the packaging and the delivery note.
In case of error on the product, the customer agrees to return the product or products concerned within 7 days of receipt to BFH without disassembly their packaging, in their original condition. Upon receipt of the product in due form, BFH will return, at its expense, the product initially ordered.
Any warranty claims on the side of the user beyond these rules are excluded. Also excluded are any further claims for compensation for damages not related to the contractual object itself. This shall not apply in cases of willful misconduct or gross negligence or the absence of guaranteed characteristics.
No warranty is provided in cases of inappropriate or improper use, handling or application.
Furthermore, there is no guarantee that the website will always be online. BFH is entitled to temporarily take the shop offline for maintenance.
Any further warranty claims by the user are excluded, in particular claims for compensation for damages not caused to the contractual object itself. This shall not apply in cases of willful misconduct or gross negligence or the absence of guaranteed characteristics.
13. Limitation of liability
As long as nothing else arises in the following, any further claims of the customer – indifferent for which legal reasons – are excluded. BFH is not liable for damages which are not to the item of delivery itself; in particular, BFH is not liable for lost profit or other financial losses of the customer. To the extent that the liability of BFH is excluded or limited, this applies also to the personal liability of employees, representatives and assistants.
Other and further claims by the customer against BFH, in particular for lost profits, lost savings, consequential damages, economic loss, loss of interest and damages from the claims of third parties and from the title of product liability, are excluded.
In particular, BFH is not liable for damage caused due to force majeure, labor disputes in our own and other companies, machinery breakdown, other production-related failures that are not the responsibility of BFH, sovereign measures, disruptions, interruptions or other defects of the direct or indirect network connection, for actions of third parties in the network subset, as well as other measures not taken by either of the parties or necessary and appropriate technical measures (for example, maintenance).
If BFH negligently breaches a fundamental contractual obligation, the liability to pay damages for material damages is limited to the value of the contract.
BFH is not liable should the website’s server fail. BFH is entitled to take the website’s shop offline for any necessary reasons (such as maintenance, security, capacity, making improvements, etc.).
The links offered on the website are carefully chosen, but no liability is accepted for the content of the sites available via any links.
14. Data protection
All data will be treated confidentially. The data required for business transactions will be automatically stored and only passed to other companies (delivery company, credit institution, payment processing companies) within the context of order processing and if necessary.
The user agrees that any data they provide may be stored and processed by BFH. This consent may be revoked by the user in writing, at any time.
15. Intellectual and property rights
All of the content featured or displayed on the site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by UAB Noras group. All elements of the site including, but not limited to, the general design and the content, are protected by copyright, moral rights and other laws relating to intellectual property rights.
Modifications, reproductions or any imitation or copy is forbidden.
All trademarks shown, in particular the BFH logo and company name, are protected by trademark law.
You are free to transmit our photos non-commercially under the following conditions: You must attribute the work to beatriceflowerhouse.com.
16. Alternative dispute resolution
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr .
17. Other matters
We reserve the right to refuse / terminate an order in case of an obviously fraudulent order placed or in case we think that the buyer is trying to harm our business, or violates the applicable law, we reserve the right to block the user from any future use and orders from our website.
Jurisdiction for all disputes arising from contracts with the user is with the appropriate court in Vilnius, Lithuania. BFH also has the option to sue the user in any other appropriate court.
Lithuanian Republic law applies, under exclusion of its reference provisions and the UN convention on the international sale of goods.
These Terms and Conditions are available in various different languages. In case of conflict between the English version of the Terms and Conditions and any of its official translations, the English version takes precedence.