Definitions
Order - an electronic document that serves as a form of communication between the Seller and the Holder, in which the Seller agrees to deliver the ordered products, and the Holder agrees to receive these products and make the payment for them.
Courier - any employee or contracted company providing courier services.
Recipient - an individual/legal person who will receive the products from the order.
Delivery interval - a time period set on the website during which the delivery is carried out.
Scheduled time - a specific time period chosen by you, which we are obligated to adhere to. Scheduled delivery incurs an additional cost, and the price varies for different hours of the day or night.
Products - any item displayed on the website and mentioned in the order, to be provided by the seller to the recipient.
Seller/Company - OkFlora Moldova - "Floria de Lux" S.R.L.
Holder - an individual/legal person or another legal entity placing an order.
I. General Provisions
1. Before using our website, please carefully read the terms and conditions of use. Visiting the website www.livrareflori.md or using (purchasing products from) this site implies your acceptance of these terms and conditions, which constitute the agreement (contractual) between the parties.
2. The use of services provided by the provider is equivalent to explicit agreement with these terms. By registering or using the services, the customer agrees that they have read and fully understood the following terms of use and that the provider will not be held responsible for any losses in any way for customers who have not read the terms of service provision.
3. By placing an order, the customer automatically accepts the terms and conditions listed below, regardless of whether they have been read or not.
4. The provider reserves the right to modify these terms of use without prior notice. It is expected that the customer reads all terms before placing an order to ensure they are aware of any changes that have occurred or any future modifications. However, in the event of a substantial, essential change, the provider will attempt to provide notification at least 30 days before any new conditions take effect. What constitutes a substantial change will be at the exclusive discretion of the provider, and any changes will be mentioned solely on this page.
5. Orders or requests for price quotations will be provided exclusively through the use of the contact form made available to the customer on this site, through the Ok Flora application, by phone, or email. The customer has an obligation to provide correct and as accurate as possible information regarding the desired product. The provider cannot be held liable in any form for inconveniences caused by the customer providing incorrect or incomplete information.
6. Delivery terms for services/contract duration are discussed for each individual request and are included in the service contract.
7. All provisions of the terms which, by their nature, should survive the termination of the contract, will continue to have effect, including but not limited to provisions regarding property, warranty exclusion, due payments, and liability limitation.
II. Products/ Pricing Policy
1. The services provided by OkFlora Moldova require payment.
2. All works and goods presented on the website are for demonstration purposes. The product image on the site is for demonstration purposes. Colors may vary due to various factors, such as lighting conditions during photography, the device from which you are viewing, image editing, etc., and may differ from the final product.
Each floral arrangement is unique and may differ in terms of packaging, appearance, size, etc. Depending on seasonal factors, available stock, or employed techniques, certain modifications regarding the number and assortment of plants/flowers are possible. Thus, the final product may differ from what is illustrated on the website or anywhere on the internet. However, within each floral composition, maximum effort will be made to preserve the value of the final product and its overall appearance/characteristics.
In cases where a certain variety of plants/flowers is not available in the current stock at the time of order placement, or the quality of flowers received from our suppliers does not meet optimal standards, we reserve the right to replace the respective variety with an equivalent one in style and of equal or higher value. If the change is substantial, we will make every effort to contact the client and seek their agreement for these modifications.
Supporting plants (leaves, greenery) and vases can be changed without prior notice as what is displayed on the site is for demonstration purposes.
In the event that, despite our efforts, the provider is unable to contact the customer through previously used communication means, the customer's implicit agreement regarding necessary changes in the creation and delivery of products will be assumed.
3. The payment for the creation and delivery of the floral arrangement, as well as the sale and delivery of related products, is to be made in full by the buyer in advance through any method chosen from the "Payment Method" section on the website or proposed by the operator, except for orders placed for bridal bouquets, wedding decorations, godparents' gifts.
4. The minimum order value recorded on the website is 450 lei.
5. The liability of OkFlora Moldova for claims regarding services or their fulfillment is limited to the amount paid by the buyer.
6. In the event of changes to the order, such as adding additional products, changing the text of a greeting card, etc., the customer is obliged to notify us by phone, email, or in-person at the OK FLORA office, 44 Pushkin Street, at least 5 hours before the scheduled delivery. Failure to comply with this condition will result in OK FLORA not assuming responsibility for the desired and requested changes by the customer. If the customer notifies the provider only 4 hours before the desired change to the bouquet in the order, they will be required to pay the full amount.
7. The completion of the purchase by the Holder implies their commitment to make the payment for the respective order, using one of the specified methods, and confirmation that the information provided about the Client, and if applicable, about the recipient (if different from the Holder), is authentic, accurate, and complete.
7.1 Adding a product to the cart without completing the order does not trigger an automatic registration of an order or an automatic reservation of the products.
7.2 By finalizing the order, the Client confirms that the provided data is correct and complete, and that the Seller has the right to contact them in necessary situations.
7.3 If the Client does not immediately contact the Seller to report any errors in their order, the Seller considers that the Client accepts the details of the order (prices, products, delivery or billing information, etc.) as they have been specified.
8. The Seller has the possibility to cancel an order through prior notification to the Holder, without imposing any subsequent obligations on either party and without either party having the right to claim damages from the other. This applies in situations where the product does not match the delivery details, there are errors in prices or product descriptions, payment has not been completed in the case of card payments or bank transfers, the information provided by the Holder is incorrect or incomplete, the Holder is not of legal age, or the Holder has not fulfilled past obligations to the Seller. If the Holder has made an advance payment, the respective amount will be fully refunded in case the order is canceled.
8.1 In the event of the Buyer's violation of the given conditions, the online store has the right to suspend the provision of services until the violations are rectified and the compensation for damages incurred by the store due to these violations is settled, or to terminate the service agreement, informing the Buyer of this through the provided email address during the order placement.
9. Cancellation of an order can only be made by phone or at the provider's office, at least 5 hours before the scheduled delivery time.
10. Orders for the same day and the next night are accepted until 8:30 PM.
11. In the event of the buyer's violation of the given conditions, the online store has the right to suspend the provision of services until the violations are rectified and the damages incurred by the store are compensated or to terminate the service agreement, informing the buyer at the email address provided during order placement.
12. OkFlora Moldova cannot be penalized for the non-realization of additional free services, such as sending SMS delivery confirmations, sending delivery photos to the client's email address, delivering greeting cards.
13. Placing online orders (on the website) is possible 24/7, 7 days a week.
III. Payment for Products
1. Payment for the order can be made online using a credit card through the PayNet payment system, via PayPal, or through bank transfer. Additionally, payment can be made at the time of delivery, in cash. It is essential that the ordered products be fully paid in advance, and delivery will only occur once the payment has been received.
For more information regarding payment methods, please refer to the page: https://livrareflori.md/en/how-to-pay
IV. Delivery Service for Chișinău and Other Locations
1. Delivery terms for services/contract duration are discussed for each individual request and are included in the service contract/firm order.
2. We deliver flowers and gifts across the entire territory of the Republic of Moldova. The cost of delivery varies for each location.
3. In Chișinău, as well as its suburbs, orders are delivered within 2-5 hours after payment.
Ok Flora cannot guarantee the desired date and time of delivery requested by the Client. However, we assume the responsibility to address potential delays or the inability of the courier to deliver through the application of the repeated delivery system. Additionally, the customer has the option to choose the delivery of fresh products through a local florist partner of Ok Flora. If neither of these options is agreeable to the customer, or if due to unforeseen reasons not within Ok Flora's control, the desired modifications cannot be fulfilled, Ok Flora will proceed to fully or partially refund the amount paid by the customer.
If the customer chooses the option for the product to be prepared and delivered by a local Ok Flora partner, the customer acknowledges that the product - floral arrangement - may not be identical to the one presented in the picture on the website, considering possible reasons such as the seasonal nature of flowers/plants, varying stock availability of the local partner, and potential variations in auxiliary products and accessories depending on stock availability.
Ok Flora assures that all these aspects will be communicated to the customer before the creation and delivery of the product.
After receiving the customer's agreement regarding modifications to the content and execution of the product, Ok Flora no longer assumes the responsibility for repeated delivery, product returns, or refunds of the paid amount. In exceptional cases, the provider will ensure repeated delivery or return/full or partial refund in the event that the product delivered by the local partner displays irregularities such as withered, damaged, or non-conforming plants/flowers, according to the criteria agreed upon by the parties or non-conforming auxiliary products/accessories.
5. In case the customer is unaware of the recipient's address, they should provide us with the recipient's phone number. Subsequently, the date, location, and time of delivery will be arranged. If the recipient refuses to accept the flowers for any reason, the delivery is considered executed, and the price is not refunded.
6. At the customer's request for delivery based on a name from Facebook/Instagram, OkFlora guarantees a full refund to the order holder if the person cannot be found. If the recipient refuses to accept the flowers for any reason, the delivery is considered executed, and the price is not refunded. If the recipient refuses to provide us with personal data, the delivery is considered canceled, and the price will be returned to the customer.
7. Delivery within Chișinău and its suburbs is completed within 2-5 hours after the order is placed and paid. Delivery is done within the time intervals specified by the customer during order completion on the website.
8. For orders with delivery to hotels, campsites, etc., the buyer should provide the room number and the recipient's registration name (or a group, for example - Mr. and Mrs.). The order to a hotel can only be delivered to the reception. Because many hotels do not allow delivery services beyond the reception, delivery to the reception on the specified date is considered an executed order. We are not responsible for order delays or the inability to deliver due to incorrect hotel address or the recipient leaving the hotel earlier, changing room numbers, etc.
9. The accuracy of delivery depends on the recipient's information provided by the customer. Therefore, please complete the survey carefully, and if necessary, mention specific details in the order comments (apartment door code, department number, etc.).
10. OkFlora couriers only deliver products from www.okflora.md. We do not deliver other gifts sent by the customer or third parties.
11. The cost of delivery varies for each location. In Chișinău, simple delivery within the available time slots on www.okflora.md is free for floral products. For other localities, including its suburbs, delivery comes at an additional cost. Please check the page https://livrareflori.md/page/cum-livram-9 for differentiated prices.
11.1 Bouquets and floral arrangements benefit from free delivery in Chișinău. For additional products (e.g., plush toys, balloons, sweets, beverages, and non-floral products or arrangements), delivery incurs a cost.
12. The customer must provide the exact address of the recipient. If the customer does not know the delivery address, OkFlora Moldova reserves the right to call the recipient to obtain the exact delivery address. In the case of incorrect or incomplete data provided necessary for delivery, the absence of the recipient at the indicated address, the customer will be informed about changes to the order status, and the recipient will be contacted to confirm the accuracy of the delivery details. If the recipient is at a different address, the bouquet will be delivered to the new address as soon as possible, but only after the customer has paid the amount for the repeated delivery:
85 lei - cost for the city;
For other destinations, the cost of repeated delivery is equivalent to the initial delivery fee.
If the recipient is not at the specified address and/or unavailable, the bouquet is returned to the company. Within 72 hours, if the recipient cannot be located even with the customer's assistance, the order is considered delivered, and the price is not refunded.
V. Refund Policy
1. If the customer is not satisfied with the execution of the order or the quality of the delivered products, please contact us within 24 hours from the time of delivery. Given that flowers are a perishable product, we will not be able to replace the product or refund the paid amount if we are not informed promptly about this issue. In case of non-fulfillment of a correctly placed and paid order due to the fault of OkFlora Moldova's service, we guarantee a full refund of the paid amount.
In the event that, after evaluating the situation, the parties agree to apply the provisions regarding the refund, Ok Flora undertakes to fully refund the amount only if the customer returns all non-perishable products in the condition they were received at the destination. Otherwise, if the customer chooses to keep the non-perishable products, Ok Flora will apply a partial refund policy, specifically, the provider will only refund the value of the perishable products that have been proven to be non-conforming at the time of delivery.
2. In case of order cancellation (no later than 24 hours), we guarantee a refund of the paid amount. Bank fees will be deducted from the refunded sum.
3. The procedure and terms of money return depend entirely on the chosen payment method when placing the order. If the payment method was made by card, the financial funds will be returned only to the card account that was used for the payment.
4. For orders with additional paid services (special delivery, fixed time delivery, etc.): If the parameters specified in the order are not met, OkFlora will partially refund the price for the omitted service.
5. According to the provisions of Government Decision No. 1465 of 08-12-2003 regarding the approval of Rules for the replacement of non-food products and warranty terms, perishable products are not eligible for return. This category includes flowers, bouquets, wreaths, funeral arrangements, cosmetic products, toys, etc. The complete list of products can be found at https://www.legis.md/cautare/getResults?doc_id=100706&lang=ro.
6. The article must be returned in the same condition as it was delivered, including the original packaging, with all accessories and documentation unaffected. In the case of products sold as sets, the entire set must be returned as a whole.
7. If we determine that the aforementioned conditions are not met, we will decline the payment for the value of the returned products and will resend the package to the Buyer, who will be responsible for the re-shipping costs. If the returned product shows signs of wear, usage, scratches, damage, packaging deterioration, or is incomplete, and if accessories or documentation are missing, the Seller reserves the right to decide whether to accept the return or deduct an amount from its value. This amount will be determined after assessing the damages incurred to the returned product.
VI. Force Majeure and Dispute Resolution
1. In the event of a force majeure event that prevents a party from fulfilling its contractual obligations, the fulfillment of obligations will be postponed for the duration of the force majeure event. These events exempt the party from fulfilling its obligations only if they make it impossible to meet the contract requirements, not if execution becomes more difficult or costly.
Ok Flora and its partners cannot be held responsible for any delay or error resulting directly or indirectly from causes beyond their control. This exemption includes, but is not limited to: technical equipment malfunctions, lack of internet/phone connection, computer viruses, unauthorized access to OK Flora systems, operational errors, as well as any other force majeure cases stipulated by the applicable law.
2. Any dispute arising from the use of the service will be resolved amicably. If the conflict is not resolved amicably, the jurisdiction belongs to the courts of Moldova. By accepting these Terms and Conditions, the customer fully assumes these risks.
VII. Obligation of Personal Data Confidentiality
3. The provider will maintain the confidentiality of data for all its customers, including usernames/names and passwords of the customer. The provider will not share or sell this information to third parties for any cost.
4. Please carefully read our website's privacy policy, as it explains how we collect and use information about our customers.
5. By contracting our services, the customer agrees that the provider may use their personal data as described in this privacy policy, in accordance with Law No. 133 of 08-07-2011 on the protection of personal data, which came into force on 14-10-2011 in the Official Gazette No. 170-175 art. 492, AMENDED LP52 of 12.03.20, MO84/14.03.20 art.88; in force from 14.03.20 https://www.legis.md/cautare/getResults?doc_id=120905&lang=en
6. The term "Personal Data" refers to "any information relating to an identified or Identifiable natural person," as defined in Article 4(1)(1) of the GDPR. The categories and types of personal data processed by the provider are:
- Full name
- Address
- Phone number
- Email address
- Bank account and other financial details
- Usernames and passwords
7. The privacy notice regulates the collection, storage, and use of personal information collected by the provider through its tools, website, and any third parties with which the provider collaborates to fulfill contractual obligations. The provider uses customer information to provide any requested information and services or any ordered products, for the purposes of:
• Allowing them to manage an account for the customer's benefit.
• Allowing them to receive payment for provided products and services.
• Allowing them to respond to communications from the customer, etc.
8. Personal information is processed solely on the basis of a legitimate interest, which is to provide the customer with products and services. Access to this data is allowed only for authorized personnel. The provider will ensure the security of the customer's information through appropriate technical and organizational measures against unauthorized or unlawful processing and accidental loss, destruction, or damage. The provider will never sell the information provided by the customer to third parties and will not use their personal details for marketing purposes unless the customer has expressly consented to such operations.
9. The provider will disclose customer information if required by law or by enforcement authorities or at the request of a third party in the context of actual or imminent legal proceedings, provided that the provider can do so without violating data protection laws. Customer data will be stored for the duration of the main contract. The provider may be required to store customer data for a longer period to comply with legal, contractual, or compliance obligations.
10. The customer has the right to:
• At any time and free of charge, request the provider to provide copies of all personal information about them.
• Request the provider to modify, correct, or update the personal information they hold about the customer.
• Ask to opt out of any marketing communication they may receive from the provider.
• Request the provider to delete any personal information they hold about the customer.
Final Clauses
1. The customer undertakes, at the time of providing the necessary information for order fulfillment, to comply with the rules of the current legislation. (Example: not to use inappropriate, vulgar, discriminatory vocabulary in the greeting message, not to use the store's services as bribes, not to use the delivery service workers to enter restricted areas or put them in situations that would involve other violations of the law).
2. The customer is obliged to respect the law and provide truthful information during the order placement.
3. Without contradicting the stipulations above, Ok Flora is released from liability in case of non-compliance with the given conditions if it arises as a result of force majeure factors, including actions of state authorities, fire, flood, earthquake, other natural disasters, power outage, unstable computer networks, strikes, and other cases not included in the list that can influence order execution.
4. On holidays such as February 14th, March 1st and 8th, Christmas, Easter, or other celebrations involving a higher volume of orders, we reserve the right not to provide a witness photo.
(Note: The final clauses provided are based on the information provided in the previous sections. The translation and interpretation of legal documents can have significant implications, so it's always a good idea to consult with a legal professional when drafting or interpreting such documents.)