Welcome to www.studiumonflowers.com (our "Website").
We are committed to delivering exceptional flowers to you, our customers, with an excellent contemporaneous service. This page tells you the terms and conditions based on which we will supply to you the flowers and ancillary products (together, the “Products”) listed on our Website www.studiumonflowers.com via one of our subscription services (“Services”). Please read these terms and conditions carefully before ordering any Products from our Website or subscribing to any of our Services.
These terms and conditions apply to all users of the domains studiumonflowers.com and their sub-domains (hence the Website). “STUDIUM” is the brand of IN THE MOOD FOR FLOWERS SRL, a private limited liability company based in Ploiesti, Arcasi street nr 14 A, 100424, Romania, listed in the trade register of the Chamber of Commerce under number J29 /2771 /2018, CUI: 40264591. To make reading simple we may be referred to as “us” or “STUDIUM”.
SUBSCRIPTION AND DURATION
Any order or subscription request received is an offer from your side (the Customer) to purchase certain Products against a certain price, and is subject to acceptance by us (STUDIUM). The completion of the contract between us and yourself with respect to Products or Services, based on these terms and conditions and through the Website (hereinafter, the “Contract”) only takes place when we notify you in writing on the acceptance of your order or subscription request. We reserve the right, at our absolute discretion, to refuse any order or subscription request without giving reasons. In the event of a refusal, we will promptly inform you and we will refund or cancel any payment received in full or in part, via the payment method used to place the order or the subscription request.
By placing an order or a subscription request on the Website you confirm that you are at least 18 years old and have full capacity to enter the Contract based on these terms and conditions.
As per Article 16 of the Government Emergency Ordinance no. 34/2014 on the rights of consumers in contracts concluded with professionals, as well as for the amendment and completion enactments, as subsequently amended and completed, the right of withdrawal is not applicable in the case of products which are very perishable and subject to contamination once the packaging has been opened or made based on client specifications, as are the Products (where fresh flowers are concerned). Consequently, you will enjoy the withdrawal right only with respect to subscriptions and/or only to the extent the requested Products do not meet the above conditions. For exercising your withdrawal right, subject to the terms and conditions above, please e-mail us at firstname.lastname@example.org to let us know, within 14 days as of the moment the Contract becomes applicable between us, as per the above. To the extent any delivery has been made under the Contract by the time of your withdrawal notice, you will not be entitled to the reimbursement of any price advanced by you in connection such delivery.
The duration of the Contract will be that of your subscription, as elected by you through your dedicated account, by accessing "My Account> […]" area of the www.studiumonflowers.com Website.
The price that you will need to pay for each order within a subscription is the price provided on the Website at the time when the relevant Contract enters into force. We reserve the right to change the prices posted on the Website at any time for reasons including, but not limited to, price increases from our suppliers and partners, and such changes will be immediately applicable to any ongoing Contract as of their publication on the Website.
If we decide to change our prices during a Contract, we will give you, our subscribers, not less than 14 days’ prior written notice before your next scheduled delivery and provide the option to cancel the Contract free of charge within 10 days as of the transmission of our prior notice as per the above, without you having to pay for any Products that have not been delivered.
If we receive no contact from you within the 10-day term referred above, but not later than 36 hours prior to your next requested delivery date, we will assume that the price changes are accepted by you and your order will proceed with the price amendments as per the above.
For details with respect to delivery costs, if applicable, please see Section “Delivery, Delivery Time and Performance” below.
Any costs payable for or in connection with the utilization of communication means at a distance, in connection with any Contract, shall be borne exclusively by you.
We accept Visa and MasterCard credit and debit cards. In order to offer you the security of payments, all our payments are processed securely by NETOPIA Mobilpay.
For all orders and/or subscriptions, your credit or debit card will be debited at checkout (upon completion of the order) for your first delivery only. For subsequent deliveries, if the case, your card will be debited on a recurring basis in every week in which a delivery is scheduled. The amount your card will be debited with in any given week will be the value of your order(s) for the given week subject to any price changes previously notified to you as detailed above. It is your responsibility to make any necessary arrangements, including with your bank, in order allow for the relevant payments to be made in an appropriate and timely manner.
In the event of late payment, for example because a direct debit is cancelled, or expired, or the account specified holds insufficient funds, STUDIUM will first notify you in writing, giving 24h to remedy the breach. Should you fail to pay the full outstanding amount after having a received a reminder, STUDIUM shall be entitled to automatically pause the subscription and cancel your next scheduled order. For the subscription to run again, you need to re-activate it from your dedicated account area.
Invoices and payment reminders will be sent to you electronically only, based on the Personal Data submitted by you.
We never have access to or store your credit or debit card details.
OFFERS AND PROMOTION CODES
At our discretion, we may offer Products at discounted prices. These offers are valid from the time when we introduce them on the Website and up to the end date of the offer therein provided, and they cannot be used for orders placed on the Website before the offer introduction date or after the offer end date.
Should you have placed an order and the price of the ordered Product subsequently falls or is discounted owing to a special offer, the price of the Product at the time of placing your order shall be applicable.
We also reserve the right to offer different personalized special offers and promotions and therefore it will only be possible for you only if you have received the relevant special offer to redeem the discount.
Unless explicitly otherwise stated, free or discounted introductory offers are only available to new users of the STUDIUM Services and are only available once to any one person.
Discounts and credits cannot be used in conjunction with any other offers.
Unless otherwise stated, we only allow one promotion code to be used per order.
STUDIUM Gift Cards and Gift Vouchers (together, the "Gift Cards”) may only be redeemed toward the purchase of eligible Products on www.studiumonflowers.com. Purchases are deducted from the redeemer's Gift Card balance. If a purchase exceeds the redeemer's Gift Card balance, the remaining amount must be paid with another payment method and we will not be in any way liable for covering such difference or for any agreements with respect to such difference between you and the beneficiary of a Gift Card.
Gift Cards, including any unused Gift Card balances, expire one year from the date of issuance. For the avoidance of any doubt, no Gift Card balance shall be reimbursed to the purchaser or the beneficiary of the relevant Gift Card after the expiry of the said period. Gift Cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law.
Risk of Loss
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.
SUSPENSION, TERMINATION, OR AMENDMENT OF THE CONTRACT BY THE CUSTOMER
If you wish to change your subscription (including the duration of the Contract), please do so via the "My Account> Edit my subscription" area of the www.studiumonflowers.com Website. You can pause or cancel a subscription at any time by giving not less than 5 (five) days’ notice before any nominated delivery date within your subscription plan. Provided you have given us the specified notice, the suspension or cancellation will take effect without charge.
In such circumstances, if your card has already been debited, we will issue a full refund. Where notice is received after that time and we have been unable to make the requested changes, please note you will still receive and be charged for your next first delivery.
DELIVERY, DELIVERY TIME, AND PERFORMANCE
STUDIUM delivers free of charge in Bucharest, Ilfov area and Ploiesti. Deliveries are possible only on the days specified by STUDIUM, as they are available on the Website or have been otherwise notified to you in writing by STUDIUM. Delivery intervals are approximate times. STUDIUM shall not be liable for any delivery delays which do not exceed 4 hours after the scheduled delivery interval.
Delivery will be made to the address specified by you when you register on the Website. You have the ability to change this address through the "My account > Personal Data" feature on the Website. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether. We will advise you any such restrictions before your order is completed.
You are fully responsible for the information concerning the name and, as the case may be, the delivery address (with all necessary details) and the contact telephone number, as well as for the necessary invoicing details, which need to be precise, correct and complete in order for a delivery to be duly made. We will not be liable for any error on your side with respect to such information. You will promptly notify us if you have any reason to suspect that your account or any information submitted to us through the Website has been accessed without your permission or that your account or password has been in any way compromised.
You must ensure that the Products can be delivered in person to you or the recipient, at the delivery address specified by you. Should you or the recipient fail to be present for your delivery, at the scheduled delivery date, we are entitled to charge you in full for an amount equal to the price of perishable Products contained in your order and the cost of delivery, if the case, and you will not be entitled to any reimbursement for an advance payment in this respect.
Should you instruct us to leave a delivery unattended at your address we expressly disclaim all liability which may arise by virtue of the Products being left unattended for a period of time after delivery. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature at the specified address.
Should the Products delivered to you be incomplete or include incorrect Products, you must notify us promptly. You will not be charged for any incorrect Products or Products which you have not received. In any event our liability will be limited to the price of the Products not delivered or incorrectly delivered and the cost of delivery.
Should the Products not have been paid for in accordance with the Contract by the day of the next scheduled delivery, STUDIUM is entitled to withheld the relevant delivery and/or any subsequent deliveries of the Products until such time as the purchase price is paid in full for any such delivery.
STUDIUM may use third parties to perform the Agreement.
OUR REFUNDS AND RETURNS POLICY
Freshness & Damage
While our flowers are packed carefully to ensure they arrive as fresh and beautiful as when they left us, on occasions (and for reasons beyond our control) they may be damaged in transit. If you receive flowers that do not seem fresh or are damaged, please contact Customer Care at email@example.com to let us know.
If the flowers do not meet our own high standards, we will give you the choice of a free replacement at our next available delivery date, or a full refund. Please note that you will need to email us a photo (evidencing the date and time when it was taken) of the un-fresh or damaged flowers, within 12 hours of their receipt, in order to be eligible for a refund or replacement.
Returns of flowers
Please understand that due to the perishable nature of flowers, we are unable to accept returns on these Products.
Returns of vases & Gift Cards
You do have the right to return to us only one-off extras - such as vases or Gift Cards - provided that the Gift Cards have not been used by the date of return. You must handle the Products received, including the packaging, with care. You must return the Product and all accessories delivered along with the Product in their original condition and packaging – if reasonably possible – within 14 days as of their delivery. The Product covered by the cancellation right can be returned to the following address: Arcasi 14A, 100424, Romania.
The right of return as per the above can be exercised at no cost, but you will need to pay the full costs of returning the Product, unless STUDIUM has specifically offered to arrange for the Product to be collected from you.
Whilst we will do our utmost to ensure that the STUDIUM Services are uninterrupted and error-free we cannot guarantee this and, therefore, accept no responsibility for any interruption of the STUDIUM Services and shall be released from our obligations under these terms and conditions and/or any Contract in the event of any cause which renders the provision of the STUDIUM Services impossible or impractical, except where our liability cannot be limited by effect of law.
STUDIUM will not be responsible for any direct or indirect or consequential losses or damages, including loss of profits, that (i) were not caused by any breach on our part, including those cause by your breach or failure to comply with the provisions of these terms and conditions and/or any Contract in force between us, or (ii) were not foreseeable to both you and us upon the conclusion of any relevant Contract between us. STUDIUM will not be liable for any apparent or hidden faults of the Products, except as such faults have been known to us upon the delivery of those Products.
In no circumstances shall our liability exceed the cost of replacement of the Products or the price paid by you in advance in connection with the Products and the cost of their delivery, if the case.
Some of the Products, being fresh flowers, may contain allergens or other contaminants (such as pollen or other airborne vegetal tissue). We do not guarantee the absence of such allergens or any other contaminants in the Products and we will not be liable for any damages of any kind caused directly or indirectly by such Products, as a result of the presence of such allergens or contaminants in the Products.
We reserve the right to suspend or restrict the utilization of the Website, irrespective of reasons, and we will not be liable in any circumstances for any such suspension or restriction of utilization.
We will not be liable for any inaccuracies, errors (including typos) or omissions of any kind or for the effects of the use of this Website or its content. All content included in, advertised on, or available through the Website are provided with no guarantee from our side with regard to its completeness or accuracy (irrespective if when published or from time to time) or of the results obtained in connection therewith and excluding, to the maximum extent permitted by law, all representations, warranties, conditions and other terms in connection with the Website.
We will not be liable for any potentially harming programs which can be installed by third Parties on this Website, the server hosting the Website, or the e-mails sent by us. You are fully liable for using this Website, including any subscriptions hereunder, being solely responsible for any direct or indirect damages caused to you or to any third parties by or following the use of this Website or the content hereof.
[The access to this Website is made by secured pages, using the SSL encryption system and being marked with the text “htpps://” and a lock symbol placed on the left of the address field of the Website. Should you notice the absence of these symbols, we recommend you to immediately leave the Website and promptly notify us in this respect. We will not be in any way liable for the case you will not follow these recommendations.]
We will not be liable for any damages directly or indirectly caused by your breach of these terms and conditions and/or the Contract.
CIRCUMSTANCES BEYOND OUR CONTROL
Adverse weather conditions
Adverse weather conditions may prevent the delivery of orders by the time requested, or at all. As set out above, in such circumstances, our liability to you will be limited to the price paid in advance by you for the Products not delivered, and in any case without limitation to the generality of the paragraph below.
Neither STUDIUM nor you shall be liable for any breach of these terms and conditions or any Contract caused by a force majeure event, as defined by the Romanian Civil Code.
AMENDMENTS TO THESE TERMS AND CONDITIONS
STUDIUM reserves the right to change these terms and conditions, as well as the content of the Website, at any time, without your consent or any prior notice being required, and such changes shall be applicable as of the date when they are published on the Website. To the extent required by law, you will be given advance notice of any such change.
If a change as referred to above leads to a material change in the delivery of the Services or Products, you may give us notice to terminate the Agreement before the change applies to you as per the above.
You are advised to check the Website regularly to ensure that you are familiar with the latest version of these terms and conditions.
Should any provision of these terms and conditions be held null, void or unenforceable, this will not affect the validity of the other provisions. The provision deemed null, void or unenforceable will be replaced with a new provision reflecting as much as possible the economic content of the former.
TERMINATION FOR CAUSE
If you fail to perform your obligations under an Agreement, for example your payment obligations, STUDIUM may send you a notice of default allowing you a grace period specified by STUDIUM in which to meet your obligations, and may terminate the Agreement without court order if you continue to default on your obligations after the expiry of the grace period.
In addition to terminating the Agreement, STUDIUM reserves the right at any time to claim full compensation from you for any loss or damage incurred, including debt collection costs.
GOVERNING LAW AND COMPETENT COURT
All Contracts and ensuing obligations, and these terms and conditions, are governed by and shall be construed in accordance with the Romanian law.
Any disagreement between us and yourself in connection with any Contract and/or these terms and conditions shall be solved amicably. Should we not reach an understanding in this respect within 30 days as of our receipt of a written notice from you on the occurrence of such disagreement, the parties will subject the matter to the competent court of our registered headquarters.
These terms and conditions have been last updated on 10th of September 2019.