Terms of service
Terms of services
Article 1: Definition and scope of application
The present document (Terms of service) defines the conditions applicable to sales concluded between a person or persons making a purchase via the https://en.famousroses.eu/ website, hereafter referred to as "the buyer" and the company FAMOUS ROSES SRL, hereafter referred to as "FAMOUS ROSES".
Article 2: Placing an order
Please follow instructions and process on website, providing all information requested. Orders accepted for bare root roses will be delivered in November and March. Container roses and other plant orders all year round, subject to availability. Orders sent in strict sequence, according to date received. Customers will receive order acknowledgement with order number which should be quoted in all communications.
By placing an order you are making a contract with us. When placing an order which is binding the buyer has an obligation to provide accurate information: in the event of an error in the recipient's address, FAMOUS ROSES cannot be held responsible for the impossibility of delivering the product.
An order is definitive only when it has been confirmed by the payment of the price by the buyer. After shipment, any amendment or cancellation of the order by the buyer cannot be considered and the price paid will not be refunded. All offers for sale are valid within the limits of available stocks. A product which becomes unavailable is automatically removed from the online catalogue.
In the event of a product becoming unavailable, FAMOUS ROSES will contact the buyer. They will jointly agree the delivery of a product which offers identical characteristics in size and quality to the product originally ordered by the buyer.
Article 3: Price
The prices are indicated in euros inclusive of all taxes. They take into account VAT and any reductions applicable on the day the order is placed.
The price of the products excludes delivery charges (packaging and transport).
The cost of delivery will be specified on the purchase order before validation of the sale. The products are supplied at the price current at the time the order is placed.
The price is paid cash when the order is placed.
Article 4: Application and opposability of the terms of service
Placing an order implies that the buyer fully accepts these terms and conditions without reservation.
Any conflicting condition requested by the buyer will therefore, in the absence of express acceptance, be unenforceable regardless of the time at which it may have been brought to the attention of FAMOUS ROSES.
The fact that FAMOUS ROSES does not specifically refer to any one of the present terms of service, cannot be interpreted as a renunciation of its right to impose any one of the said conditions at a future date.
If one or more provisions of the present terms of service are declared null or void through the application of a law, a regulation or as the result of a final decision by a competent court, the other provisions shall remain valid and binding.
These Terms of service may be modified at any time, without notice, by FAMOUS ROSES and its subsidiaries. The present Terms of service are applicable from 1 January 2021. They supersede and replace all previous versions of these conditions. It is understood, however, that the changes relating to Terms and Conditions will be inapplicable to orders previously accepted and confirmed by FAMOUS ROSES.
Article 5: Legal capacity
The customer must be at least 18 years of age and have legal capacity to enter into contracts.
Article 6: Total payment security
FAMOUS ROSES provides totally secure and flexible payments both online or by phone, by debit or credit card through a payment system entrusted to a specialist secure payment provider. FAMOUS ROSES guarantees the total confidentiality of your banking information, secured by the SSL protocol, which automatically checks the validity of the right of access when paying by bank card and encrypts all information exchanged to guarantee confidentiality. We have no access to and never record your bank card information. To find out more, click here.
Article 7: Delivery
Delivery will be made to European Union Countries, excluding the islands, within the given time period, with the product being delivered directly to the stated recipient. If the recipient is absent a notice will be left (see below for further details according to the nature of the product ordered), or the package will be left at the recipient's door in a safe place.
The purchaser is informed and accepts that the delivery may not be carried out at a specific time, but FAMOUS ROSES is committed to providing the means necessary and to making every effort to respect the time period requested.
FAMOUS ROSES may in no case be held responsible for a delay in delivery due to a cause beyond its control, and particularly in the event of adverse weather conditions, disaster, strike, force majeure, an incomplete or unclear recipient or client address and/or telephone number, the absence of the recipient.
7.1 Terms of delivery
Your order will be delivered by courier on the agreed week.
Should the recipient be absent, the deliverer will either leave a notice in the letterbox or the parcel will be left in a safe place at the door of the recipient.
7.2 Delivery of your order
Late delivery may not give rise to the payment of damages and interest.
In the absence of the recipient, the courier is authorised to deposit the parcel in front of the door.
Finally, if the product has not been shipped, for any reason other than that of force majeure, the order may then be cancelled and the price paid will be reimbursed in full to the purchaser, to the exclusion of any other compensation or damages.
The following conditions are considered to be cases of force majeure dispensing FAMOUS ROSES of its obligation to deliver; war, riots, fire, strikes, accidents, traffic restrictions and when it is impossible to receive stocks.
FAMOUS ROSES will inform the buyer in good time in the event of any of the above occurring.
Article 8: Right of withdrawal
The agreement of FAMOUS ROSES must be obtained prior to any Products being returned.
Article 9: Returns and complaints procedures
9.1 Contractual guarantee
Any return accepted by FAMOUS ROSES, due to an apparent defect or the non-conformity of the product delivered, which shall be noted by the seller, enables the buyer to receive a free replacement or a credit voucher, to the exclusion of any other compensation, damages or interest. The product(s) must be returned by the buyer in the original packaging and within seven (7) days from the date of receipt of the goods.
The product(s) returned must be new, unused and in the original box, perfectly intact. The customer should keep the proof of postage given to him by Courier Company or Post Office. In the event of a lost package, no refund will be made without this proof of postage.
Any claim concerning an order which includes the delivery of roses or plants must, since it concerns perishable products, be formulated at the latest within two (2) days after the delivery of the product.
Any claim concerning the delivery of other products should be made at the latest within seven (7) days after the date of delivery of the product.
9.2 Legal Guarantees
All goods and services supplied by the Seller shall enjoy the legal warranty of conformity provided for in Romanian consumer law # 449/2003.
Article 10: Personal Data Management
At FAMOUS ROSES, we care about protecting our customers' personal data. We are fully committed to respecting the data protection law by EU Regulation 2016/679 of 27th April 2016, or GDPR, relative to the protection of personal data.
When using the FAMOUS ROSES web site, you accept the collection and use of your personal data according to our data protection policy.
See our data protection policy here.
Article 11: Customer Service
Our Customer Service is available Monday to Friday from 9am to 5pm without interruption.
Closed on Sunday and public holidays.
Any request for information should receive a reply within 48 hours.
• by phone : +4 0751 269 077 (cost of a local call)
• by email : Customer Service.
• by post:
FAMOUS ROSES SRL
Bulevardul BANU MANTA 18
Sector 1, BUCURESTI
COD POSTAL: 011226
ROMANIA
Article 12: Disputes and mediation
Any complaint or dispute will always receive our full attention; we always presume that a client who takes the trouble to explain his point of view is acting in good faith.
Any complaint concerning the quality of roses and plants should be sent to our Customer Services within a maximum period of five (5) business days after the date of receipt of the parcel by the recipient.
In the case of a dispute, the customer should address their complaint to the seller's Customer Service.
In the event of a dispute and prior to referral to a tribunal, the buyer has the option of arbitration, the mediator being chosen in common agreement with FAMOUS ROSES, with the aim of reaching an amicable solution.
Article 13: Competence
In the event of a dispute concerning the present Terms of service, where the buyer has non-commercial status, the competent court will be that of the place of domicile of the defendant, the place of actual delivery of the goods or the place where the service was carried out.
In the event of a dispute concerning the present Terms and Conditions, where the buyer has commercial status the competent courts shall be the courts of Bucharest.
The sale of products on this website is subject to Romanian law regardless of the country of residence of the purchaser or the country where the order is placed.