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    Terms of service

    These conditions regulate:

    • the use of DeFlorance and
    • any other agreement or legal relationship with the holder

    in an authoritative manner. Capitalized expressions are defined in the corresponding section of this document.



    The user is requested to read this document carefully.


    Worth knowing at a glance

    • Please note that some provisions of these Terms may apply only to certain categories of users. In particular, some provisions may apply only to consumers or only to users who are not acting as consumers. Such restrictions will always be explicitly mentioned in the relevant clauses. If this is not the case, the clauses apply to all users.
    • The right of withdrawal applies only to European consumers.

    CONDITIONS OF USE

    Unless otherwise specified, the terms and conditions set forth in this section apply to the use of DeFlorance generally.

    Other terms of use or access that apply in specific situations are expressly stated in this document.

    By using DeFlorance, the user declares that he/she meets the following requirements:

    • There are no restrictions in terms of users, whether they are consumers or professionals;

    Content on DeFlorance

    Unless otherwise stated or clearly identifiable, all content available on DeFlorance is the property of the owner or its licensors.

    The operator takes the utmost care to ensure that the content available on DeFlorance does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.
     In such cases, without prejudice to their legally enforceable rights and claims, users are requested to address their complaints to the contact details provided in this document.

    Please note that the brand images used with the product name are for demonstration purposes only.

    Rights to the contents of DeFlorance

    The owner is the holder of all intellectual property rights to the above content and expressly reserves them.

    Users are not authorized to use the Content in any way that is not necessary or implied for the proper use of the Service.

    In particular, but without exceptions, users are prohibited from copying, downloading, sharing, modifying, translating, editing, publishing, transferring, selling, sublicensing, converting, distributing/licensing to third parties, or creating derivative works from the content available on DeFlorance, and allowing third parties to perform such activities through their user account or device, even without their knowledge.

    Where expressly stated on DeFlorance, the User is entitled to download, copy and/or redistribute certain content available on DeFlorance solely for personal and non-commercial purposes, provided that the attribution of authorship of the work required by the Owner is observed, as well as the indication of other relevant circumstances.

    The copyright restrictions and exclusions remain unaffected.

    Access to external resources

    Through De Flornace, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.

    The terms and conditions applicable to the resources provided by third parties, including the terms and conditions for granting rights to content, are determined by the third parties themselves and governed by the relevant terms and conditions or, in the absence thereof, by law.

    In particular, users may encounter ads on DeFlorance that are provided by third parties. The Owner does not control or moderate the ads displayed through DeFlorance. When the user clicks on one of these ads, the user interacts with the third party responsible for the ad.

    The Owner is not liable for the consequences that may result from such interaction with third parties, access to third party websites or use of third party content.

    Permitted use

    DeFlorance and the Service may be used only for the purposes for which they are offered, in accordance with these Terms and applicable law.

    It is the sole responsibility of the User to ensure that the use of DeFlorance and/or the Service does not violate any laws, regulations or third party rights.

    Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests and, in particular, to deny the User access to DeFlorance or the Service, to terminate contracts, to report any censorable activity carried out through DeFlorance or the Service to the competent authorities - e.g. judicial or administrative authorities - if the User carries out or is suspected of carrying out such activity:

    • Violations of the law, regulations and/or terms of use;
    • the infringement of third party rights;
    • Actions that may substantially prejudice the legitimate interests of the controller;
    • Crimes against the holder or a third person.

    TERMS AND CONDITIONS OF SALE

    Chargeable products

    Some of the products offered on DeFlorance as part of the Service are subject to a fee.

    The rates, terms and conditions applicable to the sale of these products are described below and in the relevant sections of DeFlorance.

    Product description

    Prices, descriptions and availability of products are indicated in the respective sections of DeFlorance and are subject to change without notice.

    Although the products on DeFlorance are represented as accurately as technically possible, the representation on DeFlorance by any means (including, where applicable, graphics, images, colors, tones) is for reference only and does not constitute a guarantee of the characteristics of the purchased product.

    The characteristics of the selected product are indicated during the purchase process.

    Purchase procedure

    Each step, from the selection of the product to the order, is part of the purchase process.

    The purchase procedure includes the following steps:

    • Users are prompted to select the desired product and confirm their purchase decision.
    • After checking the information visible in the purchase selection, users can place their order by placing it.

    Sending the order

    The transmission of the order includes the following:

    • When the User sends the order, the contract is concluded and the User undertakes to pay the price, taxes and any other fees and expenses as indicated on the order page.
    • If the purchased product requires an active contribution from the user, such as the provision of information or personal data, specifications or special requests, the order also constitutes an obligation on the part of the user to cooperate accordingly.
    • Once the order is placed, the user receives a confirmation of receipt of the order.

    All notifications related to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.

    Prices

    During the purchase process and before placing the order, users will be duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.

    Prices on DeFlorance:

    • include or are net of all applicable fees, taxes and charges, depending on the section the user is consulting.

    Means of payment

    The accepted payment methods are highlighted during the checkout process.

    Some means of payment are subject to additional conditions or associated with additional costs. For detailed information, please refer to the relevant section of DeFlorance.

    All payments are processed independently of third-party services. Therefore, DeFlorance does not collect payment data - such as credit card numbers - but receives a notification once the payment was successful.

    In the event that the payment made with one of the available means of payment fails or is rejected by the payment service provider, the holder is not obliged to execute the order. Any costs or fees incurred as a result of the failed or rejected payment shall be borne by the User.

    Authorization for future payments via PayPal

    In the event that the User allows the PayPal function for future purchases, DeFlorance stores an identification code associated with the User's PayPal account. This allows DeFlorance to automatically process payments for future purchases or for the payment of regular installments of a previous purchase.

    This permission can be revoked at any time by contacting the owner or by changing the personal settings of PayPal.

    Retention of title

    The user does not acquire ownership of the ordered products until the full payment of the purchase price is received by the owner.

    Delivery

    Delivery will be made to the address provided by the user and in the manner specified in the order summary.

    Upon delivery, the user must check the contents of the package and immediately report any irregularities to the contact details provided here or as described in the delivery bill. The user may refuse to accept the package if it is visibly damaged.

    Delivery can be made in the countries or territories indicated in the relevant section of DeFlorance.

    Delivery times are indicated on DeFlorance or during the checkout process.

    Non-delivery

    The Controller shall not be liable in any way for delivery errors due to inaccuracies or omissions made by the User when filling out the order, nor for damages or delays that occur after the delivery to the courier, if the latter has been contracted by the User.

    If the goods are not delivered or collected at the agreed time or within the agreed period, they will be returned to the owner, who will contact the user to arrange a second delivery attempt or to agree on the further procedure.

    Unless otherwise specified, each delivery attempt from the second is at the expense of the user.

    User rights

    Right of revocation

    Unless an exception applies, the user has the right to revoke the contract within the period specified below (usually 14 days) without giving any reason or justification. The user can find more information about the right of withdrawal in this section.

    Who enjoys the right of withdrawal

    Unless one of the exceptions listed below applies, users acting as European consumers have the right by operation of law to withdraw from contracts concluded online (distance contracts) within the period specified below without giving any reason.

    Users who do not meet these requirements do not enjoy the rights described in this section.

    Exercise of the right of withdrawal

    In order to exercise the right of withdrawal, the User must provide the Controller with an unambiguous notification of his intention to withdraw from the contract.

    For this purpose, the user may use the standard withdrawal form, which can be found in the "Definitions" section of this document. However, the user is free to express his intention to withdraw from the contract in another suitable form. In order to meet the deadline for exercising the right of withdrawal, the user must send the withdrawal notice before the end of the withdrawal period.

    When does the withdrawal period expire?

    • When purchasing goods, the withdrawal period ends after 14 days from the day on which the user or a third party - with the exception of the courier - has taken possession of the goods.
    • In the case of the purchase of several goods ordered together but delivered separately or in the case of the purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period ends after 14 days from the day on which the user or a third party designated by the user who is not the carrier has taken possession of the last of the goods, lots or pieces.

    Effects of withdrawal

    The Owner shall refund to the User who has duly exercised his right of withdrawal all payments received, including any delivery costs.

    However, the higher costs resulting from the choice of a shipping method other than the cheapest standard shipping method offered by the holder shall be borne by the user.

    The repayment will be made immediately and in any case within 14 days from the day on which the holder was notified of the user's decision to withdraw from the contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with the user. The user will not incur any costs as a result of the withdrawal.

    ... For contracts for the acquisition of tangible goods

    Unless the Owner has offered to collect the goods, the User shall return them to the Owner or to another person authorized by the Owner to receive them without undue delay and in any case within 14 days from the day on which the User notified the Owner of his intention to withdraw from the Contract.

    The deadline is met if the goods are handed over to the courier or other authorized person before the expiry of the above-mentioned period of 14 days. The refund may be withheld until receipt of the goods or until the user provides proof of return.

    The user shall be liable for any diminution in value of the goods resulting from the use of the goods beyond what is necessary to ascertain their nature, characteristics and functioning.

    The costs for the return are at the expense of the user.

    Guarantees

    Legal guarantee of conformity of the product

    According to the European legislation, the seller guarantees the conformity of the sold goods for a period of at least 2 years from the date of delivery. The seller is therefore obliged to ensure that the purchased goods have the promised or reasonably foreseeable quality, functionality or characteristics for at least two years from the date of delivery to the buyer.

    If the User is acting as a European consumer, the items available on DeFlorance are subject to the legal warranty of conformity of the goods under the laws of the country in which the User has his habitual residence.

    The national law of the country concerned may grant these users more extensive rights.

    Consumers who are not acting as European consumers may have conformity warranty rights under the law of the country in which they have their habitual residence.

    Satisfaction or refund for the purchase of goods

    Subject to the provisions of the law, the Owner grants the User the right to withdraw from a purchase with which the User is not satisfied within 15 days of delivery of the goods against reimbursement of the price.

    The holder will refund the price of the purchased product using the same means of payment that was used for the original transaction.
     To exercise this right, the user must send a clear message to the holder. Although the indication of a reason is not required, users are asked to indicate the reason why they want to make use of the money-back guarantee.

    Within the aforementioned period, the User must return the purchased goods to the Owner at his own expense, making sure that they are undamaged, clean and suitable for resale. The goods must be returned in their original packaging.
     Upon receipt of the goods, the Holder will check whether all the conditions of the money-back guarantee have been met and, if necessary, will refund the purchase price.

    Satisfaction or reimbursement for the purchase of services

    Subject to the provisions of the law, the Owner grants the User the right to withdraw from the purchase of a service with which the User is dissatisfied within 15 days of the conclusion of the contract.

    The holder will refund the price of the purchased product using the same means of payment that was used for the original transaction. To exercise this right, the user must send a clear message to the holder. Although the indication of a reason is not required, users are asked to indicate the reason why they want to make use of the money-back guarantee.

    The Owner will check whether all the conditions of the money-back guarantee are met, and in this case will refund the purchase amount. The user will then no longer have access to the purchased service.

    Limitation of liability and compensation

    Australian users

    Limitation of liability

    Nothing in these Terms excludes or limits any warranty, condition, indemnity, right or protection you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory laws which is a right that cannot be excluded, limited or modified in any way (a non-excludable right). To the extent permitted by law, our liability to you, including liability for breach of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, shall be limited to, at the option of the Owner, the re-provision of Services or payment of the cost of re-provision.

    US users

    Exclusion of warranty

    The Owner provides DeFlorance "as is" and subject to availability. Use of the Service is at the User's own risk. To the fullest extent permitted by law, Owner expressly disclaims all conditions, representations and warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. No advice or information, whether oral or written, obtained by User from Owner or through the Service shall create any warranty not expressly set forth herein.

    Notwithstanding the foregoing, Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees do not warrant that the Content will be accurate, reliable or correct, that the Service will be uninterrupted or secure at any particular time or location, that any defects or errors will be corrected, or that the Service is free of viruses or other harmful components. Any content you download or otherwise obtain through use of the Service is downloaded at your own risk, and you are solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or use of the Service.

    The Owner does not warrant, endorse, guarantee or assume responsibility for any products or services advertised or offered by third parties through the Service or any linked website or service. In addition, the Owner does not participate in or monitor in any way transactions between Users and third party providers of products or services.

    The Service may become inaccessible or not function properly with the user's browser, device and/or operating system. The Owner cannot be held liable for any damages resulting from the content, operation or use of the Service, whether perceived or not.

    Federal laws, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to users. This agreement gives users specific rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the fullest extent permitted by law.

    Limitation of liability

    To the extent permitted by applicable law, the Controller and its subordinates, affiliates, officers, agents, co-owners of Marks, partners, suppliers and employees shall in no event be held liable for

    • Any indirect, intentional, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising out of the use or inability to use the Service; and
    • Damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or User Account or the information contained therein;
    • any errors, omissions or inaccuracies in the content;
    • Personal injury or property damage of any kind resulting from the User's access to or use of the Service;
    • any unauthorized access to the security servers of the controller and/or to the personal data stored therein
    • any interruption or cessation of transmissions to or from the Service;
    • any bugs, viruses, Trojans or the like that may be transmitted to or through the Service;
    • for errors or omissions in any Content, or for any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Service; and/or
    • the defamatory, offensive or illegal conduct of any user or third party. In no event shall Owner and its subordinates, affiliates, officers, agents, trademark co-owners, partners, suppliers and employees be liable for any claim, suit, liability, obligation, damage, loss or expense in an amount in excess of the amount paid by User to Owner during the preceding 12 months or for the term of this Agreement between Owner and User, whichever is shorter.

    This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if the owner has been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you certain rights, and you may have other rights that vary from jurisdiction to jurisdiction. The exclusions or limitations of liability set forth in these Terms do not apply beyond the limits provided by applicable law.

    Manleva

    User agrees to defend, indemnify and hold harmless Controller and its subordinates, affiliates, officers, agents, co-owners of Trademarks, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, encumbrances or debts and expenses, including but not limited to attorneys' fees and court costs, arising out of or related to

    • the use of or access to the Service by the User, including any data or content transmitted or received by the User;
    • User's breach of these Terms, including but not limited to User's breach of any representation or warranty contained in these Terms;
    • Violation of third party rights by the user, especially rights related to privacy or intellectual property;
    • Violation by the User of any applicable law, rule or regulation
    • any content sent from the User's account, including but not limited to misleading, false or inaccurate information, and also if a third party gains access using the User's personal username and password or other security measures, if any;
    • the intentional misconduct of the user; or
    • Violation of law by the User or its affiliates, officers, agents, co-owners of trademarks, partners, suppliers and employees to the extent permitted by applicable law

    Common provisions

    No tacit waiver

    The failure of the Holder to exercise any legal right or claim under these Terms and Conditions shall not constitute a waiver thereof. No waiver shall be deemed conclusive with respect to any particular right or any other right.

    Service interruption

    In order to ensure the best possible level of service, the Controller reserves the right to interrupt the Service for maintenance, system updates or other changes, with reasonable notice to Users.

    The Data Controller reserves the right to suspend or completely terminate the Service in accordance with the law. In case of termination of the Service, the Owner shall ensure that Users can retrieve their personal data and information in accordance with the law.

    In addition, the Service may be unavailable due to causes beyond the reasonable control of the Owner, such as force majeure (e.g., strikes, infrastructure disruptions, power outages, etc.).

    Resale service

    Users may not reproduce, duplicate, copy, sell, resell or exploit DeFlorance or the Service, in whole or in part, either directly or through a legitimate resale program, without the prior written consent of the Owner.

    Privacy policy

    Information about the processing of personal data is contained in DeFlorance's Privacy Policy.

    Intellectual property

    Without prejudice to more specific provisions in the Terms, intellectual and industrial property rights such as copyrights, trademarks, patents and designs related to DeFlorance are the exclusive property of the Owner or its licensors and are protected by applicable international intellectual property laws and treaties.

    All trademarks, whether designated or figurative, and all other distinctive signs, companies, service marks, illustrations, images or logos appearing in connection with DeFlorance are and shall remain the exclusive property of the owner or its licensors and are protected by applicable intellectual property laws and international treaties.

    Changes in the conditions

    The owner reserves the right to change the conditions at any time. In this case, the owner will inform the users about the changes in an appropriate manner.

    The changes will only affect the relationship with the user in the future.

    By continuing to use the Service, you accept the updated Terms. If you do not wish to accept the changes, you must stop using the Service. If you do not accept the updated Terms, either party may have the right to terminate the Agreement.

    The previous valid version continues to regulate the relationship until its acceptance by the user. This version can be requested from the owner.

    If required by applicable law, the controller shall specify the date on which the changes to the conditions are to take effect.

    Assignment of the contract

    The Owner reserves the right to transfer, assign, sell, novate or contractually dissolve any or all of the rights and obligations arising from these Terms and Conditions, taking into account the legitimate interests of the Users.

    The provisions on the amendment of these Terms and Conditions shall apply.

    The User is not entitled to assign or transfer its rights and obligations under the Terms without the written consent of the Owner.

    Contact

    All communications relating to the use of DeFlorance should be sent to the addresses provided in this document.

    Safeguard clause

    If any provision of these Terms and Conditions is or becomes invalid or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not affect the validity and effectiveness of the remaining provisions.

    US users

    Any invalid or ineffective provision shall be construed and adapted so as to be valid and effective and consistent with its original intent.
     These Terms constitute the entire agreement between User and Owner with respect to the subject matter hereof and supersede all other communications, including prior agreements, between the parties with respect to the subject matter hereof.
     These Terms will be enforced to the fullest extent permitted by law.

    European users

    If any provision of these Terms and Conditions is or becomes void, invalid or ineffective, the parties shall endeavor to find a valid and effective provision by mutual agreement to replace the void, invalid or ineffective provision.
     If it is not possible to reach an agreement within the aforementioned periods, the void, invalid or ineffective provision shall be replaced by the applicable statutory provision, to the extent permitted or provided for by applicable law.

    Notwithstanding the foregoing, the invalidity, voidness or ineffectiveness of any particular provision of these Terms and Conditions shall not invalidate the entire Agreement unless the invalid, void or ineffective provision of the Agreement is material or of such importance that the parties would not have entered into the Agreement had they known that the provision was invalid or in cases where the remaining provisions would impose an unreasonable and undue burden on either party.

    Applicable law

    The Terms shall be governed by the laws of the place where the Holder is domiciled, as set forth in the relevant section of this document, without regard to conflict of laws rules.

    Derogation for European consumers

    However, if the User acts as a European consumer and has his habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection shall apply notwithstanding the foregoing.

    Place of jurisdiction

    The exclusive jurisdiction for all disputes arising out of or in connection with the Conditions shall be the courts of the place where the Holder is domiciled, as set out in the relevant section of this document.

    Derogation for European consumers

    The foregoing does not apply to users who are European consumers or consumers domiciled in Switzerland, Norway or Iceland.

    Dispute Resolution

    Amicable settlement of disputes

    Users may report disputes to the Controller, who will seek an amicable resolution.

    Without prejudice to the Users' right to seek legal recourse, in the event of any dispute regarding the use of DeFlorance or the Service, Users are invited to contact the Controller at the contact details provided in this document.

    The User may send a complaint to the email address of the Controller indicated in this document, providing a brief description and, if applicable, details of the order, purchase or account in question.

    The controller shall process the request without undue delay and within 21 days of its receipt.


    For more information, you can contact us at info@deflorance.com, we will reply as soon as possible!