General Terms and Conditions
ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following definitions apply:
Withdrawal period: the period during which the customer has the right to cancel the contract without giving any reason;
Consumer: a person acting outside the scope of their business activity who concludes a distance contract with the seller;
Durable medium: any means that enables information addressed personally to the customer to be stored in a way that allows its future use;
Withdrawal from the contract: the legal right of the consumer to cancel a concluded contract within the specified period;
Seller: an entity offering goods or services to customers through distance communication;
Distance contract: an agreement concluded exclusively through the use of distance communication technology;
Distance communication: any means of concluding a contract without the simultaneous physical presence of both parties;
Terms and conditions: these general conditions applicable to the seller’s business activities.
ARTICLE 2 – COMPANY INFORMATION
Modeflora.com
E-mail: info@modeflora.com
Phone: +420 736 352 753
ARTICLE 3 – SCOPE OF APPLICATION
These terms apply to every offer and every contract concluded between the seller and the customer via the internet or any other form of remote communication.
If the contract is concluded electronically, the customer must have access to these terms before its conclusion. If this is not technically possible, it will be clearly stated where the terms can be downloaded or requested free of charge.
If, in addition to these terms, specific product or service conditions also apply, the more favorable provisions for the customer shall prevail.
The invalidity of any provision does not affect the validity of the remaining provisions. It shall be replaced by a new provision that most closely reflects the original purpose.
Questions and ambiguities of interpretation shall be assessed in accordance with the spirit of these terms and conditions.
ARTICLE 4 – OFFER
Each offer shall be clear, accurate, and include any limitations of validity or conditions.
Offers are not legally binding, and the seller reserves the right to modify them.
Descriptions of products and services shall be complete and accurate so that the customer can make an informed decision. Product images will reflect reality, although color shades may vary depending on the display.
Obvious errors in the offer do not entitle the customer to compensation.
The offer shall include in particular:
- the price excluding import duties and fees – these are borne by the customer,
- delivery costs, if charged,
- information about the possibility of withdrawal from the contract,
- payment and delivery methods,
- the validity period of the offer or price,
- information on whether the contract will be stored and how to access it,
- how the customer can review and correct data before confirming the order,
- available languages for concluding the contract,
- codes of conduct or regulations the seller adheres to,
- any optional information – available sizes, colors, or materials.
ARTICLE 5 – CONCLUSION OF THE CONTRACT
The contract is concluded at the moment the customer accepts the offer and fulfills the conditions stated in the order.
In the case of an online order, an electronic confirmation is sent to the customer without delay. Until it is received, the customer may withdraw from the contract.
The seller shall ensure appropriate technical and organizational measures to protect data and maintain a secure online environment. If online payment is available, appropriate security measures will be used.
The seller is entitled to verify the customer’s creditworthiness, and if there are justified doubts, may refuse the order or impose special conditions – these must be communicated to the customer.
After the conclusion of the contract, the customer will receive the following information in writing (or electronically on a durable medium):
- the contact address for handling complaints,
- the procedure for withdrawal from the contract, or information if it is not possible,
- details of warranties and after-sales service,
- a summary of the main points of the contract as per Article 4, if not previously provided,
- the conditions for terminating the contract if it lasts longer than 1 year or is indefinite.
For recurring deliveries of goods, this information is provided only with the first delivery.
The validity of the contract is subject to the availability of goods in stock.
ARTICLE 6 – RIGHT OF WITHDRAWAL
When purchasing goods, the customer has the right to withdraw from the contract without giving any reason within 14 days from receipt of the goods.
During this period, the customer should handle the goods with care and unpack them only to the extent necessary to assess their nature and functionality.
If the customer decides to withdraw, they must return the goods in their original condition and, if possible, in the original packaging, including all accessories, in accordance with the seller’s instructions.
The seller must be informed of the withdrawal within 14 days of receipt – in writing or by email. The customer then has an additional 14 days to return the goods. It is recommended to keep proof of shipment.
If the customer does not notify the withdrawal or return the goods within the above time limits, the contract remains valid.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
If the customer exercises their right of withdrawal, they shall bear the cost of returning the goods.
If payment has already been made, the amount will be refunded no later than 14 days after confirmation of receipt of the returned goods or after proof of shipment has been provided.
ARTICLE 8 – EXCEPTIONS TO WITHDRAWAL
The seller may exclude the customer’s right of withdrawal only for those products or services for which this is explicitly stated before the conclusion of the contract.
Exclusion is possible for products:
- made according to the customer’s individual request,
- that are clearly personalized,
- that cannot be returned for hygiene reasons,
- that are subject to rapid deterioration,
- whose price depends on financial market fluctuations,
- newspapers, magazines, or periodicals,
- audio/video media or software with broken packaging,
- hygiene goods with broken packaging.
For services, withdrawal may be excluded if:
- they relate to accommodation, transport, catering, or leisure activities with a fixed date,
- the service has been provided with the customer’s explicit consent before the withdrawal period has expired,
- they concern betting or lotteries.
ARTICLE 9 – PRICES
During the stated validity period of the offer, prices will not increase, except for changes caused by adjustments in VAT rates or legal regulations.
The seller reserves the right to offer products with prices dependent on market fluctuations beyond their control. These fluctuations and the fact that prices are indicative must be clearly stated in the offer.
A price increase within three months after the conclusion of the contract is only possible in the event of legislative changes. A price increase after three months is permissible only if explicitly agreed and the customer has the option to terminate the contract on the effective date of the increase.
According to Czech VAT law, the place of supply is considered to be the country from which the shipment is sent. If delivered outside the EU, VAT is not charged, but the customer is obliged to pay any customs duties or other import charges.
In the case of printing or system errors in prices, the seller is not liable and is not obliged to deliver goods at the incorrectly stated price.
ARTICLE 10 – COMPLIANCE AND WARRANTIES
The seller guarantees that the offered products comply with the agreement, the description in the offer, and the usual requirements for their usability and durability.
Any warranty provided by the manufacturer or importer does not limit the consumer’s statutory rights.
Any defects must be reported in writing within 14 days of delivery. The goods must be returned in their original packaging and undamaged.
The warranty period corresponds to the length of the warranty provided by the manufacturer. The seller does not guarantee that the product will be suitable for the customer’s specific purposes.
The warranty does not apply to products that have been:
- modified or repaired without the seller’s consent,
- used contrary to instructions,
- damaged as a result of changes in legislation or government measures.
ARTICLE 11 – DELIVERY AND ORDER FULFILLMENT
The seller shall process orders with care and responsibility.
The order will be delivered to the address provided by the customer when placing the order.
Unless otherwise agreed, the order will be delivered within 14 days. In case of delay, the customer will be informed. If the seller cannot fulfill the order in time, the customer may withdraw from the contract free of charge and is entitled to a refund.
If it is not possible to deliver the ordered product, alternative goods may be offered. In that case, the customer will be informed and still has the right to withdraw from the contract. The seller bears the return costs.
The risk of damage or loss of goods passes to the customer only upon delivery.
ARTICLE 12 – DURATION OF THE CONTRACT, TERMINATION AND RENEWAL
Termination
The customer may terminate a contract for an indefinite period concerning the regular delivery of goods or services at any time, with a notice period of no more than one month.
Fixed-term contracts may be terminated at the end of the agreed period, also with a maximum notice period of one month.
The customer always has the right to terminate the contract:
- at any time, without restriction to a specific date,
- in the same manner in which the contract was concluded,
- with a notice period equal to that set by the seller for themselves.
Renewal
Fixed-term contracts may not be automatically renewed for another fixed period.
An exception may be an extension of up to three months for periodicals, provided that the contract can be terminated at the end of the extended period with a one-month notice period.
Contracts may be automatically renewed for an indefinite period only if the customer may terminate the contract at any time with a one-month notice period (or three months in the case of less frequent delivery of periodicals).
Trial subscriptions are not automatically renewed and end after the agreed period expires.
Duration
If the contract lasts longer than one year, it may be terminated at any time after the first year with a notice period of one month, unless otherwise specified in accordance with principles of fairness.
ARTICLE 13 – PAYMENTS
Unless otherwise agreed, the customer shall pay the amount within 7 working days from the start of the withdrawal period, as stated in Article 6.
For contracts for the provision of services, this period begins upon receipt of confirmation of the conclusion of the contract.
The customer is obliged to immediately inform the seller of any discrepancies in payment details.
In case of late payment, the seller is entitled – subject to legal limitations – to charge reasonable costs, provided the customer has been informed in advance.
ARTICLE 14 – COMPLAINT HANDLING
Complaints regarding the performance of the contract must be submitted as soon as possible after the defect is identified, preferably in writing, with a clear description of the issue.
The seller will respond to each complaint within 14 days. If more time is required, the customer will be informed within 14 days about the receipt of the complaint and the expected response time.
Submitting a complaint does not suspend the seller’s legal obligations unless stated otherwise in writing.
If a complaint is deemed justified, the customer is entitled to a free replacement or repair of the goods at the seller’s discretion.
ARTICLE 15 – GOVERNING LAW
All contracts between the customer and Modeflora.com are governed exclusively by the laws of the United States of America, regardless of the customer’s place of residence.
ARTICLE 16 – SMS MARKETING
By consenting to receive SMS messages from Modeflora.com (e.g., during checkout or registration), you agree to receive marketing messages, abandoned cart reminders, and transactional information via SMS.
Consent is not a condition of purchase. The number of messages may vary. If you no longer wish to receive messages, reply STOP to any SMS or use the unsubscribe link included in the message.
Alternative opt-out methods (e.g., using a different word than STOP) will not be accepted. The seller does not charge for this service, but the customer and their mobile operator are responsible for any messaging fees.
If you have questions, reply with HELP (HJELP) or contact us via https://www.modeflora.com/pages/contact.
We reserve the right to change the phone numbers or short codes used for sending SMS messages at any time. If you send a message to an old number or code, it may not be delivered and the seller is not responsible for this.
To the maximum extent permitted by law, Modeflora.com is not liable for errors, delays, or misdelivery of SMS messages, nor for any actions taken based on their content.
The protection of your personal data is important to us. Details can be found in the privacy policy.