The user can access ladymary.com by navigating in this area. The navigation and transmission of a purchase order on the site imply the acceptance of the Conditions and Data Protection Policies adopted by the site itself indicated therein.
These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site ladymary.com in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) and Articles 1341 and 1342 of the Civil Code, by:
company: Flower Innovation GmbH
head office: Esterhazygasse 34, 1060 Wien, Österreich
Before accessing the products provided by the site, the user is required to read these General Conditions of Sale, which are generally and unequivocally accepted at the time of purchase.
The user is invited to download and print a copy of the purchase form and these General Conditions of Sale whose terms Flower Innovation GmbH reserves the right to modify unilaterally and without notice.
You can use the site and then access products provided by the same and purchase these in the following languages:
The term „online sales contract“ means the contract of sale relating to the Supplier’s movable tangible property, stipulated between the Supplier and the Purchaser consumer within a system of distance sales through telematic means, organized by the Supplier.
1.2. The term „Consumer/ User Purchaser“ means the consumer who is a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity. The „Buyer enterprise“ is different, as it makes purchases on behalf of the commercial or professional activity that it may have carried out.
1.3. The term „Supplier“ refers to the person indicated in the epigraph or the subject providing information and sales services.
These General Terms and Conditions of Sale govern the offer, transmission and acceptance of purchase orders for products on ladymary.com and do not, however, govern the provision of services or sale of products by parties other than the seller who are present on the same site through links, banners or other hypertext links.
Before placing orders and purchasing products and services from different parties, we suggest you check their terms of sale.
3 Conclusion of the contract
To conclude the purchase contract, you will need to fill out the form: http://ladymary.com/orders in electronic format and send it following the instructions.
It contains the reference to the General Conditions of Sale, images of each product and the relative price, the means of payment that can be used, the delivery methods of the products purchased and the related shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal, terms and times of return of products purchased.
Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
The contract is concluded when the seller receives http://ladymary.com/oders, after verification of the accuracy of the data contained therein.
The buyer will be obliged to pay the price from the moment the online order forwarding procedure is concluded. This will be done by clicking the: Buy button at the end of the wizard.
Once the contract has been concluded, the seller takes charge of the order for its execution.
4 Registered users
In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide their personal data correctly and truthfully.
The confirmation must be communicated within 7 days at the latest, after which, in the absence of confirmation, Flower Innovation GmbH will be released from any commitment towards the user.
The confirmation will in any case exempt Flower Innovation GmbH from any responsibility regarding the data provided by the user. The user undertakes to promptly inform Flower Innovation GmbH of any change in his data at any time communicated.
If the user communicates incorrect or incomplete data or even if there is a dispute by the interested parties about the payments made, Flower Innovation GmbH will have the right not to activate or suspend the service until the remedy of the relevant shortcomings.
When the user first requests to activate a profile, Flower Innovation GmbH will assign the user a username and password. The latter acknowledges that these identifiers constitute the system for validating the user’s access to the Services and the only system capable of identifying the user that all the acts performed through such access will be attributed to him and will have binding effect on him.
The user undertakes to keep his access data secret and to keep them in safe custody with due care and diligence and not to transfer them, even temporarily, to third parties.
5 Product availability
The availability of products refers to the actual availability at the time the buyer places the order. This availability should however be considered purely indicative because, due to the simultaneous presence on the site of more than one user, the products could be sold to other customers before the order confirmation.
Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically rectified with the elimination of the product not available and the buyer will be immediately informed by e-mail.
If the buyer requests the cancellation of the order, by cancelling the contract, Flower Innovation GmbH will refund the amount paid within 14 days from the time when Flower Innovation GmbH became aware of the buyer’s decision to terminate the contract.
6 Products offered
Flower Innovation GmbH markets:
Accessorize: Grinder, Twisty Glass Blunt, Portable vaporizer
Inflorescences: Flower Power, First Lady, First Lady Violet edition, Queen Mother, Les Fleurs du Bien, Flower Art, Light Mary
Food:Tisan and hemp-based foods
The offer is detailed at http://ladymary.com/shop
7 Payment methods and prices
The price of the products will be the price indicated on the website from time to time, unless there is a manifest error.
In case of error Flower Innovation GmbH will inform the buyer as soon as possible allowing the confirmation of the order at the right amount or cancellation. In any case, Flower Innovation GmbH will not be obliged to supply what has been sold at the lower price incorrectly indicated.
The prices of the site are inclusive of VAT, not including shipping. Prices may change at any time. Changes do not affect orders for which order confirmation has already been sent.
Once the products are selected they will be added to the cart. Simply follow the purchase instructions, entering or checking the information required at each stage of the process. The order details can be changed before payment.
Payment can be made by: Bank transfer, paypal, credit card and stripe.
Flower Innovation GmbH carries out shipments in the following geographical areas: Italy, Europe and the Mediterranean Basin.
Delivery is made as per http://ladymary.com/ordine within the date indicated in the same, if no delivery date is specified, within the estimated time limit at the time of selection of the delivery method and, in any case, within a maximum of 7 working days from the date of confirmation.
If delivery is not possible, the order will be sent to the deposit. In this case, a notice will specify the place where the order is located and how to agree on a new delivery.
If you are unable to be present at the place of delivery at the agreed time, we ask you to contact us again to agree on a new delivery date.
If delivery cannot take place for reasons beyond our control after 15 days from the date on which the order is available for delivery, we shall assume that we intend to terminate the contract.
As a result of the termination the amounts will be returned, including delivery costs but excluding any additional costs arising from the choice of a delivery method other than the ordinary method offered without undue delay and in any case within 14 days from the date of termination of the contract. The carriage resulting from the termination of the contract may have additional costs that will be borne by the buyer.
Shipping costs are at the expense of the purchaser and are explicitly highlighted at the time of ordering.
9 Passing of risk
The risks related to the products shall pass to the purchaser from the moment of delivery to the transporter. Ownership of the products is considered acquired as soon as the full payment of all amounts due in relation to the same, including shipping costs, has been received, or at the time of delivery, if this occurs at a later date.
10 Warranty and commercial compliance
The seller is responsible for any defect in the products offered on the site, including the non-conformity of the items with the products ordered, in accordance with the provisions of Italian legislation.
If the buyer has entered into the contract as a consumer or any natural person acting on the site for purposes other than his business or profession, this warranty is valid on condition that the defect occurs within 24 months of the date of delivery of the products, that the buyer lodges a formal complaint about the defects within a maximum of 14 days in the case that the buyer is a consumer, in all other cases within 8 days from the time of discovery
In case of non-compliance, the purchaser who has stipulated the contract as a consumer will have the right to obtain the restoration of conformity of the products without charge, through repair or replacement, or to obtain an appropriate price reduction or termination of the contract for the goods and the resulting refund of the price.
All costs of returning defective products will be borne by the seller.
11 Limitations of Liability
The Supplier shall not be liable for any inefficiencies due to force majeure if he is unable to execute the order within the time limits set out in the contract.
11. 2 The Supplier shall not be held liable towards the Purchaser, consumer, except in the case of fraud or gross negligence, for any malfunction or malfunction connected to the use of the Internet outside its control or that of its subcontractors.
11.3 The Supplier shall not be liable for damages, losses and costs suffered by the Purchaser as a result of non-performance of the contract for reasons not attributable to him, since the Purchaser consumer is entitled only to full refund of the price paid and any ancillary charges incurred.
11. 4 The Supplier does not assume any responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, cheques and other means of payment for the payment of products purchased, if he demonstrates that he has taken all possible precautions based on the best science and experience of the time and on ordinary diligence.
11. 5 In no case may the Purchaser, the consumer, be held responsible for delays or misunderstandings in payment if he proves that he has made the payment in the time and manner indicated by the Supplier.
15 Safeguard clause
In the event that one of the clauses of these General Conditions of Sale is null and void for any reason, this will not affect in any case the validity and compliance with the other provisions of these Ge Conditions
12 Liability for defect, proof of damage and damages: Supplier’s obligations.
12.1. According to articles 114 and following of the Consumer Code, the Supplier is liable for damage caused by defects in the goods sold if he fails to inform the Damaged within 3 months of the request, the identity and address of the producer or the person who supplied him with the goods.
12.2. The aforementioned request, by the Damaged party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer for viewing the product, if still existing.
12.3. The Supplier cannot be held responsible for the consequences of a defective product if the defect is due to the conformity of the product, to a mandatory legal standard or to a binding measure, or if the state of scientific and technical knowledge at the time when the manufacturer put the product into circulation did not yet allow the defective product to be considered.
12.4. No compensation will be due if the Damaged party has been aware of the defect in the product and the resulting danger and has nevertheless voluntarily exposed itself to it.
In accordance with the legal provisions in force, the purchaser, only in the case in which he is a consumer, has the right to withdraw from the purchase without penalty and without specifying the reason, within 14 days pursuant to art. 57 of Legislative Decree 206/2005, effective from the date of receipt of the products.
In the case of multiple purchases made by the buyer with only one order and delivered separately, the period of 14 days starts from the date of receipt of the last product.
The purchaser who intends to exercise the right of withdrawal must notify Flower Innovation GmbH by explicit declaration, which can be sent by registered letter with return receipt or by accessing the section: http://ladymary.com/termini-e-condizioni/ on the site with the creation of a file.
The purchaser must also exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively send the standard withdrawal form, as set out in Annex I, Part B, Legislative Decree 21/2014 is not mandatory.
The goods must be returned to:
Flower Innovation GmbH
Esterhazygasse 34, 1060 Wien, Österreich
The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of products subject to withdrawal within a maximum of 30 days after the return of the order, as provided by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the site may suspend the refund until receipt of goods or until proof is received from the buyer that the goods have been returned.
The site will make the refund using the same means of payment chosen by the buyer when purchasing within 30 days of the complaint and recognition of the defect by the supplier. In the case of payment by bank transfer, and if the buyer intends to exercise his right of withdrawal, must provide the bank details: IBAN, SWIFT and BIC necessary to make the refund.
14 Data processing
15 Safeguard clause
Should one of the clauses of these General Conditions of Sale be null and void for any reason, this shall not in any case compromise the validity and compliance with the other provisions of these General Conditions of Sale.
All requests for information may be sent by e-mail to the following address: email@example.com, by telephone to the following address: +39 039 9110315, by post to the following address:
Esterhazygasse 34, 1060 Wien, Österreich
17 Applicable law and competent court
These General Terms and Conditions of Sale are governed by and construed under Austrian law, unless otherwise mandatory rules prevail in the country of habitual residence of the buyer. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Austrian law and any disputes arising from and/or as a consequence of the same shall be settled exclusively by the Austrian court. In particular, if the purchaser is a Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the same according to the applicable law.
These conditions were drawn up on 26/04/2018