Terms and conditions
The website www.thetulipandtheroseshop.ro is the official website of SC The Tulip and The Rose Shop SRL, with registered office in Bld. Independentei 2A/4, Baia Mare, county. Maramures, registered at the Trade Register under no. J24/1357/2017, having CUI/CIF 37976573, hereinafter referred to as The Tulip and The Rose Shop.
This site was created in order to offer the possibility of placing orders online.
Access to this website as well as its use are permitted in accordance with the terms and conditions below, as well as with the applicable legal provisions in this field.
The acceptance of the terms and conditions is achieved, at the time of creating the customer account, with the selection of the option “I have read and accept the terms and conditions”. Selecting it and the validation button indicates that you agree to comply with the terms and conditions of The Tulip and The Rose Shop, which you have read, understood and accepted in full.
Customer – any natural person over the age of 18 who accesses The Tulip and The Rose Shop website, by creating and using an account and who has agreed to these general terms and conditions.
Order – represents the intention of the buyer to purchase products from the website transmitted to the seller, through the website.
Account – the section of the website made up of fields intended to be completed with the e-mail address and a password that allows the customer to submit the order. The account contains information about the customer, including a history of his orders.
Contract – means the present terms and conditions document and establishes the general conditions for the online sale of products by The Tulip and The Rose Shop, as well as the rights and obligations of the seller and the customer and produces the effects of a contract concluded at a distance between the seller and the buyer under the terms of OG 130/2000.
Shopping basket – the online form of the basket composed of all the products selected by the customer from the website for purchase.
Buyer – The customer who places an order.
Delivery fee – the amount the customer owes the seller as a result of home delivery. The delivery fee is included in the final price of the order.
Transaction – collection or reimbursement of an amount resulting from the sale of a product by The Tulip and The Rose Shop by using the services of the payment processor agreed by the seller, regardless of the delivery method.
The Tulip and The Rose Shop – The Tulip and The Rose Shop SRL with registered office bld Independentei 2A/4, Baia Mare, county Maramures, registered at the Trade Register under no. J24/1357/2017, having CUI/CIF 37976573
The site specializes in online sales, mostly of food products.
The users of this site are expressly forbidden to use both the site and the services made available through it, for the purpose of uploading, downloading, publishing or transmitting any information whose content is illegal or contrary to good morals and public order (for example: it is defamatory, offensive, threatening, abusive, vulgar, obscene, affects the right to privacy of other people, incites violence or racial, ethnic hatred or has a character intimidating).
This document establishes the contractual conditions applicable to all purchases made through the website www.thetulipandtheroseshop.ro, based on and with the application of the provisions of GEO no. 34/2014 transposing at national level the provisions of Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011 regarding the rights of consumers to conclude and execute distance contracts.
The Tulip and The Rose Shop reserves the right to modify the content, structure and way of accessing the site depending on the changes that take place regarding the products and offers posted on the site and its own internal procedures. Continuing to use the website by ordering and purchasing products is considered the customer’s acceptance. In case of modification of these terms and conditions, The Tulip and The Rose Shop will inform the customer about this, the continued use of the account being possible only under the conditions of his acceptance of the new terms and conditions.
Customer registration When registering an order on the website, the buyer implicitly gives his consent to the manner in which The Tulip and The Rose Shop will send him the details related to the order (notifications) by e-mail. The contract is considered concluded when the buyer receives the order dispatch notification sent by The Tulip and The Rose Shop via e-mail.
Only people who select an address in Romania for the delivery of the order and who register on the website www.thetulipandtheroseshop.ro according to the below can order online. Registering on the website, as well as placing an order, implies the buyer’s implicit agreement regarding the terms and conditions and the manner in which The Tulip and The Rose Shop will communicate order details.
In order to place an order, the natural person who has reached the age of 18 will register on the site by creating an account, indicating his e-mail address, name, surname, date of birth, telephone number, address and defining a password.
The customer is solely responsible for the consequences arising from the use of the site, as well as for any material, intellectual, electronic or any other kind of damage, in accordance with the applicable legislation in the field. The Tulip and The Rose Shop reserves the right to restrict/suspend the customer’s ability to place orders on the site, if it considers that his actions on the site could cause him any harm. In such a situation, the customer can contact the customer relations department of The Tulip and The Rose Shop.
By accepting these “terms and conditions”, the customer assumes compliance with the provisions of Law no. 349 /2002 and of Law no. 61/1991 regarding the ban on selling alcoholic beverages and cigarettes to minors. The Tulip and The Rose Shop cannot be held responsible in any situation where the customer uses false/incorrect information regarding age to register/authenticate on the website.
The Tulip and The Rose Shop can publish on the website information about products and/or promotions valid in a certain period of time and within the limit of available stock. The Tulip and The Rose Shop reserves the right to refuse any order for legitimate reasons.
All the information used to describe the products available on the site (static / dynamic images / multimedia presentations / etc.), do not represent a contractual obligation of the seller, but exclusively a way of presentation, with an informative purpose.
To place an online order on the website, the customer must complete the following steps:
- To authenticate, and if the customer does not already have a customer account on the site, he must create an account.
- To add products to the cart by selecting the add to cart button whenever he identifies products he wants to order immediately. The added products will be displayed in the “shopping cart” section at the top of the site.
- Once added to the shopping cart, a product is available for purchase as long as there is stock available for it. Adding a product to the shopping cart, in the absence of completing the order, does not entail the registration of an order, implicitly neither the automatic reservation of the product.
- To select the payment method: online with card or cash and specify if he wants the invoice for his order.
- On the order completion page, the customer can check the details of the order: ordered products, quantities, order value, delivery type and payment method. After placing the order or after the bank details have been verified by the payment processor, the customer receives an e-mail confirming the launch of the order, to the e-mail address associated with his account.
- We specify that the order confirmation message does not mean acceptance of the order by The Tulip and The Rose Shop. This will take place later by the transmission by The Tulip and The Rose Shop of the e-mail confirming the shipment and the issuance of the tax receipt related to the final value of the shipment. The contract will relate only to those products listed in the dispatch confirmation.
- The dispatch of the order depends on the availability of the products in The Tulip and The Rose Shop stocks. In the event of supply difficulties or if the products are no longer in stock, The Tulip and The Rose Shop will have the right to inform the customer about the replacement of the products with products of equal quality and value in stock. If the replacement of the products is not desired and if The Tulip and The Rose Shop has already received the payment related to the ordered products, any amount of money paid for the order will be refunded in full.
The prices displayed on the website are informative and can be changed unilaterally by The Tulip and The Rose Shop. Any price change by The Tulip and The Rose Shop will not affect an order confirmed by The Tulip and The Rose Shop. Prices do not include delivery costs.
By completing the order, the customer agrees that all the data provided by him necessary for the purchase process are correct and complete.
Each order placed on the site will be assigned a unique order number, which can be used to track and identify it.
The order once placed can only be changed at the express request of the customer, by a The Tulip and The Rose Shop Call Center operator.
Placing an order implies acceptance by the customer of the prices and the description of the products offered for sale. Customers are encouraged to read the page of each product to know its characteristics, and for complete information to check the labeling of the products when picking up the order and before any consumption or use, and, if necessary, to make use of their right of withdrawal.
The Tulip and The Rose Shop can cancel the order made by the buyer, following a prior notification to the buyer, without any subsequent obligation of either party to the other or without any party being able to claim damages from the other in the following cases:
- non-acceptance by the issuing bank of the buyer’s card, of the transaction, in the case of online payment;
- invalidation of the transaction by the card processor approved by The Tulip and The Rose Shop, in the case of online payment;
- the data provided by the client on the website are incomplete and/or incorrect.
In the event that a product ordered by the buyer cannot be delivered by the seller, the latter will inform the customer of this fact and will return to the buyer’s account the counter value of the product, within a maximum of 14 days from the date of transmission of the notification. The order that was not picked up/received within 72 hours from the date and time slot selected at the time of placing the order, will be canceled by the seller. In this case, the amount paid online will be available in the customer’s account within a maximum of 14 days from the date of cancellation of the order by the seller.
Payment methods and prices
The price and payment method are specified in each order. The selling price of the products is the one in force at the time of placing the order, it is expressed in lei and includes VAT. The Tulip and The Rose Shop conducts its operations in lei and will not apply any additional commission or surcharge for transactions related to orders. However, considering that the transactions have an international character, due to the fact that the payment processor and the accepting bank are located in another state, it is possible that certain costs for the buyer may arise, as a result of currency exchanges or bank commissions for international transactions, according to the terms and conditions agreed between the issuing bank and the consumer. For this reason, in the case of payment by card, if the amounts debited from a buyer’s card in connection with a transaction or reimbursed to the card differ from the price displayed at the end of the order or from the confirmed amount that was to be reimbursed, we ask the buyer to contact the bank that issued the card, to receive more information about bank commissions and currency exchange costs, and if you encounter difficulties in clarifying the situation in relation to the issuing bank, please contact us contact by phone 0722181734 or by email email@example.com
At the buyer’s request, The Tulip and The Rose Shop will be able to issue and send to the buyer the tax invoice related to the order, under the conditions of the customer’s transmission of the necessary data according to the law for its preparation. The fiscal invoice in physical format will be delivered to the buyer with the order. The invoicing of the purchased products is done exclusively in lei.
The buyer has two payment methods available for orders made on the website: online payment with a bank card and cash payment on delivery.
In the case of making an online payment with a bank card (Visa Classic/Electron, MasterCard, Maestro), the customer is directed to a secure payment page to complete and validate the payment. All types of cards issued by Romanian and foreign banks under the VISA and MasterCard logos are accepted, provided that the issuing banks have activated the online payment option.
The Tulip and The Rose Shop does not request or store any information related to the customer’s bank card, these being processed directly through the secure systems of the online payment service provider. The bank card processor agreed by The Tulip and The Rose Shop has the right to access/view any type of data/documents, generated following an order issued, canceled orders, valid contract or canceled contract, to investigate any transaction, if it exists.
If you choose to pay in cash, the payment is considered completed when the amount is paid to the representative of the courier company.
The Tulip and The Rose Shop will debit the client’s current account with the amounts representing the value of the products ordered and delivered, according to the order confirmation message sent to the buyer. In the case of cash payment, The Tulip and The Rose Shop will receive the amounts representing the value of the ordered products and the delivery fee through the representative of the courier company, at the time of order delivery.
In the case of online payments, The Tulip and The Rose Shop is not/cannot be held responsible for any other additional costs incurred by the customer, including but not limited to currency conversion fees applied by the card issuing bank, if the issuing currency differs from lei. The responsibility for this action is borne by the client alone.
Delivery of products
According to the customer’s option, the products ordered by the customer will be delivered by courier to the address indicated by the buyer.
When picking up the order, the customer will ensure that the products do not show any visible degradation, and the content is in accordance with the order made (quantity, nature of the products, etc.). After collection, the customer becomes responsible for their preservation.
All information regarding the value of the order, the delivery fee, as well as information regarding possible discounts and vouchers are available on the website, in the “my basket” section when placing the order.
The ordered products will be delivered to the address indicated by the customer during the ordering process. The customer undertakes to be present to receive the order at the address indicated in the order.
The customer has the obligation to verify the correctness of the information provided regarding the delivery address before validating the order. In case of errors when entering the delivery data (street, block, number, floor, contact person, phone number) The Tulip and The Rose Shop will not be held responsible for the impossibility of delivering the order.
At the request of the courier, the customer will provide proof of his identity and communicate the order number.
If the customer is unable to receive the order, the order will be left at the specified address only to a person over the age of 18 and only if the order number is communicated to the courier.
An order cannot be delivered if a customer does not meet the conditions mentioned above.
The customer must ensure that he can receive the order placed on the website and facilitate the courier’s access to the location mentioned in the order. If the courier cannot have access to the communicated address, the delivery will not be honored.
The delivery is considered to be fulfilled by The Tulip and The Rose Shop, at the time of delivery of the ordered products to the customer at the address selected by him at the time of order validation.
In the event of exceeding the time interval provided for pick-up/delivery, The Tulip and The Rose Shop or the representative of the courier company will inform the customer by SMS or phone and will agree with him to extend the delivery period by a new period.
At the end of the extension period, not completed by picking up/receiving the products, The Tulip and The Rose Shop reserves the right to cancel the order, in which case the amounts paid online by bank card will be refunded to the customer within a maximum of 14 days from the date of cancellation of the order by The Tulip and The Rose Shop, and in the case of cancellation of the order by the customer following the non-compliance with the delivery obligation by The Tulip and The Rose Shop according to the above, the refund period will be 7 days.
The delivery fee will be displayed both when the order is placed and after its completion.
Guarantees and product returns
The Tulip and The Rose Shop, depending on the product purchased, grants a guarantee according to the provisions of Law 449/2003 on the sale of products and their associated guarantees (“Law no. 449/2003”).
Upon receipt of the goods, the customer is encouraged to ensure that the delivered products meet his expectations in terms of quality and quantity.
In accordance with art. 11 of Law 449/2003, each customer can request, in case of non-compliance, first of all the repair of the product or can request the replacement of the product, in each case without payment, except for the situation in which the measure is impossible or disproportionate. The replacement of the product is possible within the limits of the available stock. If the customer returned a product because it had manufacturing defects, and the seller does not have a suitable replacement product, he will return the value of the respective product to the customer.
The customer can return within 24 hours the products purchased on the website, in the following situations:
- The packaging has severe damage,
- The products were delivered/invoiced incorrectly;
- The products do not comply with the content mentioned at the time of the order;
- Products with quality defects.
The Tulip and The Rose Shop can refuse products returned by its customers, if the return falls under one of the following cases, without the latter being able to claim damages or compensation:
- In case of replacing the purchased product with another product or of a different type,
- If the returned product is not in the same condition in which it was delivered (e.g. in the original packaging with all accessories, intact labels and accompanying documents).
If it is not possible to bring the non-compliant products into compliance or to replace them, the refund of the value of the respective products will be made within no more than 24 hours from the return of the non-compliant product to the courier.
Right of withdrawal
In accordance with art. 9 para. 1 of the Emergency Ordinance no. 34/2014 regarding the rights of consumers in contracts concluded with professionals, as well as for the modification and completion of normative acts (“EOG no. 34/2014”), the client has the right to unilaterally terminate the contract, within 14 (fourteen) days, without penalties and without citing any reason. The 14-day period runs from the date on which the customer or a third party, other than the carrier and indicated by the customer, takes physical possession of the products. In this case, the direct costs of returning the products will fall, according to the law, to the customer. However, depending on the products ordered, in accordance with the provisions of art 16 of GEO no. 34/2014, the restrictions provided below will apply.
The customer is only responsible for the reduction in the value of the products resulting from their handling, different from what is necessary to determine the nature, characteristics and functioning of the products.
In the event that the client notifies the intention to unilaterally terminate the contract according to this chapter, the seller has the obligation to reimburse the sums paid by the client, including delivery costs, without undue delay, but no later than 14 days from the date on which he is informed of the client’s decision to withdraw from the contract. The Tulip and The Rose Shop refunds the aforementioned amounts using the same payment method as the one used by the buyer for the initial transaction.
With the exception of the case in which The Tulip and The Rose Shop has offered to recover the products itself, it can postpone the reimbursement until the date of receipt of the products that were the subject of the sale or until the moment of receipt of proof from the customer that he has sent the products to The Tulip and The Rose Shop, taking into account the closest date.
The products will be returned by courier and only accompanied by the related documents. The Tulip and The Rose Shop recommends that the customer who wishes to exercise his right of return inform the customer relations service. The costs related to the return of the products are borne by the buyer.
The Tulip and The Rose Shop does not ask its customers through any means of communication (e-mail/telephone/SMS/etc) for information regarding confidential data such as accounts/bank cards or personal passwords.
The customer assumes full responsibility for the disclosure of his confidential data to a third party.
The Tulip and The Rose Shop disclaims any responsibility, in the event that a customer is/is harmed in any way by a third party who claims to be/represent the interests of The Tulip and The Rose Shop. The customer will inform The Tulip and The Rose Shop about such attempts, using the contact details indicated by The Tulip and The Rose Shop.
The Tulip and The Rose Shop does not promote SPAM. Any customer who has explicitly provided his e-mail address in the online store can opt to deactivate the customer account related to this e-mail address or to unsubscribe from receiving newsletters/other commercial/promotional communications.
The communications made by The Tulip and The Rose Shop through electronic means of remote communication contain complete and compliant identification data of the sender or links to them, on the date of transmission of the content.
None of the parties will be responsible for non-execution or improper execution of its contractual obligations, if such non-execution on time and/or properly, in whole or in part, is due to a force majeure event. Force majeure is the unforeseeable event, beyond the control of the parties and which cannot be avoided.
If, within 15 (fifteen) days from the date of its occurrence, the said event does not cease, each party will have the right to notify the other party of the full termination of the contract without any of them being able to claim other damages-interests from the other.
Limitation of liability
The Tulip and The Rose Shop cannot be held responsible in any way to any customer who uses the site or its content, other than within the limits of the provisions written in the terms and conditions.
The Tulip and The Rose Shop does not guarantee the customer access to the service offered through the website, in the absence of registration by the latter, by going through the registration stages mentioned in the terms and conditions and does not grant him the right to download or modify partially and/or fully the content, to reproduce partially or fully the content, to copy, or to exploit any content in any other way or to transfer to any third party any content on which he has and/or obtained access, based on a user agreement, without the prior written consent of The Tulip and The Rose Shop.
The SC The Tulip and The Rose Shop SRL website may contain related links (called hyperlinks or links), which allow automatic connection to different Internet sites. These related sites are owned and operated by third parties. The Tulip and The Rose Shop is not responsible for the content, quality or nature of other sites reached through links from the content, regardless of the nature of these links. For the respective sites, the responsibility is fully borne by their owners.
The Tulip and The Rose Shop is exonerated from any fault in the case of the use of the sites and/or the content transmitted to a customer, by any means (electronic, telephone, etc.), through the sites, e-mail or an employee of The Tulip and The Rose Shop, when this use of the content may or does cause damage of any kind to the customer and/or to any third party involved in this transfer of content.
The Tulip and The Rose Shop does not offer any direct or indirect guarantees that:
- The service will be according to the client’s requirements;
- The Service will be uninterrupted, secure or error-free of any kind;
- The products/services obtained for free or for a fee through the service will correspond to the client’s requirements or expectations;
Within the limits of the provisions of the terms and conditions, the operators, administrators and/or owners of the website are in no way responsible for the relationships or their consequences resulting from, but not limited to, purchases, special offers, promotions, promotions, or any other type of relationship/connection/transaction/collaboration/etc. that can appear between the client and any of those who promote themselves directly or indirectly through the online store.
The Tulip and The Rose Shop is not responsible for the damages that can be created as a result of the unauthorized use of the information on the website.
The Tulip and The Rose Shop is not responsible for any costs and/or losses of any kind incurred/resulted as a result of using the information on the website.
The photos presented in the “promotions” and “new products” sections do not create obligations for The Tulip and The Rose Shop in the sense that The Tulip and The Rose Shop does not assume responsibility for any text errors or for the posted prices. The offer of the products presented in these sections is valid within the limit of the available stock.
- The Tulip and The Rose Shop cannot be responsible for damages of any kind that the buyer or any third party may suffer as a result of the fulfillment by The Tulip and The Rose Shop of any of its obligations according to the order and for damages resulting from the use of the products after delivery and in particular for their loss.
- By creating and using the account, the client / user / buyer assumes responsibility for maintaining the confidentiality of the account data (user and password) and for managing access to the account and, to the extent permitted by the legislation in force, is responsible for the activity carried out through his account.
- By creating and/or placing orders, the client/user/buyer expressly and unequivocally accepts the site’s terms and conditions in the latest updated version that is communicated within the site, existing on the date of account creation and/or use of the content and/or on the date of placing the order.
This contract is subject to Romanian law. Any disputes arising between The Tulip and The Rose Shop and customers will be resolved amicably, or if this is not possible, the disputes will be settled by the competent courts.
If any of the above clauses is found to be void or invalid, regardless of the cause, this clause will not affect the validity of the other clauses.
Bld. Independentei 2A/4, Baia Mare