Terms & Conditions
Article 1: Definition and scope of application
1.1 The present document (Terms and Conditions) defines the conditions applicable to sales concluded between a person or persons making a purchase via the https://www.teleflora.es website, hereafter referred to as "the buyer" and the company Teleflora.es, hereafter referred to as "Teleflora". The terms defined below form part of the present Terms and Conditions with the following meanings:
Article 2: Application and opposability of the terms and conditions
2.1 Placing an order implies that the buyer fully accepts these terms and conditions without reservation.
2.2 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 Teleflora.
2.3 The fact that Teleflora does not specifically refer to any one of the present terms and conditions, cannot be interpreted as a renunciation of its right to impose any one of the said conditions at a future date.
2.4 If one or more provisions of the present terms and conditions 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.
2.5 These Terms and Conditions may be modified at any time, without notice, by Teleflora and its subsidiaries. The present Terms and Conditions are applicable from 1 August 2017. 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 Teleflora.
Article 3: Placing an order
3.1 To place an order with us, you can choose spanish or english.
3.2 Once you have selected the desired product, you must choose the desired destination and delivery time. Subsequently, you will be asked for your personal and billing details and the contact details of the recipient. To finalize the order, you must enter the data of your credit / debit card.
3.3 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, Teleflora cannot be held responsible for the impossibility of delivering the product.
3.4 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.
3.5 In the event of a product becoming unavailable, Teleflora 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 4: Price
4.1 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.
4.2 The price of the products excludes delivery charges (packaging and transport).
4.3 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.
4.4 The price is paid cash when the order is placed.
Article 5: Total payment security
Teleflora 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. Teleflora 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 6: Delivery
6.1 Delivery shall be regarded as having been made within the agreed space of time, either through the delivery of the goods to the address indicated, or, in the event of the absence of the recipient, through leaving a report stating the option of collecting them. In the latter case, the goods sold shall be collected within two days, in view of their limited keeping qualities.
6.2 The delivery date shall be stated as accurately as possible. The vendor shall not, however be able to be held liable for late deliveries. Except in cases of force majeure, the contract of sale shall be able to be cancelled, if the delivery is made more than four hours later than the stated delivery time. In that event, the purchaser shall only be able as a maximum, to claim the repayment of the price, which he has paid, to the exclusion of any other compensation.
6.3 Moreover, the following cases of force majeure shall relieve the vendor of his obligation to deliver the goods, namely, war, riot, fire, strikes, accidents and his inability to obtain stocks from his normal suppliers.
6.4 In addition, the vendor shall be free to defer delivery in the following circumstances, namely, disruptions of the internal network, disruptions of telephone communications, disruptions in the (problematic) access to Internet and the like. The performance of the contract shall be deferred pending the removal of the disruption and/or the restoration of access to Internet, without the purchaser being able to invoke the termination of the agreement and/or compensation for damage.
6.5 In all circumstances, the vendor shall only be obliged to make a delivery, if the purchaser has complied with all his obligations towards the vendor.
Article 7: Returns, Right of Withdrawal and Complaints Procedures
7.1 Contractual guarantee
Any return accepted by Teleflora, 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 recipient, perfectly intact.
Any claim concerning an order which includes the delivery of bouquets 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.
7.2 Legal Guarantees
All goods and services provided by Teleflora are subject to Spanish law and guaranteed by the Real Decreto Legislativo 1/2007, de 16 de noviembre de la Ley General para la Defensa de los Consumidores y Usuarios and other complementary laws.
The "Ley 3/2014 de 27 de Marzo", which amends the "Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios", establishes in its Article 103 the exceptions to the right of withdrawal, stating that this will not be applicable to contracts that refer to the supply of goods made according to user specifications or clearly personalized and the supply of goods that can deteriorate or expire quickly.
Article 8: Privacy
Article 9: Customer Service
9.1 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.
9.2 Any complaint concerning the quality of flowers 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.
9.3 Our Customer Service is accessible by telephone on +34 902 342 342 Monday to Friday from 09:00 to 13:30, 16:30 to 20:00 and Saturday from 10:00 to 13:30, including public holidays, by e-mail at our Customer Service and by post: Avenida Josep Tarradellas 8-10, Piso 7 Puerta 3, 08029 Barcelona, Spain
Article 10: Dispute, Mediation and Competence
10.1 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 Teleflora, with the aim of reaching an amicable solution.
10.2 The sale of products on this website is subject to the Spanish law regardless of the country of residence of the purchaser or the country where the order is placed.