Terms of service
(Contract for the purchase of products through www.secretgarden.ro)
1. Identification of the trader and definition of terms
The secretgarden.ro service is provided by S.C. Best Florist S.R.L.
Contact details :
comenzi@secretgarden.ro
0786.910.002
Correspondence address: Str. Cozia 22B, Dascalu, Ilfov
CUI RO34558835
J23/5418/2022
Share capital: 220 lei
1.1. Definitions
Site / Platform / Seller - The secretgarden.ro domain and its subdomains (except for subdomains that have their own regulations).
Content has the following definition:
- all information on the Site / Platform that may be visited, viewed or otherwise accessed through the use of electronic equipment;
- the content of any email sent by secretgarden.ro by electronic means and/or any other available means of communication;
Service - The electronic commerce service conducted exclusively through the publicly available sections of the SITE, meaning that the CLIENT is given the opportunity to enter into contracts for products and/or services using exclusively electronic means, including other means of distance communication.
User / Client / Buyer - The person who has or obtains access to the Content of www.secretgarden.ro
Order / Purchase Request - An electronic document serving as a means of communication between the Seller (secretgarden.ro) and the Buyer (User/Client), by which the Buyer informs the Seller, through the Site, of their intention to purchase goods and/or services from the Platform. Placing an order on www.secretgarden.ro is equivalent to submitting a purchase request.
Confirmation of receipt of the order - An email confirming receipt of a purchase request, which does not implicitly confirm acceptance of the order/purchase request and does not generate contractual obligations for Best Florist SRL (secretgarden.ro).
Contractual Document - This document, the Commercial Terms and Conditions.
Distance Contract - In accordance with the definition contained in Government Emergency Ordinance No. 34 of 4 June 2014 on consumer rights in contracts concluded with professionals, and amending and supplementing certain legislative acts, Article 2, point 7, as transposed by Directive 2011/83/EU on consumer rights: any contract concluded between the professional and the consumer within an organized distance sales or service-provision system, without the simultaneous physical presence of the professional and the consumer, with the exclusive use of one or more means of distance communication, up to and including the time when the contract is concluded;
Transaction - Collection or refund of an amount resulting from the submission of a purchase request by a customer or the sale of a product/service by secretgarden.ro to the Client, using the services of the card processor approved by secretgarden.ro or by bank transfer, regardless of the delivery method.
Newsletter/Alert/Commercial Communication - Means of providing periodic information about the products, services, and/or promotions conducted by secretgarden.ro during a certain period, without any commitment on the part of secretgarden.ro regarding the information contained therein. They may contain general and/or thematic information, information about products similar or complementary to those you have purchased/viewed, information about offers or promotions, information relating to Goods and Services added to the “Account/My Cart” section, as well as other commercial communications, such as market research and/or opinion surveys. In isolated cases, the information provided may be inaccurate.
1.2. General
This document establishes the terms and conditions for the use of the Site/Content/Service by the User or Client. Please read this document carefully to prevent any potential undesirable/unpleasant consequences for your purchasing experience and/or the information provided to Best Florist SRL through the secretgarden.ro service.
Use of the Content and/or secretgarden.ro Service entails the Client's acceptance of this document. The Client undertakes to monitor the commercial terms and conditions on an ongoing basis, as they may be updated, amended, and supplemented. In the event of any disagreement, the Commercial Terms and Conditions in force at the time the order was placed shall apply.
By using the Site/Content/Service, the User/Client is solely responsible for all activities arising from their actions. They shall also be liable for any material, intellectual, electronic, or other damage caused to the Site, Content, secretgarden.ro Service, or any third party with which Best Florist SRL has entered into contracts, in accordance with the applicable Romanian legislation.
If the Client revokes their consent to the Document during the execution of an Order, Best Florist SRL shall cancel the Client's Order without any further obligation of either party toward the other and without either party being entitled to claim damages from the other. The Client may revoke their consent by submitting a written request by email.
1.3. About secretgarden.ro and the products marketed
secretgarden.ro is an electronic commerce / online commerce / internet commerce service. Access to the service and the purchase of products are carried out exclusively on the basis of orders (purchase requests) received through the website, and registration is required in order to place an order.
The products marketed by BEST FLORIST S.R.L. through the secretgarden.ro platform are:
- New products such as: decorative vessels, baskets, etc
- Artisanal products, perishable or non-perishable, made or not according to the specifications requested by the consumer, personalized or non-personalized: arrangements obtained by manually processing flowers or plants, packaging and other specific materials; mixtures of materials intended for planting or caring for plants; etc..
- Products received as finished products from various suppliers, perishable or non-perishable: live plants, fertilizers, etc..
2. Contact and communication with customers
Any official communication from the User shall be made by email or through the contact form available on the website. If the email address provided by the User is invalid, we cannot be held liable for any damage caused by the impossibility of communication (for example, inability to deliver, deterioration of reserved perishable products, etc.).
By communicating by email or using the contact form, the User agrees to be contacted by any available means by Best Florist SRL (without the company being under any obligation to do so), understanding that, by providing information concerning their contact details, such as first name, last name, email address, telephone number, etc., such data will be processed and recorded in the database for the purpose of improving business relations, respectively for the proper conduct of secretgarden.ro's economic and commercial activities.
Partially or fully completing the contact form and submitting it does not in any way constitute a commitment on the part of secretgarden.ro to contact the User.
Contacting secretgarden.ro by email does not in any way constitute a commitment on the part of secretgarden.ro to contact the User.
Contacting secretgarden.ro by any other means of contact does not constitute an obligation for secretgarden.ro.
When contacting secretgarden.ro, the User expressly declares that the contact details provided belong to them (email address, telephone number, delivery address) and that secretgarden.ro may use them for effective communication with the User.
Communications with Users by any other means - such as, but not limited to, telephone calls, messaging systems (for example, Facebook, WhatsApp, SMS, etc.), the chat on the website and the virtual assistant - are strictly for consultation and/or guidance purposes, without generating any kind of obligations or legal liability for secretgarden.ro.
2.1. Newsletters and Alerts
Users have the option to set stock or price alerts, or to subscribe to newsletters and commercial communications from secretgarden.ro. These settings and subscriptions may be cancelled/revoked at any time from the customer account or by sending a notification by email to comenzi@secretgarden.ro.
Requests for alerts or newsletters submitted by Users, regardless of the means by which they were sent (from the customer account, through the dedicated subscription boxes, etc.), do not create any kind of obligation for secretgarden.ro.
3. Intellectual Property
The content and design of www.secretgarden.ro belong to SC Best Florist SRL and/or its collaborators and are protected by intellectual property legislation. You may not use, reproduce or allow anyone to use or reproduce the materials of secretgarden.ro without first obtaining written permission from SC Best Florist SRL.
The “Secret Garden” trademark is registered and protected in Romania.
The limited, irrevocable and non-exclusive creation of hyperlinks to any of the pages of secretgarden.ro is permitted, provided that this action does not portray the secretgarden.ro service in a false, misleading, derogatory or offensive light.
For any issues related to intellectual property, please contact us at the email address comenzi@secretgarden.ro.
4. Personal Data / Privacy Policy
By registering as a user of www.secretgarden.ro, we will request certain personal data from you, such as your first and last name, email address, as well as other personal information that enables your identification as a user of the www.secretgarden.ro service and the processing of orders. In addition, to subscribe to the www.secretgarden.ro newsletter or alerts, you will need to provide us with a valid email address and/or other data.
Under the Law, you have the right to access and rectify your data and the right to bring an action before the courts. At the same time, you have the right to object to the processing of your personal data and to request their deletion - however, data strictly necessary for processing orders and payments in progress cannot be deleted until the commercial transactions have been completed (delivery of orders and collection of payments). If any of your data is incorrect, please inform us as soon as possible, as this situation could make it impossible to process and/or deliver orders. Your personal data may be deleted or modified by accessing your user account. At your express request sent by email to comenzi@secretgarden.ro, SC Best Florist SRL may delete or modify your data.
More information about how we manage your data is available in the “Data protection” section https://secretgarden.ro/policies/privacy-policy - an integral part of this document.
5. User registration
The secretgarden.ro website may be accessed free of charge, and simply browsing its pages is not conditional upon registering as a user (creating an account on the website). However, to benefit from certain services offered by the website, such as purchasing the products offered by it, you must register as a user (create a user account on the website).
Registering as a user or submitting an order (intention to purchase) as a user entails acceptance of this document (Commercial Terms and Conditions) and its annexes:
- “Data protection/Privacy policies” - https://secretgarden.ro/policies/privacy-policy
- in the case of orders with delivery within Romania, the “Delivery Options and Conditions” page - https://secretgarden.ro/policies/shipping-policy
- in the case of orders with delivery to other countries of the European Union, “International Deliveries - Terms and Conditions” - https://secretgarden.ro/pages/international-shipping
- “Complaints/notifications - procedure, rights and obligations” - https://secretgarden.ro/policies/refund-policy
- “Payment options” - https://secretgarden.ro/pages/payment-options
These pages regulate commercial matters, inform the user/consumer, and are considered contractual annexes.
As the provisions of the commercial terms and conditions may be amended, please reread this document periodically. If you no longer agree with the provisions of this document, please do not access/use the services of secretgarden.ro.
If you use this website, you are responsible for maintaining the confidentiality of the access data for the user account created on the website and agree to assume responsibility for all activities carried out through the user account.
The secretgarden.ro website does not sell products to minors under 18 (eighteen) years of age - if you are under this age, please do not place online orders on the website.
5.1. Limitation of access and restriction of users
secretgarden.ro reserves the right to limit the customer's access to certain products and services or marketing/promotional/loyalty campaigns, as well as the right to request advance payment for orders (regardless of the payment method selected by the customer when placing the order), in any of the following situations:
- the customer has refused one or more packages shipped using the cash-on-delivery payment method
- the customer has cancelled 2 or more orders, regardless of the means or reasons for cancellation
- the customer has used aggressive and/or tendentious/offensive language and/or behavior
- the customer has caused harm in any way, or the customer's existence and/or access causes harm in any way to secretgarden.ro, Best Florist SRL and/or its partners.
Access restrictions shall be imposed in accordance with the legislation in force.
5.2. Multiple accounts
Each User may have only one account. Sharing an account with other Users is prohibited. The use of multiple accounts by the same user or the sharing of an account may be interpreted as an attempt to circumvent the rules with the purpose of causing harm to www.secretgarden.ro, Best Florist SRL and/or its partners.
6. Procedure for purchasing and reserving products by online order
An online order constitutes a purchase request. The notification received by the user by e-mail and/or message/SMS after placing an online order is for informational purposes and does not constitute acceptance of the order.
Reservation of finished products in stock. Products may be reserved by placing an online order for no more than 72 hours (3 working days) from the time the user places the order. If the order cannot be dispatched within this period for reasons relating to the customer's unavailability to receive the package, the order may be cancelled without any further obligation for Best Florist SRL, and the plants shall subsequently be returned to stock.
Phytosanitary preparations (treatments, nutrients, substrates) shall be prepared to order within 1-7 days, depending on the availability of the ingredients.
Products available to order shall be brought within the period specified on the product page, provided that they are in the supplier's stock.
If, at the customer's request, we accept the reservation of perishable products (plants, phytosanitary preparations, etc..) for a period exceeding 72 hours (3 working days), the user shall bear the risk and consequences arising from any possible deterioration.
Form of communication. By placing an electronic order on www.secretgarden.ro, you agree to the “e-mail” form of communication through which the website conducts its operations.
Payment shall be made under the conditions set out in the “Payment Methods” section, and the final cost of the order shall consist of: the price of the ordered product, including VAT (if applicable), the delivery price, plus the costs of the accessories ordered. In certain situations, you will be contacted to inform you of any additional transport costs arising from the weight or special packaging, if applicable. The payment methods are presented in the “Payment Options” appendix - https://secretgarden.ro/pages/payment-options
An order generated online on the website is considered confirmed only when it is shipped. If the products are no longer available for various reasons (damaged stock, stock discrepancies, quality issues, etc.), the products will be removed from the order, replaced (with the user's consent), or the order will be cancelled. If the order has been paid for, we will refund the money to a bank account within the statutory period of 14 days.
Recipient's Details. When completing the recipient's details, make sure they are complete and correct - otherwise, we may be placed in the position of lacking the means necessary to fulfil the order: the products may remain with the courier longer than necessary, under unsuitable long-term conditions, or may be unable to be shipped.
Billing Details. In accordance with the legal regulations under ORDER no. 3769 of 23 December 2015, starting on 01.10.2016 all invoices must contain the user's identification details (the person placing the order) - therefore, the user is obliged to complete all mandatory fields on the order page and may select whether they wish the delivery details to be used as billing details.
This data is also useful if delivery problems arise - e.g. the recipient does not answer the telephone, access to the address is restricted, etc.
Incorrect data and inability to contact the user for clarification. We cannot assume liability for problems/confusion arising during order processing or deficiencies caused by delays in order delivery when these are caused by missing or incorrect data.
To purchase and take possession of the products offered for sale on www.secretgarden.ro, the following steps must be completed:
- identifying and selecting products
- registering as a user of www.secretgarden.ro for the purpose of ordering products
- making payment for the products or selecting the promise to pay upon delivery
By placing an electronic order (purchase request) on www.secretgarden.ro, you agree to the "e-mail" form of communication through which the website conducts its operations.
6.1 Order cancellation
Nominal price and technical errors. Secretgarden.ro reserves the right to cancel orders for products and/or services displayed on the website as a result of technical errors or that, due to technical errors, are shown at clearly erroneous/nominal prices.
Incomplete/unconfirmed payments. Orders with incomplete or unconfirmed payment are automatically cancelled without reserving the products and without secretgarden.ro contacting customers.
Orders for delivery to other EU countries - if payment has not been made in advance, they will not be processed and will be cancelled.
Out of stock. Damaged stock, stock discrepancies, quality issues resulting in products becoming unavailable, unavailability of products brought to order, inability to produce certain products involving flower processing, etc. - in these situations, orders will be cancelled.
Fraud suspicion. secretgarden.ro uses advanced algorithms to determine whether an order is or may be fraudulent. If our systems detect such a suspicion, orders may be cancelled automatically.
7. Payment methods - the information is available and updated in the “Payment options” section - https://secretgarden.ro/pages/payment-options, which forms an integral part of this document.
8. Presentation of the offer and product characteristics.
General information. secretgarden.ro makes continuous efforts to maintain the accuracy of the information on the platform. Rarely, this information may contain inconsistencies or operational errors - changes may be made at any time to prices, dates, and published content, without prior notice.
Plant stage. This is an informational characteristic intended to provide an indication of the plant's stage. For example, the term "Flowering plant" means that the plant is in bloom, but it may be at any point during flowering - with or without buds, with fully open flowers, etc.; furthermore, in the event of delayed courier transport, it may be left completely without flowers. Characteristics such as "Plant with stem/flowers/buds" constitute a list in which one of the specifications applies, rather than a combination of specifications. A flower stem is still a flower stem, regardless of its size.
The characteristic "Stem initiated" is intended to indicate that the plant has a flower stem, at any stage - from growth of a few mm to a flowering plant.
Garden or terrace plants are grown in unprotected spaces or with minimal protection (shade nets or hail nets). For this reason, they naturally cannot have perfect foliage - the leaves may show marks, defects, or other damage.
Plant size and general appearance. Plant height is measured including the pot. As plants are natural, each specimen differs, both in shape and development. The dimensions specified on the product page are indicative, and the information must be treated as such, strictly for informational and relative purposes. Example:
- between two plants from the same batch specified as "height 60cm", there may be a difference of 10 cm or more.
- between a flowering plant and a non-flowering plant, the height difference may be 40 cm or more, with the height sometimes being determined by the flower stem
Pot diameter - this is information provided by the producer for informational and relative purposes. Differences may exist depending on the plants' origin, horticultural and production standards in the country of origin, the conversion method (e.g. from inches to cm), etc.
Dimensions in inches - conversion for plants imported from Taiwan & Thailand
For plants imported from Asian countries, the entire growing system is different - the plants are grown and delivered in "nursery soft pots", with sphagnum.
A 2,5 inch pot, for example, has an actual size of 2,5 inch - however, the plant is of a similar age and size to a plant grown in Europe in bark, in a 9 cm pot. A 1,7 inch pot has an actual size of 1,7 inch - and the plant is similar to a specimen in a 6 cm. pot. For this reason, on the product page, the displayed size will, for example, be in the form (2,5 inch pot ~ 9cm).
This system is considered efficient both for growing and transporting plants, as everything is reduced to what is strictly necessary for the plant's growth.
The photographs are for informational and presentation purposes and may contain accessories not included in standard packages or may have been taken at our own premises, in greenhouses (with grow lights that may distort the image), or supplied by producers, whether edited by them or not. Other aspects that may cause differences between the images and reality include: the condition of the plants and inflorescences at the time of photographing, colour variations specific to hybrids, and the same variety grown in greenhouses and under different conditions. The lighting under which the photographs are taken, the camera used, and the device used by the user influence the perception of colours.
Colour variations in flowers and leaves. Both hybrids and species may exhibit more or less significant variations in colour/shade, which occur naturally and cannot be controlled by the producer or retailer. Sometimes, in the case of hybrids, the flowers may be completely different, even if the plants have the same parent formula. The general appearance of the plants may differ depending on the season, growth stages and/or other specific characteristics. Flowers and leaves may also differ in shade/colour depending on the season, fertiliser used, soil pH, growing conditions, producer, etc.
Flower fragrance. The fragrance of species and hybrids manifests itself under certain conditions, and each person's perception may differ. Under stressful conditions (transport, moving, handling, etc.), the flowers of the plants may not display their characteristic fragrance. For certain species, specific triggering factors exist (e.g. for Phalaenopsis, exposure to sunlight in the morning). Information about flower fragrance comes from producers and/or the community (e.g. groups of plant enthusiasts). This information is provided for informational purposes only and does not constitute a guarantee.
Root condition. Although we make every effort to inspect the plants as thoroughly as possible, we cannot verify the condition of the root system - any such inspection would require us to remove the plants from their pots; however, this procedure would significantly destabilise the plants before transport, on the one hand, and entail very high operational costs, on the other.
Tropical/exotic plants are not produced in Romania - they come from suppliers in other European countries (e.g. the Netherlands, Germany) or even distant exotic countries (e.g. Taiwan, Thailand). During transport, they are exposed to various stress factors - such as differences in temperature and humidity, moving/packing, phytosanitary inspections, etc - which may affect their appearance to some extent, without affecting their viability. As plants are natural, each specimen is different, both in shape and development.
In the case of Hoya specimens, it is normal for the leaves or young, fragile growth to suffer damage, and for very long vines to be occasionally cut or broken during handling and transport. This is considered normal, and the plant recovers easily, as it grows rapidly and can branch from the subsequent nodes.
Phytosanitary treatments. Frequently, residual traces (spots of various colours) resulting from phytosanitary treatments may be present on the leaves; however, these can be washed off with water or special plant products. In very rare cases, certain sensitive varieties may develop minor burns or slight signs of toxicity following phytosanitary treatments.
Signs of pests. Plants do not grow or live in a sterile environment. All farms and growers deal with pests, and this situation is normal and foreseeable - as long as pests exist in nature, contamination occurs very easily: pests may be carried by wind, on clothing, or on hands, and may enter through ventilation areas, etc.. It is important to note that plants are treated both preventively and when pests are observed - complex treatment programs are used, which even provide plants with immunity for a certain period. Before leaving the greenhouses, the plants are inspected by the authorities, declared “pest free” and fit for sale, in accordance with the horticultural standards in force. The presence of traces of pests cannot be considered equivalent to the presence of pests.
Transport pots and their contents. Plants sold on the www.secretgarden.ro platform are delivered as received from the producers - the pot may be undersized for reasons related to transport efficiency, or may contain materials that ensure long-term water retention so that the plant survives during international transport. Sometimes pots may arrive cracked or damaged, and the substrate may be degraded. Sometimes, millipedes, spiders, or other creatures harmless to humans may be found in the substrate or on the plants, used by producers for biological control (without chemicals) of pest populations (for example, the spiders used are harmless to plants and humans, but feed on populations of red spider mites and other mites harmful to plants; millipedes prey on worms and other harmful insects).
Substrate and cultivation method vary depending on the producer and growing method, and different materials used as substrate or support for plant cultivation have different properties - upon receipt of the plants, it is the customer's responsibility to verify whether the substrate is in good condition and whether it is compatible with the microclimate in which the plants will grow and with watering habits, replacing it if necessary. Plant adaptation can be much easier when these factors are taken into account.
Plant care. After purchase, responsibility for caring for the plants rests with the customer. Given that plants are living, perishable products (i.e. susceptible to rapid deterioration), each customer has the responsibility (including moral responsibility) to inform themselves and provide the microclimate necessary for their survival and healthy development. Basic information about plant care is available on the producer's labels (represented by symbols) and, insofar as documentation is available, on the product page and on our blog.
Plant identification. Plant identifications are provided by producers and are considered correct, having also been verified by us to the extent operational possibilities permit and credible information sources are available. Sometimes plants may have unregistered names, or their identity may not be confirmed with certainty. In rare cases, labelling errors are discovered (particularly in the case of plants without flowers), or producers use trade names to promote certain varieties more effectively. When a possible error is discovered, we verify and update the information, if confirmed, as soon as operationally possible. We cannot be held responsible for producers' labelling errors, as we have no control over this process.
Plants without an ID. Rarely, we receive plants from producers without identification. In such cases, where possible, the plants are identified with the help of the community and available online resources.
Hidden defects. Although we make every effort to inspect the plants as thoroughly as possible and work with some of the best producers in the world, hidden defects may occasionally exist, such as: the presence of pests visible only under a microscope, the presence of pests in the substrate or in unopened flowers, etc.. A normal general appearance, specific to the species or hybrid, taking into account all the specifications in point 8 of this document (Commercial Terms and Conditions), is considered satisfactory.
Terminal spike in Phalaenopsis. Some specimens, or all specimens in the case of certain hybrids, may have terminal spikes. A terminal spike does not constitute a quality issue, and no distinction is made between specimens with a terminal spike and those without one, as in both situations the plants comply with international horticultural standards. More details about terminal spikes can be found here: Phalaenopsis terminal spike
Phalaenopsis and other varieties with peloric flowers. In the case of peloric varieties (flowers and/or leaves with mutations), the mutation that makes the flowers/leaves peloric is not always stable. A plant catalogued as peloric may produce “normal” flowers, may have both normal and peloric flowers on the same stem, or may have one stem with normal flowers + one stem with peloric flowers.
Plant Passport. As of January 2020, all plants marketed in the EU, including those imported from outside the EU, bear a Plant Passport with a unique registration number on the label, pot, packaging film, or box (if they are without a pot) - the Plant Passport is the certification attesting that the plants have been inspected by the competent authorities of the European Union and fully comply with the horticultural standards in force, making them suitable for marketing within the EU.
Phytosanitary Certificate. Plants imported from outside the EU are inspected upon entry into the EU - the inspection involves a detailed physical examination of the plants and of the treatment schedule applied in the exporting country, as well as the documentation certifying that the plants originate from authorized growers.
Complaints/notifications - procedure, rights and obligations - https://secretgarden.ro/policies/refund-policy, an integral part of this document.
9. Prices and availability of products
The prices and stock levels presented are updated continuously; however, errors in operation or in the algorithms used by the platform may occur during this process - orders containing products with zero or derisory prices cannot be fulfilled. The products we sell are perishable, and your order may be affected by various factors such as: delays in the supply flow, deterioration discovered in existing stock, errors in the information systems used by SC Best Florist SRL, human error, accidents, etc. In such cases, SC Best Florist SRL shall be exempt from any liability. For paid orders, the corresponding amounts will be refunded as soon as possible, in compliance with the statutory deadline.
SC Best Florist SRL negotiates the best prices with suppliers and manufacturers worldwide. SC Best Florist SRL is a direct importer - thus eliminating any markups that intermediaries might charge, while the quality and freshness of the plants are carefully controlled.
Unless otherwise provided, the prices of products displayed on www.secretgarden.ro represent the final purchase prices and include the applicable VAT, depending on the destination country and the tax regime applicable to the products. The final purchase prices may be prices suggested by manufacturers or suppliers, or may be estimated based on the standard prices generally applicable within the industry for the product sold. The final purchase prices may not represent the most competitive prices in a particular product segment or for a certain period, and SC Best Florist SRL has no obligation in this regard.
Best Florist SRL establishes its own pricing policy, independent of any external factors. The prices of certain products may be negotiated in certain circumstances, such as large quantities/volumes, above-average values, etc.
Commercial discounts applied to products - SC Best Florist SRL may decide to offer its customers commercial discounts through special coupons, vouchers, prices directly reduced on the website, or other means.
10. Payment methods are available and updated in the Payment Options section - https://secretgarden.ro/pages/payment-options, an integral part of this document.
11. Delivery of ordered products
- in the case of orders with delivery within Romania, the “Delivery Options and Conditions” page - https://secretgarden.ro/policies/shipping-policy, an integral part of this document.
- in the case of orders with delivery to other countries of the European Union, “International Deliveries - Terms and Conditions” - https://secretgarden.ro/pages/international-shipping, an integral part of this document.
12. Risks associated with courier delivery and product packaging
The packaging of live plants (and related accessories) is not a standardized procedure, as it is for other products (electronics, household appliances, etc.). Plants are living, perishable products that we package at your request, trying to protect them as well as we can so that they arrive at their destination in the best possible condition - however, the condition in which they arrive may be influenced by many factors beyond our control, such as: major temperature variations, the way couriers handle the package, or other incidents. Although such situations occur quite rarely, due to these factors, we cannot guarantee the integrity of the plants following transport by standard courier services.
In the case of shipping flowering plants, flower stems/inflorescences are susceptible to damage during transport or during packaging/handling. Although such situations occur quite rarely, we cannot guarantee the integrity of the flower stems/inflorescences following transport by courier.
In the case of plants with abundant foliage - some damage may be expected to occur during packaging, handling, or transport by courier - such damage is not likely to affect the plants' viability and is considered acceptable, given that foliage plants generally grow rapidly.
In the case of ceramic, glass, or fragile pots, there is a risk of breakage during transport.
13. Refusal/Cancellation of the order by the user after dispatch of the package
Please note that plants are perishable products - for this reason, they are packaged only at your express request, expressed by placing an online order with delivery services.
When you place an order for delivery, you undertake to do everything possible to receive the plants safely and as quickly as possible. To this end, you will track the package using the AWB number (tracking number) provided in the email confirming dispatch, contact the courier promptly by telephone and email, and maintain constant contact with us in order to resolve any situation likely to affect the delivery time.
If you fail to take all necessary steps to ensure timely delivery of your package, and the package remains held in warehouses or is returned to us with its contents wholly or partially damaged, we will refund the amount paid only for the products we received back in good condition. The value of services already provided, such as shipping, or the value of damaged products (dried, frozen, broken, shattered) will not be refunded.
For cash-on-delivery orders refused by the recipient without justified reason, Best Florist SRL will pursue recovery of the resulting damage by any means - from the shipping cost to the full value of the order when the products are returned by the courier damaged.
14. Invoicing - invoices are generated exclusively in electronic format and will not be included in the package in printed form. They can be downloaded from the email announcing the dispatch of the order or from the customer account (Orders - Download invoice), and for legal entities in Romania they are also transmitted through the national RO e-Factura system. Their accuracy depends on the data you enter.
In some cases, errors may occur when generating the invoice - technical errors, human errors or errors caused by data you entered incorrectly or failed to enter - If you do not find the download link in the email announcing the dispatch of the package, please contact us and report this situation so that we can issue/send the invoice in a timely manner.
15. Applicable law, right of withdrawal, complaints and notifications - are detailed on the page “Complaints/notifications - procedure, rights and obligations” - https://secretgarden.ro/policies/refund-policy - an integral part of this document.
16. Reviews, comments, communications and other types of content
Users may post reviews, comments or other types of content; they may send suggestions, ideas, ask questions, propose articles or other types of material, provided that their content:
- is not illegal, obscene, threatening, defamatory, does not violate the right to privacy or intellectual property protection laws;
- does not contain computer viruses, commercial or political communications, communications inciting hatred or intolerance on ethnic, religious, racial or sexual-orientation grounds, mass messages or other forms of "spam".
For the purpose of posting reviews, comments, communications and other types of content, both on www.secretgarden.ro and on other pages presenting the company and its services, you may not use false email addresses or identities. www.secretgarden.ro reserves the right, but is not obligated, to remove or edit all types of content posted by users and is not obligated to review such content periodically. Upon posting reviews, comments, communications and other types of content on www.secretgarden.ro, you grant (except where SC Best Florist SRL indicates otherwise) non-exclusive, perpetual, irrevocable intellectual property rights in the posted materials. The company has the right to modify, reproduce, transmit, adapt, publish and distribute the materials posted by users, by any means of communication, in any country. By posting reviews, comments, communications and other types of content on www.secretgarden.ro, you assign to SC Best Florist SRL the right to use your name in connection with the posted materials; you warrant that you own or otherwise control the intellectual property rights in the materials you post, that the posted materials do not violate any of the terms governing the posting of reviews, comments, communications and other forms of user content on www.secretgarden.ro
www.secretgarden.ro has the right, but not the obligation, to monitor, edit or delete any type of content or user activities on the website. www.secretgarden.ro is not responsible and assumes no liability for any materials posted by other third parties on the website. www.secretgarden.ro has the right not to publish all comments and articles submitted by users.
17. Force majeure
www.secretgarden.ro, its affiliates and/or, in general, suppliers of products or services to www.secretgarden.ro cannot be held liable for any delay or error resulting directly or indirectly from causes beyond the control of www.secretgarden.ro. This exemption includes, but is not limited to: malfunctions of the technical equipment of www.secretgarden.ro, failure of the internet connection, failure of telephone connections, computer viruses, unauthorized access to the systems of www.secretgarden.ro, operational errors, as well as force majeure events stipulated by the legislation in force.