Terms and Conditions

1. Agreement to Terms

Welcome to Petals & Stems ("Company", "we", "our", "us"). These Terms and Conditions ("Terms") govern your use of our website located at your-domain.com (the "Site") and any related services provided by Petals & Stems.

By accessing or using our Site, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Site or use our services.

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page and updating the "Last Updated" date.

2. Definitions

For the purposes of these Terms:

• "Customer" refers to any individual or entity that purchases products or services from Petals & Stems.
• "Products" refers to fresh flowers, floral arrangements, plants, and related items offered for sale.
• "Services" refers to floral design, delivery, event decoration, and consultation services.
• "Order" refers to a request to purchase Products or Services through our Site.
• "Content" refers to all text, images, graphics, logos, and other materials on the Site.

3. Use of Service

3.1 Eligibility

You must be at least 18 years of age to use our services. By using our Site, you represent and warrant that you are of legal age to form a binding contract with Petals & Stems.

3.2 Account Registration

To access certain features of our Site, you may be required to register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

3.3 Acceptable Use

You agree to use our Site only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site in any way that violates any applicable law or regulation
• Impersonate or attempt to impersonate the Company or any employee or representative
• Engage in any conduct that restricts or inhibits anyone's use of the Site
• Use any automated system to access the Site without our express written permission

4. Orders and Payments

4.1 Order Acceptance

All orders are subject to acceptance by Petals & Stems. We reserve the right to refuse or cancel any order for any reason, including:

• Product availability
• Errors in product or pricing information
• Suspected fraudulent or unauthorized transactions
• Inability to verify customer information

4.2 Pricing

All prices are displayed in Croatian Kuna (HRK) or Euros (EUR) and include applicable taxes unless otherwise stated. We reserve the right to change prices at any time without prior notice. Pricing errors may be corrected, and orders may be cancelled if affected by such errors.

4.3 Payment Methods

We accept various payment methods including credit cards, debit cards, and electronic payment systems. Payment must be received in full before order processing. You represent that you have the legal right to use any payment method provided.

4.4 Order Confirmation

After placing an order, you will receive an email confirmation. This confirmation does not constitute our acceptance of your order. We reserve the right to contact you regarding order details before acceptance.

5. Product Information and Substitutions

5.1 Product Descriptions

We strive to provide accurate product descriptions and images. However, we do not warrant that product descriptions, images, or other content are accurate, complete, reliable, or error-free.

5.2 Floral Substitutions

Due to the seasonal nature of flowers, substitutions may be necessary to ensure freshness and quality. We reserve the right to substitute flowers, containers, or accessories of equal or greater value while maintaining the overall design and color scheme. We will make every effort to notify you of significant substitutions.

5.3 Perishable Nature

Fresh flowers and plants are perishable products. While we guarantee freshness at delivery, longevity depends on proper care and environmental conditions beyond our control.

6. Delivery Terms

6.1 Delivery Areas

Delivery is available within specified service areas in Croatia. Delivery fees vary by location and are calculated at checkout. We reserve the right to refuse delivery to areas outside our service range.

6.2 Delivery Times

Delivery times are estimates and not guaranteed. We will make reasonable efforts to deliver within the requested timeframe. Delays may occur due to weather, traffic, or other circumstances beyond our control.

6.3 Delivery Requirements

A recipient or responsible party must be available to accept delivery. If no one is available, we will attempt to leave the arrangement in a safe location or with a neighbor. We are not responsible for products left unattended after delivery attempt.

6.4 Delivery Refusals

If delivery is refused by the recipient, the customer remains responsible for payment. Redelivery may be arranged for an additional fee.

7. Cancellations and Refunds

7.1 Cancellation Policy

Orders may be cancelled up to 24 hours before the scheduled delivery time for a full refund. Cancellations made less than 24 hours before delivery may incur a cancellation fee of up to 50% of the order value.

7.2 Refund Policy

We stand behind the quality of our products. If you are not satisfied with your order, please contact us within 24 hours of delivery. Refunds or replacements will be provided at our discretion based on the circumstances.

7.3 Refund Processing

Approved refunds will be processed within 7-14 business days to the original payment method. Customer is responsible for any transaction fees charged by financial institutions.

8. Intellectual Property Rights

8.1 Ownership

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Petals & Stems, its licensors, or other providers of such material and are protected by Croatian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Limited License

You are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. You may not:

• Reproduce, distribute, modify, or create derivative works from our Content
• Use our Content for commercial purposes without written permission
• Remove copyright or proprietary notices from any Content
• Use our trademarks, logos, or brand elements without authorization

8.3 User Content

By submitting reviews, photos, or other content to our Site, you grant Petals & Stems a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and display such content for marketing and promotional purposes.

9. Prohibited Uses

You may not use the Site:

• In any way that violates any applicable national or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site
• To use the Site in any manner that could disable, overburden, damage, or impair the Site
• To use any robot, spider, or other automatic device to access the Site without permission
• To introduce any viruses, trojan horses, worms, logic bombs, or other malicious material
• To attempt to gain unauthorized access to any portion of the Site
• To harass, abuse, or harm another person through use of our Site
• To collect or track personal information of others without consent

10. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PETALS & STEMS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• The accuracy, completeness, or reliability of any content
• The uninterrupted or error-free operation of the Site
• The merchantability or fitness for a particular purpose of products or services
• That defects will be corrected or that the Site is free from viruses or harmful components

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

11. Limitation of Liability

11.1 General Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PETALS & STEMS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Damages arising from your access to or use of the Site
• Any conduct of third parties on the Site

11.2 Maximum Liability

In no event shall Petals & Stems' total liability to you for all damages exceed the amount paid by you for the specific product or service giving rise to the claim, or €100, whichever is greater.

11.3 Essential Purpose

These limitations apply even if Petals & Stems has been advised of the possibility of such damages and regardless of the form of action, whether in contract, tort, or otherwise.

12. Indemnification

You agree to defend, indemnify, and hold harmless Petals & Stems, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Site or services
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit to the Site

13. Termination

13.1 Right to Terminate

We may terminate or suspend your account and access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

13.2 Effect of Termination

Upon termination:

• Your right to use the Site will immediately cease
• We may delete your account and all associated data
• All provisions of these Terms which by their nature should survive termination shall survive

13.3 Voluntary Termination

You may terminate your account at any time by contacting us. Termination does not relieve you of any obligations incurred prior to termination.

14. Governing Law and Jurisdiction

14.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law provisions.

14.2 Jurisdiction

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Croatia, and the parties irrevocably consent to the personal jurisdiction and venue therein.

14.3 EU Consumer Rights

If you are a consumer in the European Union, you may have additional rights under EU law that cannot be waived by agreement. Nothing in these Terms affects those rights.

15. Dispute Resolution

15.1 Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute informally by contacting us at [email protected].

15.2 Mediation

If informal resolution is unsuccessful within 30 days, the parties agree to submit the dispute to mediation before pursuing litigation.

15.3 Consumer ADR

EU consumers may use the European Commission's Online Dispute Resolution platform available at ec.europa.eu/consumers/odr for resolution of disputes.

15.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16. Privacy and Data Protection

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

We comply with the General Data Protection Regulation (GDPR) and Croatian data protection laws. You have rights regarding your personal data, including the right to access, correct, delete, and port your data.

17. Third-Party Links and Services

The Site may contain links to third-party websites or services that are not owned or controlled by Petals & Stems. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Petals & Stems shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods, or services.

18. Force Majeure

Petals & Stems shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, severe weather conditions
• War, terrorism, civil unrest
• Government actions or restrictions
• Pandemics or public health emergencies
• Labor disputes or strikes
• Supplier failures or transportation disruptions

19. Miscellaneous Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Petals & Stems regarding use of the Site and supersede all prior agreements.

19.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

19.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

19.5 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

19.6 Translation

These Terms may be translated into other languages for your convenience. In case of conflict between the English version and any translation, the English version shall prevail.