LEGAL NOTICE AND GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE

www.rosistirem.com

I. Owner of the website

In compliance with the duty of information provided in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of July 11, the following general information data on this website is provided below:

This website, www.rosistirem.com, is property of ROSISTIREM, S.L. provided with CIF number B-67622241 with address at C/ Rull, 3 08002 Barcelona and established for an indefinite period on May 15, 2020 by public deed authorized by the Barcelona Notary Mrs. Sonia Dalmases Mahamud, under number 250 of its protocol, registered in the Barcelona Mercantile Registry in volume 47310, folio 53, page number 489628.

To contact us you can use the email address rosistirem@gmail.com or at the telephone number 931 770 289.

II. Use of Website Content / Intellectual and Industrial Property

Copyright Information

Copyright © 2022 Rosistirem

Brands

The Rosistirem logo and all its advertising slogans are trademarks of Rosistirem, which also owns their copyrights. The reproduction or distribution of the brands, software, copyrights and/or the content, in whole or in part, of its website is prohibited without our authorization.

Use of Website Content

The content included on this website may be used only for personal, informational and/or non-commercial use and may not be modified or altered under any form and/or circumstance. You may not use, publish, license, send, download, copy, print, display, perform, reproduce, transmit or distribute any information from this website without the prior authorization of Rosistirem. But the user may create links to the Website for private and non-commercial use subject to the following conditions, with ROSISTIREM reserving the right to request, at any time, the immediate elimination of any link to the website:
-It will be a revocable and non-exclusive right.
-You may not imply that ROSISTIREM recommends said website, services or products or falsify their relationship.
-It must not include content considered in bad taste, obscene, offensive, controversial, inciting violence or discrimination based on sex, race or religion, contrary to public order or illegal.
-The link must direct to the Website, without allowing reproduction as part of its website or within one of its frames or creating a browser on any of the pages of the website.

ROSISTIREM cannot control the information, content, products or services provided by other websites that have established links to this Website. For this reason, it is not responsible for any aspect related to such websites.

III. Responsibility

ROSISTIREM, S.L. is not responsible for third party websites that are accessible from this Website; nor of the accuracy, veracity and validity of the information that is not of its own creation, whose contents belong to information sources of third parties other than ROSISTIREM, S.L. But based on article 17 of Law 34/2002, of July 11, on information society services and electronic commerce, when ROSISTIREM, S.L. discover illegal content, it undertakes to delete or disable these links, as well as to remove or, where appropriate, block those contents that could be illegal or infringe the rights of third parties, in accordance with articles 11 and 16 of the same Law. As well as ROSISTIREM, S.L. will not be responsible for any damages caused by failures or poor configurations of the software installed on the Internet user's device. All responsibility is excluded for any technical incident or failure that occurs when the user connects to the internet. Likewise, the absence of interruptions or errors in access to the Website and ROSISTIREM, S.L. is not guaranteed. reserves the right to update, modify or delete the information contained on its Website, as well as its configuration or presentation, at any time without assuming any responsibility for it.

IV. Obligations and responsibilities of users

The user undertakes, while using this website, not to violate current legislation, good faith, custom and public order. Use for illicit, deceptive, malicious or harmful purposes for ROSISTIREM or third parties is prohibited. Therefore, the use must be appropriate and correct, with the user refraining from engaging in conduct that is harmful to the image, interests and/or rights of ROSISTIREM and/or third parties. Likewise, the user must refrain from damaging, disabling or overloading the Website and from accessing, using and/or manipulating ROSISTIREM data.

On the other hand, the user undertakes to provide truthful information through communications with ROSISTIREM, thus being solely responsible for any damages or losses that said information may cause, due to it being inaccurate or false, both to ROSISTIREM and to third parties and the user is solely responsible for ensuring compliance with the minimum technical requirements and internet connection necessary for the correct use of the Website, therefore ROSISTIREM will not assume any responsibility for the inadequacy of the technical requirements of the user equipment that prevents proper operational functioning.

ROSISTIREM applies reasonably appropriate security measures to detect the existence of viruses, even in files that can be downloaded from the use of the Website, but it must be taken into account that the security measures of computer systems are not entirely reliable, so ROSISTIREM cannot guarantee the absence of viruses or other elements that could affect the user's computer systems, documents and/or files. We ask users to refrain from introducing or spreading computer viruses or physical or logical systems on the network that may cause damage to ROSISTIREM or third parties.

Therefore, ROSISTIREM reserves the right to take the necessary legal actions to defend its interests or temporarily suspend, and without prior notice, accessibility to the Website for maintenance, repair, update or improvement operations.

To be more specific, the user agrees to use this Website respecting the following points:
-The user agrees not to make any attempt to violate access levels, incorrect manipulation of data, duplication and export of data or information protected by intellectual property or other legal rights, attempt to access restricted areas of ROSISTIREM's computer systems, introduction of programs, viruses or any other device that produces or may produce modifications in the computer system of ROSISTIREM or third parties.
-The user may not assign or transmit the username and access password to a third party, ultimately prohibiting the use of the website for any purpose other than the exclusive satisfaction of their own usage needs, or other than the use described on the website.
-The user will provide the necessary means to ensure that the passwords and access codes to the application will remain under their control and will not be disclosed, copied, or reproduced by unauthorized third parties, and must safeguard them by physical and logical means. You must immediately notify us of any unauthorized use or security breach of your account or our services.
-It is absolutely prohibited for the user, including but not limited to, to reverse engineer, decompile, disassemble, reproduce, translate, modify, version, market, duplicate, transform or transmit to third parties, all or part of the website, as well as eliminate, manipulate or alter in any way any physical or logical notice or label that includes ROSISTIREM's property rights over the application.
-The use of the website does not imply acceptance, approval and/or knowledge by ROSISTIREM of the improper use made of the website, since ROSISTIREM only provides the user with permissions to make correct use of it, in accordance with this contract. The user is solely responsible for the correct use of the website. That in the event that it does not comply with the obligations contained herein, ROSISTIREM may cease the provision of services, providing written notification of the reasons for said cessation, and without prejudice to the penalty that may apply.
-All rights that have not been expressly included in these conditions of use, including intellectual and industrial property rights, are reserved to ROSISTIREM.

V. GENERAL TERMS AND CONDITIONS OF USE

The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access and use of the Website. For the purposes of these Conditions, the Website will be understood as: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated in both the screen interfaces and the navigation tree (hereinafter, Contents) and all those online services or resources that it offers to Users (hereinafter, Services).

ROSISTIREM reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Content and Services that may be incorporated therein. The User acknowledges and accepts that at any time ROSISTIREM may interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.

Access to the Website by the User is free and, as a general rule, is free without the User having to provide any compensation to be able to enjoy it, except in relation to the cost of connection through the telecommunications network provided by the access provider that the User has contracted.

The use of any of the Content or Services of the Website may be done through the User's prior subscription or registration.

VI. Purpose of the Website

The purpose of this Website is to offer, promote and allow online, remote contracting and delivery of all types of plants, flowers and accessories to the territories indicated below, as regulated in these Terms and Conditions.

VII. Contract duration

The contract established between ROSISTIREM and the user will have a duration depending on the delivery of the product. In the event that periodic purchases are made through a subscription through the “Subscriptions” area, the duration is subject to the customer's request to cancel the service, without prejudice to the right of withdrawal.

VIII. Availability of the products offered

ROSISTIREM, S.L. In compliance with current regulations, it offers information about all the products and services offered, their characteristics and prices, on the Website. The products are presented incorporating a photograph and their essential characteristics; this is the information obtained from the manufacturer itself. The color of the product, visible in the photograph, is not binding. The same is identified in the characteristics. But ROSISTIREM, S.L. reserves the right to withdraw, replace or change products and services without prior notice and at any time. In this way, the products offered at all times will be governed by the Terms and Conditions in force in each case.

In the case of a product on offer, the offer price and its validity together with its essential characteristics will always be indicated on the Website.

All prices are shown in euros and include VAT. applicable and/or any other tax that may be applicable. These prices will be those in force at all times, except for possible obvious typographical errors. Transportation is not included in the prices shown for the products, its cost being broken down later at the time of completing the purchase unless otherwise indicated on the Website because it is part of an offer period.

The client can request the sending of newsletters and updated information on offers, discounts and promotions applicable at any time, as well as on the quality, characteristics and origin of the products on the Website.

The availability of the products offered may vary depending on customer demand. Although the stock is updated periodically, the product requested by the customer could be out of stock at that time. In case of non-execution due to unavailability, the client is generally notified of this in the same purchasing process, offering them the possibility that ROSISTIREM, S.L. inform you by email when the product in question is available again. In any case, ROSISTIREM, S.L. As soon as it becomes aware of such unavailability, it will notify the client by email. The period of this communication will not exceed in any case the maximum period of 30 days, starting from the day following the order. In this case, ROSISTIREM will propose to the client a refund of the money or a similar or higher quality product and the client will be the one who chooses the one that best suits him and in the event that the payment is not made after 30 days of the purchase, the user may claim double the amount owed, without prejudice to his right to be compensated.

IX. Hiring procedures

To purchase and contract the products and services offered through the Website, it is necessary to create a personal account, accessing through a Facebook account or providing the required data in accordance with our Privacy Policy. Once accessed, the selected products and services, the recipient's data and delivery time are confirmed. When the recipient is a third party other than the buyer, only the personal data of the recipient in which the recipient has given the corresponding informed consent may be entered so that the data can be processed for the purposes of receiving the order and for ROSISTIREM, S.L. can carry out the corresponding follow-up with the recipient. The client/buyer will respond to ROSISTIREM, S.L. of the legitimacy and quality of said data of the recipient. The purchase is closed with the payment phase, after choosing the means and entering the required data.

Once the purchase process is completed, the customer will receive a confirmation by email and/or SMS along with the corresponding invoice or copy of the order. It is essential that during the purchase process the customer indicates a valid email or telephone number. If you do not receive confirmation within 24 hours of completing your order, please contact us.

X. Delivery of the order

Through the Website, tracking systems can be applied throughout the process of order preparation and shipping until delivery, indicating the status of the order at each phase and facilitating communication in the event of any unforeseen event to guarantee the quality of the service at all times. In the event that it is not possible to view the status of the order, the customer may contact us through the contact methods provided above or by email. rosistirem@gmail.com to know the data that you cannot view related to the delivery of the order.

The order will be delivered to the address indicated by the customer in the purchase process within approximately 24 hours to 72 business hours from the time they leave the ROSISTIREM, S.L. warehouse. In the event that the delivery of the order cannot be completed because the delivery data was incorrect, incomplete or false or when the delivery is not made for reasons beyond the control of the shipping company assigned for this purpose, or due to the absence of the recipient or Customs, ROSISTIREM, S.L. will not assume any responsibility, but does undertake to deliver within a maximum of 30 business days after contracting.

Due to the exceptional situation of COVID-19, delivery dates may be affected within a period of 48-72 hours.

The client assumes the risks of deterioration, impairment, damage and loss of the products of the order from the moment of their delivery in accordance with the procedure regulated in these Terms and Conditions. The client will be responsible for the storage and conservation of the products under the conditions that, where appropriate, are established on their labeling.

XI. Prices

All products indicate the sales price in Euros and include Value Added Tax (VAT). If any other tax were applicable, this would be indicated. These prices will be those in force at all times, except for possible obvious typographical errors.

The price of each product will be the one stipulated at all times on the Website, except in cases of obvious error, but prices may change at any time, although possible changes will not affect already confirmed orders.

XII. Shipping costs

ROSISTIREM, S.L. will specify shipping prices once delivery details are entered. These prices may fluctuate depending on market demand and in the case of the promotion of free shipping in Spain, the Canary Islands, Ceuta and Melilla will be excluded. Shipping costs may vary when the customer requests a specific delivery time (e.g. express delivery), in which case, the amount of said shipping costs will be detailed during the purchase process.

XIII. Payment methods and order execution

The customer may pay the amount of their order by choosing any of the following methods. During the purchasing process you must indicate your choice:

Credit or debit card, VISA, MASTERCARD, AMERICAN

All operations involving the transmission of personal or banking data are carried out using a secure environment, a server based on standard SSL (Secure Sockets Layer) security technology. All information you transmit to us travels encrypted over the network.

Likewise, your credit card data is entered directly into Stripe (payment gateway) or Addon Payments (La Caixa payment gateway) and is not entered or registered on any ROSISTIREM, S.L. server.

When paying with a VISA or MASTERCARD or AMERICAN card, you will always be asked for the following information: the card number, the expiration date, and a Validation Code that matches the last three figures of the number printed in italics on the back of your VISA or MASTERCARD or AMERICAN card, thus offering more guarantees about the security of the transaction.

When the amount of a purchase has been charged fraudulently or improperly using a payment card number, its owner may demand the immediate cancellation of the charge. In such case, the corresponding debit and recredit entries in the accounts of the supplier and the owner will be made as soon as possible.

However, if the purchase had actually been made by the cardholder and the demand for a refund was not a consequence of having exercised the right of termination and, therefore, had improperly demanded the cancellation of the corresponding charge, the cardholder will be obligated to ROSISTIREM, S.L. to compensation for damages caused as a result of said cancellation.

PayPal

Allows you to send payments online safely and comfortably. The PayPal network builds on the existing financial infrastructure of bank accounts and credit cards to create a global real-time payment solution. Paypal offers a service specially designed for those who are not satisfied with traditional payment mechanisms. You can find out more details at http://www.paypal.com

Amazon payments

Amazon Payments offers a trusted online payment service that allows customers with a personal Amazon account to make payments to users with seller accounts or business accounts using web- or mobile-based services and applications. You can learn more details at: https://pay.amazon.es/help/201751590

Google payments

Google Pay allows the customer to save their payment data in their Google account, manage it from one place and use it to carry out transactions with Google and third parties through credit or debit cards, gift cards, bank or virtual account numbers, digital wallets, etc. You can find out more details at: https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=buyertos&ldr=ES.

In reference to the transmission of personal data resulting from the payment of orders, see our Privacy Policy.

XIV. Guarantees

All products offered on the Website have the commercial guarantee of their supplier. The customer has an after-sales service at their disposal, while the warranty is in force, which can be executed by contacting ROSISTIREM SL.

XV. Right of withdrawal, returns and claims

Right of withdrawal

As established in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, supplies of goods made in accordance with the consumer's specifications or clearly personalized, or that, due to their nature, cannot be returned or may deteriorate or expire quickly, are exempt from withdrawal.

Without prejudice to the above, the right of withdrawal does operate for products or services that do not meet the above characteristics, such as vases. In these cases, the client can withdraw from the contract during the following 14 days from the delivery of the order, without having to justify any reason. As a result of your withdrawal, ROSISTIREM, S.L. will proceed to refund the full payment for the withdrawn products or services, including, where applicable, ordinary delivery costs, within 14 days of receipt of the withdrawal request. The refund will be made by the same means used by the client for payment, unless otherwise indicated by the client.

The customer must return the withdrawn products, assuming the cost of return, within 14 days from the notification of the withdrawal. ROSISTIREM, S.L. You may withhold the refund until the products are returned, as well as reduce the amount to be reimbursed when the products are returned in poor condition.

When the client exercises their right of withdrawal regarding the subscription or gift card service, ROSISTIREM, S.L. will retain the amounts worth the purchases and deliveries that have already been executed, proceeding to reimburse the remaining amount to be consumed.

To exercise the right of withdrawal, you must send us an e-mail indicating your name, surname, order number, products to be withdrawn, a contact telephone number and the reason for exercising the right of withdrawal to rovertirem@gmail.com.

Returns

If there is a problem with the order and the customer wants to return it, they must send an e-mail to rosistirem@gmail.com and ROSISTIREM, S.L. is obliged to return the full amount of the order or replace the product with a new one in these cases:
-When the product has not been delivered on the agreed date and said responsibility cannot be attributed to the recipient, the amount will be refunded.
-When defects are found in the bouquet, or it does not correspond to the characteristics of the order placed, the amount will be refunded or the order will be replaced with a new one.
-When delivery has been contracted for a specific time slot, and the corresponding supplement has been charged for this purpose, said amount will be returned when there are delays in delivery for reasons not attributable to the recipient.
-In some shipments, some flowers in the order may not be available due to quality or availability problems. In these cases, we reserve the right to replace this flower with one of the same or higher value.

Claims

If the customer wishes to file a claim, they can do so via email rosistirem@gmail.com or at the consumer protection office.

Online disputes

However, the above, in accordance with Regulation (EU) 524/2013, the European Commission provides a free access platform for the extrajudicial resolution of online disputes through electronic contracting (http://ec.europa.eu/consumers/odr/) to which the parties can voluntarily submit, through the intervention of the so-called Dispute Resolution Body, which acts as a neutral intermediary between both parties.

XVI. User/client obligations

As a user or client you expressly declare that you know, understand and accept the conditions of use and contracting under these Terms and Conditions. Likewise, you declare that you are over 16 years of age and have the legal and acting capacity necessary to access this ROSISTIREM, S.L. website. and contracting through them.

Furthermore, the client undertakes: to pay punctually for the contracted service or services, to make good use of the Website and to respect the applicable laws (including, but not limited to, intellectual and industrial property laws) and the legal texts applicable to the Website and, by extension, not to infringe the rights of third parties or carry out any illicit activity and not to participate in any activity that hinders or interferes with the operation of the Service, including the operation of the servers and networks that are connected with the service.

You agree to be solely responsible, without ROSISTIREM, S.L. must assume any responsibility towards the client or third parties, for any breach of its obligations provided for in the Legal Texts, as well as for the consequences of said breach, including any losses or damages that we may incur.

Being a user of the Website implies that you acknowledge having read and accepted the legal texts (Legal Notice and General Terms and Conditions of Use, Privacy Policy and Cookies Policy) and what is extended by the applicable legal regulations.

XVII. Jurisdiction

Without prejudice to the option available to the parties to voluntarily submit to the online dispute resolution system mentioned in the previous section, the relationship between the user and the provider will be governed by the regulations in force and applicable in Spanish territory. If any controversy arises, the parties may submit their conflicts to arbitration or go to ordinary jurisdiction, complying with the rules on jurisdiction and competence in this regard, subject to the forum of the consumer's domicile.

In the case of a sale carried out by a company acting within the framework of its business or commercial activity, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona (Spain).

Likewise, ROSISTIREM, S.L. reserves the right to file civil and/or criminal actions that it deems appropriate for improper use of the Website and its contents, or for non-compliance with these Terms & Conditions.

This Legal Notice and General Conditions of Use document for a website has been created by the Rosistirem legal department on 07/15/2020.

Contact information for ROSISTIREM

Address:Carrer Rull 3, 08002 Barcelona
Contact telephone number: 931 770 289
Contact email:rosistirem@gmail.com
Policy Update: 07/15/2020