1. 1. PRELIMINARY INFORMATION REGARDING THE CONTRACTING PROCESS
1.1 This web page www.fiorimichelapozzato.com is owned by FIORI MICHELA POZZATO, Via Vincenzo Monti, 36 20123 Milano, with Fiscal Code (C.F.) PZZMHL67H62L840U, VAT Number 06931220963.
The General Terms and Conditions of Contract regulate the distance selling relationship between FIORI MICHELA POZZATO and the user or customer, in accordance with the current legislative provisions.
1.2 FIORI MICHELA POZZATO reserves the right to exercise the right to implement changes it deems appropriate, without prior notice, to the General Terms and Conditions. These changes may be made through its web pages, in any form permissible by law, and will be in effect as long as they are published on the website and until validly modified.
However, FIORI MICHELA POZZATO reserves the right to apply, in certain cases, Specific Contract Conditions instead of these General Terms and Conditions when it deems it appropriate, announcing it in a timely manner and in the appropriate manner.
1.3 The purpose of the website is to offer and advertise the sale of flowers, plants, and decorative items.
The duration of the contract will be linked to the delivery of the product.
1.4 The user or customer explicitly declares to know, understand, and accept the terms of use and the aforementioned General Terms and Conditions of the contract. Likewise, they declare to be of legal age and to have the legal capacity and capacity to act necessary to access the FIORI MICHELA POZZATO website and make purchases through it.
1.5 It is essential that during the purchasing process, the user or customer provide a valid email address.
Upon completing the purchase process, the customer will receive the order confirmation sent to their email.
If the customer does not receive the confirmation of purchase in 24 hours after the finalization of the order, please contact FIORI MICHELA POZZATO by phone at 389.5029561 or by e-mail at info@fiorimichelapozzato.com.
1.6 The request for an invoice must be made at the same time as the order, using the appropriate section. An invoice cannot be requested once the order is confirmed.
2. OFFER AND VALIDITY
In accordance with current regulations, FIORI MICHELA POZZATO provides information on all items for sale, their essential characteristics, and their prices. However, FIORI MICHELA POZZATO reserves the right to withdraw, reinstate, or change the products offered on its website by simply making changes to its content. Therefore, the products offered on the website at any given time will be subject to the current General Terms and Conditions of Contract on a case-by-case basis. Likewise, FIORI MICHELA POZZATO will have the right to cease offering access to the mentioned products without prior notice and at any time.
3. FLOWERS
3.1 FIORI MICHELA POZZATO primarily offers natural flowers sourced from local growers, cultivated in open fields without artificial forcing, in accordance with seasonality and the characteristics of the region. Due to this choice, the flowers offered for sale cannot be standardized in terms of size, colour, shape, and lifespan.
The products available in the e-shop at www.fiorimichelapozzato.com consist of freshly cut natural flowers, and their lifespan varies depending on the type of flower and the seasonal harvesting period. Their differing lifespans are considered an essential characteristic of the flower.
3.2 All flower orders are subject to availability. The user or customer understands and accepts that the flowers offered are natural products and, by their nature, may exhibit some variations in size, colour, shape, and lifespan, differing slightly from the specifications.
3.3 When ordering a product from FIORI MICHELA POZZATO, the user or customer acknowledges and accepts that the flowers composing the product will be chosen at the exclusive discretion of FIORI MICHELA POZZATO based on the season and availability, while respecting the colour indication provided by the user and customer in the order.
3.4 In the event of supply difficulties, the user or customer acknowledges and accepts that, at the exclusive discretion of FIORI MICHELA POZZATO, one or more components may be replaced with others of similar value and quality without prior notice.
3.5 FIORI MICHELA POZZATO cannot guarantee that the supplied flowers are allergen-free. For additional information before placing an order, the user or customer can contact FIORI MICHELA POZZATO or specify which flowers to exclude in the “Notes” section within the order form.
FIORI MICHELA POZZATO disclaims responsibility for any allergic reactions caused by flowers or other materials used in compositions or for any stains or discolouration caused by the flowers.
4. ESSENTIAL PRODUCTS FEATURES
4.1 The products available in the online store of FIORI MICHELA POZZATO include a photograph and a description of the essential characteristics that represent them.
The type of flowers and the colours of the product may vary based on supplies and availability, in accordance with the reference description.
4.2 The images of flowers and products on the FIORI MICHELA POZZATO website are purely for illustrative purposes of creative style, should be considered as mere references, and do not imply any guarantee regarding the characteristics of the purchased product.
The continuous supply of natural flowers with the characteristics mentioned in section 3.1 and their blending into endless combinations make it impossible to provide an exact photographic representation of the products, which, due to these characteristics, are unique and original.
5. PRICES
All products indicate the selling price in Euros and include VAT. If any additional tax is applicable, it will be specified.
6. DELIVERY CHARGES
FIORI MICHELA POZZATO only delivers within the city of Milan. The delivery service is included in the price.
7. ORDER DELIVERY
7.1 Upon sending the order confirmation, the product will be delivered to the address provided by the user or customer at the time of the order, approximately within half a working day from the conclusion of the order or on the chosen and specified day.
7.2 Orders completed before 1:00 PM can be delivered in the afternoon of the same day.
Orders completed after 1:00 PM will be delivered starting from the following day.
Orders completed after 1:00 PM on Saturdays will be delivered starting from the following Monday.
7.3 The FIORI MICHELA POZZATO store observes the following opening hours: Monday to Saturday from 9:30 AM to 7:00 PM.
Deliveries are made during the following time slots: from 10:00 AM to 1:00 PM and from 3:30 PM to 6:30 PM exclusively on the store’s opening days.
7.4 FIORI MICHELA POZZATO assumes no responsibility in case the order cannot be completed due to incomplete or erroneous data provided by the user or for reasons beyond the scope of responsibility of the delivery agency, such as the absence of concierge service, absence of the recipient, or incomplete or erroneous recipient data.
8. PAYMENT METHODS AND ORDER EXECUTION
8.1 The user or customer can make payment for their order by choosing one of the following methods and indicating their preference among the following payment methods: Visa, Visa Debit, MasterCard, or American Express credit or debit card.
8.2 All operations involving the transmission of personal or banking data are conducted using a secure environment, a server based on standard SSL (Secure Sockets Layer) security technology. Every transmitted piece of information will be encrypted while traveling through the network.
8.3 Credit card information is entered directly on the Stripe platform (payment gateway) and is not entered or stored on any FIORI MICHELA POZZATO server.
8.4 When proceeding with payment using VISA or MASTERCARD, the following information will always be requested: card number, expiration date, and a Validation Code which corresponds to the last three digits of the number printed in italics on the back of the VISA or MASTERCARD card, thereby providing additional security for the transaction. This payment method is valid only on the website.
8.5 In the event that the purchase amount is improperly or fraudulently charged using the card number, the cardholder may demand the immediate cancellation of the charge. In such a case, the corresponding debit and refund entries in the supplier’s and cardholder’s respective accounts will be made as soon as possible.
8.6 However, if the purchase was made by the cardholder and the refund request was made improperly, the responsible party will be obliged to compensate FIORI MICHELA POZZATO for the damages resulting from such cancellation.
8.7 In the event that payment made with one of the available methods fails or is rejected by the payment service provider, FIORI MICHELA POZZATO will not be obligated to execute the order. If payment is unsuccessful, FIORI MICHELA POZZATO reserves the right to request reimbursement from the user or customer for any related expenses or damages
9. CHANGES IN TERMS
FIORI MICHELA POZZATO reserves the right to modify these Terms at any time. In such a case, FIORI MICHELA POZZATO will provide appropriate notice of the changes to users or customers.
The changes will only take effect in the relationship with the user or customer from the moment communicated to the User.
The use of the online sales service within www.fiorimichelapozzato.com implies the acceptance by the user or customer of the updated Terms.
If required by law, the Owner will inform Users in advance of the effective date of the modified Terms.
10. RIGHT OF WITHDRAWAL, REFUND AND COMPLAINTS
10.1 In accordance with Article 59 of the Italian Consumer Code, the provision of goods and services made to the consumer’s specifications or clearly personalized or which, by their nature, cannot be returned or may deteriorate or expire rapidly, are exempt from the right of withdrawal.
10.2 A user or customer may address a complaint to the email address info@fiorimichelapozzato.com, giving a brief description and details of the affected order, purchase, or account.
FIORI MICHELA POZZATO will process the request without undue delay and within 10 days of its receipt.
11. DISPUTE RESOLUTION
11.1 The user or customer can report any disputes to FIORI MICHELA POZZATO, which will attempt to resolve them amicably.
11.2 The European Commission has introduced an online platform for the alternative resolution of disputes that facilitates the out-of-court settlement of disputes arising from online sales and service contracts.
Therefore, every European Consumer or those based in Norway, Iceland, or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available at this link : https://webgate.ec.europa.eu/odr
12. JURISDICTION
FIORI MICHELA POZZATO reserves the right to take civil or criminal action it deems appropriate for the improper use of its websites and content or for any non-compliance with these terms.
The relationship between the user or customer and FIORI MICHELA POZZATO complies with the current and applicable regulatory provisions in the Italian territory. In the event of a dispute, the parties may submit conflicts to arbitration or the judicial system, respecting common rules on jurisdiction and competence.
