Terms of service

  1. GENERAL INFORMATION

This website, artflowers.site, is operated by KVITKA S.L. under the commercial name ArtFlower Studio.

Seller information:

KVITKA S.L.
NIF: B25978883
Commercial name: ArtFlower Studio
Registered address: Rambla Just Oliveras 58 P1, 08901 L’Hospitalet de Llobregat, Barcelona, Spain
Email: artflowerstudiobcn@gmail.com
Website: artflowers.site

Throughout these Terms of Service (“Terms”), the terms “we”, “us” and “our” refer to KVITKA S.L., operating as ArtFlower Studio.

These Terms govern access to our website and the purchase and use of products and services offered through it.

By placing an order through our website, you agree to these Terms, our Privacy Policy, Refund Policy, Shipping Policy and any other policies applicable to your purchase.

Nothing in these Terms limits or excludes any mandatory rights granted to consumers under applicable Spanish or European Union law.

  1. ONLINE STORE

Our online store is hosted using Shopify's ecommerce platform.

You may use our website only for lawful purposes and in accordance with these Terms.

You must not attempt to interfere with the security or proper operation of the website, introduce malicious software, gain unauthorised access to systems or use the website for fraudulent or unlawful purposes.

  1. PRODUCTS

ArtFlower Studio sells fresh flowers, bouquets, floral arrangements, gifts, balloons and other related products.

Fresh flowers are natural and seasonal products. Each arrangement is handmade and unique.

The photographs displayed on our website represent the general style, colour palette, size and aesthetic of the products as accurately as reasonably possible. However, natural variations may occur.

Flowers may vary in colour, size, shape or appearance from the photographs shown.

  1. FLOWER AVAILABILITY AND SUBSTITUTIONS

The availability of particular flowers, varieties and shades depends on seasonality and market availability.

If a flower, variety, decorative element or shade shown in a product photograph is unavailable, we may substitute it with an alternative of similar style, quality, value and colour palette.

Our florists will make reasonable efforts to preserve the overall aesthetic, character and value of the arrangement ordered.

Minor differences caused by seasonality, natural variation or reasonable substitutions do not constitute a product defect.

Where a substitution would materially change the overall character of the product, we may contact the customer when reasonably possible.

  1. PRICES

Prices displayed on our website are shown in euros (€).

Prices include applicable taxes where required by law unless expressly stated otherwise.

Delivery charges, where applicable, are calculated or displayed separately before the order is completed.

We may change product prices at any time. Any price change will not affect an order that has already been confirmed, except where there is an obvious pricing or technical error as described below.

  1. ORDERS AND CONTRACT FORMATION

By placing an order, you confirm that the information provided is accurate and complete and that you are authorised to use the selected payment method.

Submitting an order does not necessarily mean that we have accepted it.

An order is considered accepted once we have confirmed it and payment has been successfully authorised or received.

We reserve the right to refuse or cancel an order where reasonably necessary, including in cases of:

• Product unavailability.
• Incorrect or incomplete order information.
• Suspected fraud or unauthorised payment.
• Delivery being impossible or outside our available delivery area.
• An obvious pricing, technical or website error.
• Circumstances that make fulfilment of the order impossible.

Where we cancel an order that has already been paid for and the cancellation is attributable to us, any amount due to the customer will be handled in accordance with applicable law and our Refund Policy.

  1. PAYMENT

Payment must be made using one of the payment methods available during checkout.

Payment services may be provided by third-party payment providers.

We do not directly store complete payment card information where payment information is processed by an external payment provider.

An order may not be prepared or dispatched until the required payment has been successfully authorised or received.

  1. DELIVERY

Customers are responsible for providing complete and accurate delivery information, including:

• Recipient's name.
• Complete delivery address.
• Correct telephone number.
• Floor, apartment, door or access information where applicable.
• Any other information reasonably necessary to complete delivery.

The customer is responsible for checking this information before submitting the order.

Delivery dates and time windows selected or communicated during the ordering process are subject to availability and operational circumstances.

We make reasonable efforts to deliver within the agreed or indicated period. However, delivery times may be affected by traffic, weather, access restrictions, incorrect customer information, recipient availability or other circumstances outside our reasonable control.

Unless expressly guaranteed in writing, delivery times should be considered estimated.

  1. RECIPIENT UNAVAILABLE OR INCORRECT DELIVERY INFORMATION

If the recipient is unavailable, we may attempt to contact the recipient or the customer using the telephone details provided with the order.

Where reasonably possible, we may arrange another delivery attempt or follow reasonable delivery instructions provided by the customer or recipient.

If delivery cannot be completed because:

• The delivery address is incorrect or incomplete.
• The telephone number provided is incorrect.
• Necessary access information was not provided.
• The recipient refuses the delivery.
• The recipient is unavailable and we cannot reasonably complete the delivery.

the order may be considered undeliverable.

Additional delivery attempts may require an additional delivery fee.

Because fresh flowers are perishable, an unsuccessful delivery caused by incorrect information or recipient unavailability may affect the possibility of cancellation, replacement or refund, subject always to mandatory consumer rights.

  1. CANCELLATIONS, RETURNS AND REFUNDS

Fresh flowers and many floral products are perishable goods and are prepared specifically for individual orders.

Accordingly, the statutory right of withdrawal applicable to many distance purchases may not apply to goods that are liable to deteriorate or expire rapidly, in accordance with applicable consumer law.

Orders are therefore subject to our Refund Policy.

Except where required by applicable law, we do not provide refunds merely because a customer changes their mind after an order has been confirmed or because the recipient does not want the product.

This does not affect your legal rights where a product is defective, materially non-conforming or where we have failed to fulfil our contractual obligations.

  1. DAMAGED, INCORRECT OR NON-CONFORMING PRODUCTS

If an order arrives significantly damaged, materially differs from the product ordered for reasons attributable to us, or otherwise does not conform to the contract, please contact us as soon as reasonably possible at:

artflowerstudiobcn@gmail.com

Please provide the order number, a description of the issue and clear photographs where appropriate.

We will review the circumstances and provide the remedy required under applicable law, which may include replacement, price reduction or refund where appropriate.

Natural variations and reasonable flower substitutions as described in Section 4 are not, by themselves, considered defects.

  1. PRICING AND WEBSITE ERRORS

We make reasonable efforts to ensure that prices, descriptions and other information on our website are accurate.

However, technical, typographical or pricing errors may occasionally occur.

If an obvious error affects an order, we may contact you to explain the issue and offer the possibility of confirming the order at the correct price or cancelling it.

Where an order is cancelled because of an error and payment has already been collected, the relevant amount will be returned in accordance with applicable law.

  1. PRODUCT IMAGES AND COLOURS

We make reasonable efforts to display product photographs and colours accurately.

However, colours may appear differently depending on the customer's device, screen settings and lighting.

Flowers are natural products, and differences in tone, shape, opening stage and appearance are normal.

  1. GIFT MESSAGES AND THIRD-PARTY RECIPIENTS

Where available, customers may provide a message to accompany an order.

The customer is responsible for ensuring that any message submitted is lawful and appropriate.

Where an order is sent to another person, we may use the recipient's contact information solely as necessary to coordinate and complete the delivery and in accordance with our Privacy Policy.

  1. INTELLECTUAL PROPERTY

Unless otherwise stated, the content of this website, including photographs, text, branding, graphics, designs and other materials, belongs to KVITKA S.L. or is used with appropriate authorisation.

You may not reproduce, distribute, modify, commercially exploit or otherwise use protected website content without our prior permission, except where permitted by law.

  1. THIRD-PARTY SERVICES AND LINKS

Our website may use or contain links to third-party services, including payment services, social networks and other external platforms.

Third-party services may be subject to their own terms and privacy policies.

We are not responsible for independent third-party websites or services except to the extent that liability cannot legally be excluded.

  1. PERSONAL DATA

Personal data collected through our website is processed in accordance with our Privacy Policy and applicable data protection legislation.

Please review our Privacy Policy for further information about how we collect, use and protect personal data.

  1. WEBSITE AVAILABILITY

We aim to keep our website and online store available and functioning correctly.

However, we cannot guarantee uninterrupted availability. We may temporarily suspend or modify parts of the website for maintenance, security, technical reasons or circumstances outside our reasonable control.

Nothing in this section limits liability that cannot legally be excluded under applicable consumer law.

  1. LIABILITY

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

To the extent permitted by law, we are not responsible for losses caused exclusively by circumstances outside our reasonable control or by incorrect information provided by the customer.

For consumers, these Terms do not limit any mandatory rights or remedies provided by Spanish or European Union consumer protection law.

  1. PROHIBITED USE

You must not use our website:

• For unlawful or fraudulent purposes.
• To infringe intellectual property or other rights.
• To transmit malicious software or harmful code.
• To attempt unauthorised access to our systems.
• To collect information unlawfully.
• To interfere with website security or operation.
• To submit deliberately false or misleading information.

We may restrict access to the website where reasonably necessary to protect our services, customers or legal rights.

  1. CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes in our business, services, website or applicable law.

The current version will be published on this website with an updated revision date where appropriate.

Changes will not retroactively remove mandatory rights relating to orders already concluded.

  1. GOVERNING LAW

These Terms and contracts entered into through our website are governed by Spanish law, without prejudice to any mandatory consumer protection rules that may apply to customers residing in another jurisdiction.

For consumers, any dispute will be handled by the courts or authorities competent under applicable consumer and procedural law.

Nothing in these Terms requires a consumer to waive any jurisdiction or protection that cannot legally be waived.

  1. CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

KVITKA S.L.
NIF: B25978883
Commercial name: ArtFlower Studio

Rambla Just Oliveras 58 P1
08901 L’Hospitalet de Llobregat
Barcelona, Spain

Email: artflowerstudiobcn@gmail.com
Website: artflowers.site