Terms and conditions
These terms and conditions apply to the use of this website. By accessing this website and/or placing an order, you agree to comply with the terms and conditions set out below.
Before placing an order, if you have any questions regarding these terms and conditions, please contact us using the information provided in the dedicated section (GSM: 0759031085, telephone: 0213134530 or email: office@magnolia.ro, opening hours Monday–Friday 08:00–21:00, Saturday 08:00–20:00, Sunday 09:00–19:00).
All calls to customer support services will be charged at the standard rate applied by your telecommunications operator, and calls (both incoming and outgoing) may be recorded for the purpose of monitoring the quality of our services and improving Magnolia's products and/or services.
Magnolia reserves the right to change, correct, amend, add and/or withdraw these terms and conditions, in whole or in part. Therefore, please check the provisions of this document regularly. In any event, the updated version of the terms and conditions may be viewed at any time by using the "Terms and Conditions" link at the bottom of the website pages.
If you do not agree to comply with these terms and conditions, please do not use this website. Furthermore, if, at any time, the terms and conditions set out in this document become unacceptable to you, please immediately cease accessing and using magnolia.ro.
TABLE OF CONTENTS
- DEFINITIONS AND INTERPRETATION
- ACCESS
- INTELLECTUAL PROPERTY RIGHTS
- MINORS
- THE MAGNOLIA ACCOUNT
- REPRESENTATIONS AND WARRANTIES
- CONFIDENTIALITY AND SECURITY
- PRODUCTS
- SERVICES
- PRICES
- ORDERS
- PAYMENTS
- DELIVERY
- WITHDRAWALS AND CANCELLATIONS
- WARRANTIES
- DISPUTE RESOLUTION
- PARTNERS
- FORCE MAJEURE
- SOCIAL NETWORKS / SOCIAL MEDIA
- FRAUD
- LIMITATIONS
- FINAL PROVISIONS
1. DEFINITIONS AND INTERPRETATION
1.1. Definitions
1.1.1. Magnolia, the Company or the Seller means Comgaby Moln SRL, a Romanian legal entity with its registered office in Susenii Bârgăului, no. 261 A, Bistrița-Năsăud County, registered with the Trade Register under no. J06/251/1997;
1.1.2. The Website, the Platform or magnolia.ro means the domain www.magnolia.ro and/or the dedicated subdomains;
1.1.3. Visitor means any person who visits the Website or our social media pages and who has the possibility to browse magnolia.ro, place Orders, communicate with us through the Chat, through social networks or by any other means;
1.1.4. User means any Visitor who has completed the registration process for a Magnolia Account;
1.1.5. Products and/or Services means any product or service to be supplied by Magnolia as a result of the Contract concluded between the Seller and the Buyer;
1.1.6. Customer or Buyer means the Visitor or User who places an order on the Website in order to benefit from Magnolia Products and/or Services in exchange for the price associated with such Magnolia Products and/or Services;
1.1.7. Order means an electronic document concluded between Magnolia and the Buyer whereby the latter expresses their intention to purchase Products and/or Services supplied by the Seller and to make payment for them;
1.1.8. User Account or Account means the section of the Website consisting of an email address and a password containing information about the Customer and/or order history, preferences, etc.;
1.1.9. Contract means the form of electronic distance communication concluded between the Parties, whereby the Seller validates the Customer's order and expresses its agreement regarding the sale/delivery of the Product and/or provision of the Service;
1.1.10. Digital Content means all information of any kind and all files available on the Website or displayed by Magnolia on our social media pages (such as photographs, illustrations, text files, video and/or audio files, animations, Flash files, data files and other materials, including but not limited to images, texts, symbols, web graphics, scripts, programs, etc.) that may be visited, viewed or otherwise accessed through an electronic terminal;
1.1.11. Comment or Feedback means any appreciation, criticism or observation provided by a Visitor or User as a result of browsing the Website and/or purchasing Goods and/or Services, regardless of whether these are displayed on the Website or on Magnolia pages available on social networks;
1.1.12. Document means the magnolia.ro Terms and Conditions;
1.1.13. GDPR means Regulation (EU) 2016/679 of 27 April 2016 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC;
1.1.14. Specific Data Protection Legislation means national and European legislation concerning data protection, including but not limited to the GDPR;
1.1.15. Data Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of processing personal data. For the purposes of this Document, this term shall refer to Magnolia;
1.1.16. Partner means a natural/legal person who supplies Products and/or provides Services for the benefit of the Seller;
1.1.17. Newsletter means the exclusively electronic newsletter sent by the Company regarding news related to Magnolia's activities, advice on plants and flowers, information regarding Magnolia Products and/or Services and/or promotions carried out by the Seller during a certain period, without any commitment on our part regarding the information contained therein.
1.2. Interpretation
1.2.1. For the interpretation of this Document:
1.2.2. Words in the singular include the plural and vice versa;
1.2.3. References to a person include that person's successors and permitted assigns;
1.2.4. The headings of this Document are for guidance purposes only and shall not affect the meaning or interpretation of the Document;
1.2.5. The preamble and introductory section of this Document form an integral part thereof;
1.2.6. The Data Protection section forms an integral part of this Document. Furthermore, all other notices, policies, sections or other terms already displayed on the Website form an integral part of the magnolia.ro Terms and Conditions;
1.2.7. For the interpretation of this Document, one gender includes the other;
1.2.8. "Including" and similar expressions are not intended to be limiting, but illustrative.
2. ACCESS
2.1. The access provided by Magnolia to this Website is strictly intended for browsing, using, logging in, placing orders, tracking orders and/or providing us with Feedback.
2.2. Users/Visitors of magnolia.ro assume full responsibility for accessing and using this Website.
2.3. The use of the Website for commercial purposes and/or in a manner contrary to the interests of the Company is prohibited without Magnolia's prior written consent.
2.4. Users or Visitors of the Website may display, upload, publish Comments and review the Products and/or Services offered by magnolia.ro, submit suggestions and/or questions and any other communications regarding the Products and/or Services only if they use civilized and appropriate language and the content of such communications is not illegal, defamatory, does not contain viruses and does not infringe in any way upon the rights/interests of other persons. Magnolia reserves the right not to respond to and/or to delete any Comment, review or communication that does not comply with the requirements set out above.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. The Digital Content, as well as the domain and subdomains of this Website, are protected by copyright or other intellectual/industrial property rights belonging to Magnolia and/or its collaborators or other third parties.
3.2. It is strictly prohibited to download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from or in connection with the Digital Content to which you have access, distribute, display/reverse engineer/alter it or otherwise exploit it, in whole or in part, without Magnolia's prior written consent. For any questions regarding intellectual property rights and/or related rights, please contact us at the following email address: conciliere@magnolia.ro.
4. MINORS
4.1. The Products and/or Services available on the Website may contain or include alcoholic beverages. If you are under 18 years of age, the purchase of such Products and/or Services is strictly prohibited.
4.2. In any event, in order to register a Magnolia Account and/or place Orders, you must be at least 18 years old.
5. THE MAGNOLIA ACCOUNT
5.1. Account Opening
5.1.1. The Platform service called "My Account" (hereinafter the "Service") is provided by Magnolia free of charge for your strictly personal use, subject to and in compliance with the Terms and Conditions.
5.1.2. As a Visitor, you have the right, but are under no obligation, to create a Magnolia Account by completing the dedicated form.
5.1.3. If you do not wish to register as a Magnolia User, you may still browse and place orders on the Website.
5.1.4. In all cases, you undertake and agree not to use the Platform and/or the Service/Digital Content for purposes other than those regulated by this Document.
5.2. Login Details
5.2.1. Your Account login/access details must remain strictly confidential and must not be distributed or disclosed to any other person.
5.2.2. If you know or suspect that someone else knows your Account login details, you must notify us immediately.
5.2.3. If you forget your password, please use the dedicated password recovery service (this option can be found next to the registration box in My Account under the name "Forgot your password?").
5.3. Activity Conducted Through the Account
5.3.1. By accessing your Account and using your personal password, you are responsible for all actions resulting from their use.
5.3.2. Magnolia cannot be held responsible for errors resulting from the User's negligence concerning the security and confidentiality of their Account and password.
5.3.3. If Magnolia has reason to believe that there may have been a security breach or misuse of the Service or Platform through your Account, we may ask you to change your password or, as applicable, suspend the use of the Service.
5.4. Limitations
5.4.1. We reserve the right to refuse registration or delete the User's Account if we determine or have reasonable grounds to believe that the User has used inaccurate information or is using magnolia.ro in breach of the Terms and Conditions.
5.4.2. Your access to the Magnolia Website and Service may occasionally be restricted to allow routine maintenance.
5.4.3. Although we take all reasonable measures and precautions regarding your Account, we provide no warranty (express or implied) of any kind regarding its content or operation. For example, we do not guarantee that use of the Service will never be interrupted or error-free. Accordingly, you acknowledge that Magnolia is released from any such liability, claim or damage arising from or in connection with your use of the Service.
6. REPRESENTATIONS AND WARRANTIES
6.1. As a Visitor/User/Customer, you warrant that:
a) Whenever you interact with Magnolia, you always act in good faith and provide us with accurate, complete and truthful information;
b) You promptly update your registration/order details or any other information you provide to Magnolia in order to keep them accurate, current and complete; updates may be made at any time by accessing the Account Information section in My Account. This will help us ensure that the Service we provide is accurate, compliant and up to date.
c) When you provide us with information concerning third parties (such as, for example, information regarding the recipient of a floral arrangement), you always act in good faith, based on the consent provided or reasonably presumed by the data subject, and you have no indication that providing/disclosing the recipient's/third party's data or delivering Magnolia Products and/or Services would cause any inconvenience to the data subject or materially affect their legitimate rights and/or interests.
6.2. The use of the Service is intended to facilitate your purchases made through the Platform.
6.3. The Service and, generally, the Platform must not be used for the following purposes:
a) Publishing, distributing, disseminating, posting or transmitting unlawful, illegal, harassing, defamatory, abusive, threatening, vulgar, obscene or otherwise harmful messages, materials, Comments or information;
b) Harassing, defaming, disturbing, threatening or otherwise infringing upon the legitimate rights of others, including data protection rights;
c) Gaining unauthorized access to other computer systems;
d) Interfering with the use of the Website by any other Visitor/User/Customer;
e) Attempting to modify/alter/affect the Digital Content in any way;
f) Uploading, publishing or otherwise transferring files containing viruses, spyware, malware, corrupted files or any other software or similar programs that may damage or limit/affect the functionality of the Platform, the Magnolia Service or the Digital Content;
g) Using any communication or Digital Content or information obtained through the Platform in a manner that conflicts with Magnolia's legitimate interests or with our activities or those of our affiliates/partners;
h) In a manner that could damage, disable, overload or otherwise affect magnolia.ro or interfere with the use and maintenance of the Website;
i) Attempting to gain unauthorized access to any other Magnolia accounts, computer systems or networks associated with magnolia.ro;
j) Attempting to obtain materials or information by means that have not been made available by magnolia.ro or expressly permitted by Us.
6.4. ANY ATTEMPT TO ACCESS ANOTHER USER'S PERSONAL DATA, MODIFY THE WEBSITE CONTENT OR AFFECT THE PERFORMANCE OF THE SERVER ON WHICH THE WEBSITE OPERATES SHALL BE CONSIDERED AN ATTEMPT TO DEFRAUD THE WEBSITE AND SHALL RESULT IN THE INITIATION OF THE APPROPRIATE LEGAL PROCEEDINGS AGAINST THE PERSON OR PERSONS WHO ATTEMPTED TO DO SO.
7. CONFIDENTIALITY AND SECURITY
7.1. Magnolia is a registered Personal Data Controller. Registration number with the National Supervisory Authority for Personal Data Processing: 32414.
7.2. By visiting and using the Platform, you provide us with information that may be attributable to you to a certain extent.
7.3. You agree and acknowledge that your data is used in accordance with the Data Protection section available on the Website.
7.4. If you provide information about other persons (for example, their home address), you hereby expressly confirm that you have the consent of such persons to provide us with the data necessary for the delivery of Magnolia Products and/or Services.
7.5. In any event, Magnolia undertakes to respect your rights granted under the specific data protection legislation, including but not limited to the provisions of the GDPR and, upon your request sent to dataprotection@magnolia.ro, undertakes to rectify, update, block, delete or anonymize, free of charge, data whose processing is non-compliant and/or to cease/limit the processing of your personal data.
8. PRODUCTS
8.1. Magnolia.ro uses suggestive descriptions for the Products and/or Services sold on the Website. However, please note that the photographs available on this Website are for informational purposes only.
8.2. In certain specific situations, the shades of flowers in the bouquets and floral arrangements delivered may differ from those displayed on the Website, depending on availability.
8.3. Furthermore, the size, shape and color of the baskets and containers of the delivered arrangements may differ slightly from the size, shape and color of the baskets and containers of the arrangements available on the Website.
8.4. To the extent that the Products available on the Website are not suitable for you, you may request that we create and deliver a customized bouquet or a bouquet in a different color, if such option is not displayed on the Website.
8.5. If certain Products (e.g. flowers, packaging, decorative elements, bouquet supports, etc.) are out of stock, we will notify you of any potential changes.
8.6. If we are unable to supply all or part of your order, we will notify you as soon as possible and inform you of the possibility of obtaining a partial or full refund of the order, as applicable.
8.7. If you have problems related to an order which cannot be resolved by using the electronic contact address or with the assistance of our Customer Service Representative, for free conciliation please call 0040213134530 or contact us at the following email address: office@magnolia.ro.
9. SERVICES
9.1. Magnolia flower shops offer you a wide range of services. Below, we present both the services that have established our reputation and those that we have recently developed with the same professionalism and dedication:
a) Home delivery of flowers anywhere in Romania within a maximum of 4 hours and anywhere in the world within a maximum of 24 hours (except on 01 January, 14 February, 15 March, 07 March, 08 March, 09 March, 24 December, 25 December and Easter Sunday);
b) Custom-made floral arrangements for any occasion;
c) Custom-made bridal bouquets and wedding flowers;
d) Garden and green-space design and landscaping;
e) Interior landscaping with ornamental plants;
f) Wholesale distribution and sale of flowers.
10. PRICES
10.1. All prices for Products and/or Services displayed by magnolia.ro are expressed in Romanian Lei (RON) and include VAT.
10.2. Delivery charges are added to the displayed prices and may vary depending on the city and/or country where delivery is made.
10.3. The final price paid by the Customer consists of the Product price and the applicable shipping and/or collection charges.
10.4. There are no so-called hidden fees on www.magnolia.ro.
10.5. The final purchase price is the price confirmed on the Order Checkout page; this price will appear in the order confirmation and/or on the invoice.
10.6. If there is a discrepancy between the initially displayed price and the price shown in the "Checkout" section, the Customer shall pay the price indicated in the "Checkout" section.
10.7. The minimum value of an Order is RON 69.90 (approximately EUR 15), based on the contractual conditions concluded with our partners and the minimum costs necessary for processing magnolia.ro orders.
10.8. The Seller reserves the right to change the prices displayed on magnolia.ro at any time, without prior notice. This is because the purchase price of flowers and/or supporting services may vary (for example, during peak periods, public holidays and specific days in other countries, when the purchase price of Products and/or Services increases).
10.9. If the Customer cannot be contacted or withdraws from purchasing the Product, magnolia.ro is entitled to cancel the relevant order and fully refund any amount paid in advance, where applicable.
11. ORDERS
11.1. When placing an Order, the Magnolia Customer must specify the price, payment method and details necessary for delivery.
11.2. The Contract between Magnolia and the Customer shall be deemed concluded when the Seller validates the Order by sending the email confirming completion of the order. Order validation takes place after the Seller's account has been credited with the payment made by the Buyer.
11.3. By completing the Order, the Customer warrants that: (i) they are at least 18 years old and (ii) the information they have provided is true, complete and accurate. Magnolia shall not be liable for any damage arising from or in connection with the provision of false, inaccurate or incomplete data or data used by the Customer without the recipient's permission.
12. PAYMENTS
12.1. Payment for Magnolia Products and/or Services may be made online by credit or debit card, via PayPal, by bank transfer (payment order) and by online postal money order.
12.2. If payment is made online by debit or credit card, you will need to complete a form with the relevant card details.
12.3. Magnolia accepts the following credit/debit cards: Visa, Visa Electron, Mastercard/Eurocard, Maestro, including virtual Visa or MasterCard cards. When using a credit/debit bank card as the payment method, your order will be processed immediately.
12.4. If the card transaction is successful, the following screen will provide you with the relevant information regarding your Order.
13. DELIVERY
13.1. General
13.1.1. Before placing an order, please check the available delivery time slots and the displayed prices.
13.1.2. Orders placed on magnolia.ro are delivered using the Seller's own couriers.
13.1.3. To avoid problems or any delays in delivery, please make sure that you have provided all relevant address details and telephone number.
13.1.4. If you select the "I want anonymous delivery" option, we are obliged to maintain full confidentiality regarding the delivery, in compliance with the contractual provisions between Us and the applicable legal provisions.
13.2. Destinations and Delivery Times
13.2.1. The Seller delivers your orders to cities in Romania within a maximum of 4 hours from confirmation of payment for bouquets available in the relevant locality and internationally within a maximum of 24 hours from confirmation of payment (except on 01 January, 14 February, 15 March, 07 March, 08 March, 09 March, 24 December, 25 December and Easter Sunday).
13.2.2. The cut-off time for placing same-day delivery orders is 19:00 (Monday to Saturday) and 18:00 (Sunday) for deliveries in Bucharest, Cluj-Napoca, Târgu-Mureș, Brașov, Bistrița, Sibiu, Craiova, Constanța, Timișoara, Galați and Oradea (except on 01 January, 14 February, 15 March, 07 March, 08 March, 09 March, 24 December, 25 December and Easter Sunday).
13.2.3. The cut-off time for placing same-day delivery orders in the other cities of Romania is 18:00, Monday to Sunday (except on 01 January, 14 February, 15 March, 07 March, 08 March, 09 March, 24 December, 25 December and Easter Sunday).
13.2.4. For international deliveries, the Seller guarantees only the delivery date, not the delivery time slot. International deliveries are not made on Sundays.
13.3. Limitations
13.3.1. Please note that the carrier will deliver the goods to the address provided by you in good faith.
13.3.2. Magnolia assumes no responsibility if the recipient of the bouquet or floral arrangement is not present at the address, refuses to accept the order or refuses to confirm delivery.
13.3.3. If the recipient of the bouquet/arrangement is not present at the address and the carrier cannot ask another person to accept the delivery on behalf of the recipient (such as, for example, a neighbor), the sender will be notified and delivery will be attempted again at a later time.
13.4. Impossibility of Delivery
13.4.1. In exceptional cases, it may not be possible to deliver on the date and at the time selected by you. In such circumstances, we will contact you without delay to make alternative delivery arrangements or, if you prefer, to allow you to cancel your order.
13.4.2. We shall not be held liable for failure to perform our obligations where the impossibility of delivery results from unforeseeable and unavoidable events (such as fires, floods, earthquakes, storms or other natural disasters, war, invasion, strikes, blockage or interruption/insufficiency of electricity or telephone services, etc.).
13.4.3. The Customer will be informed without undue delay if, for reasons beyond the Seller's control, delivery is not possible in the locality indicated in the Order. In such case, the order shall be deemed cancelled and the amount paid by the Customer shall be refunded in full.
13.4.4. The Customer will be informed without undue delay if delivery of the Product and/or Service cannot be made due exclusively to the Seller. In such case, the amount paid by the Customer shall be refunded within no more than 14 days from the date of the above-mentioned notification.
14. WITHDRAWALS (RETURNS) AND CANCELLATIONS
14.1. Withdrawal (Return of Products)
14.1.1. Pursuant to the provisions of Government Emergency Ordinance no. 34/2014, you have the right to withdraw from the Contract concluded between the Parties within no more than 14 days from the date of delivery of the Products and/or Services.
14.1.2. The right of withdrawal (return) does not apply to:
- perishable products (e.g. fresh flowers) that are liable to deteriorate rapidly;
- products customized according to the customer's specifications.
14.1.3. To exercise your right of withdrawal (in the case of non-perishable and non-customized Products), you must send us a clear statement (by email or telephone) indicating your name and the details of the order for which you are requesting a return. No justification for your decision is required.
14.1.4. The withdrawal notification must be sent within no more than 14 calendar days from the delivery of the products. Please use the email address or telephone number of our customer support service displayed on the Website.
14.1.5. After communicating your decision to withdraw, you are required to return the products within a maximum of 14 calendar days. The return may be made to one of the Magnolia flower shops or by courier. The return shipping cost shall be borne by the customer, except where the product is non-conforming.
14.1.6. Magnolia will refund the full value of the order without undue delay, but no later than 14 calendar days from receipt of the withdrawal notification.
14.1.7. The refund will be made using the same payment method used by you for the initial transaction.
14.2. Modification or Cancellation of an Order
14.2.1. If, for any reason, you wish to modify or cancel your order, please contact us using the information provided in the Contact section of the Website.
14.2.2. If the cancellation request is submitted before the date and time slot specified for delivery, Magnolia will refund the full value of the order.
14.2.3. If delivery cannot be made on the date and/or within the time slot specified in the order, you have the following options:
- cancellation of the order and a full refund of the amount paid;
- rescheduling the delivery for another date or time slot, at no additional cost to you.
14.2.4. If the products suffer major damage during transport, you may request:
- cancellation of the order and a refund of the amount paid;
- redelivery of the ordered products in optimal condition.
14.2.5. If the cancellation request results from a situation not attributable to the Seller (recipient absent, incorrect address, etc.) or is submitted after the date and time slot specified for delivery, Magnolia will refund the value of the order, excluding delivery costs.
14.2.6. Return shipping costs for non-perishable products shall be borne by the customer, except where the product is non-conforming or has been delivered incorrectly.
15. WARRANTIES
15.1. General
15.1.1. Products sold by Magnolia are covered by warranties in accordance with applicable legislation (Government Ordinance no. 21/1992 on consumer protection, Law no. 449/2003 on the sale of products and associated warranties, republished, and Government Ordinance no. 174/2008).
15.1.2. Detailed information regarding the characteristics of each product is available on www.magnolia.ro.
15.1.3. The specific warranty terms and conditions, as well as general use and maintenance instructions, may be provided upon delivery of the products or, upon request, by email.
15.1.4. Magnolia will validate a warranty claim only if the returned product is intact, in the condition in which it was delivered, and is accompanied by documents proving the purchase (fiscal receipt, invoice or order confirmation).
15.1.5. The product may be returned either to one of the Magnolia physical flower shops or by courier to the addresses indicated in the Contact section.
15.1.6. The warranty does not apply to products showing signs of mechanical damage (impacts, cracks, scratches) caused by improper use or handling after delivery.
15.2. Non-Perishable Products
15.2.1. Products that are not liable to deteriorate rapidly are covered by the legal conformity warranty, in accordance with Law no. 449/2003.
15.2.2. If a non-perishable product presents non-conformities or defects, the customer has the right to have the product replaced or to receive a refund of its value, provided that written notice is given to Magnolia.
15.2.3. Notification of the non-conformity must be sent within the statutory period and concerns situations occurring within no more than 2 years from the date of delivery.
15.2.4. Warranty claims regarding non-perishable products shall be resolved within no more than 15 calendar days from receipt of the written request.
15.3. Perishable Products (Fresh Flowers)
15.3.1. For perishable products, Magnolia provides a 7-day freshness guarantee for flowers, provided that the care instructions indicated on the product label are followed.
15.3.2. Complaints concerning perishable products will be reviewed and resolved immediately, without undue delay.
15.3.3. In addition to the freshness guarantee, Magnolia offers an extended commercial guarantee – the 300% Guarantee, applicable to perishable products. If the delivered flowers do not meet your expectations, you may benefit from:
- a 100% refund of the amount paid;
- delivery of a new bouquet at no additional cost;
- keeping the original bouquet, without the obligation to return it.
15.3.4. To benefit from this guarantee, you must contact us by telephone, via the chat on the Website or by email within a maximum of 7 calendar days from delivery. The complaint must include the reasons why the delivered flowers are considered non-conforming or unsatisfactory.
16. DISPUTE RESOLUTION
16.1. In all cases, the Seller and the Buyer shall attempt to amicably resolve any disagreement, dispute or litigation arising from or in connection with the Contract and/or these Terms and Conditions, including with regard to their validity, interpretation, performance or termination.
16.2. In order to resolve any dissatisfaction regarding Magnolia Products and/or Services that has not been resolved with the assistance of our Customer Service representatives, please contact us at the following email address: office@magnolia.ro.
17. PARTNERS
17.1. The Seller may assign and/or subcontract a third party for services related to order fulfillment without informing the Buyer, and the Buyer's consent shall not be required.
17.2. Nevertheless, the Seller shall always remain responsible towards the Customer for all obligations assumed under the Contract and these Terms and Conditions.
18. FORCE MAJEURE
18.1. Neither Party shall be liable for non-performance or improper performance of its obligations if such non-performance or improper performance is the result of Force Majeure or an Act of God/fortuitous event.
18.2. Force Majeure means any external, unforeseeable, absolutely irresistible and unavoidable event.
18.3. A fortuitous event means any event that cannot be foreseen or prevented by the person who would otherwise have been liable had the event not occurred.
18.4. If, under the law, a contracting Party is exempt from liability due to the occurrence of a fortuitous event, it shall also be exempt from liability in the event of Force Majeure.
19. SOCIAL NETWORKS / SOCIAL MEDIA
19.1. We appreciate your Feedback regarding our Products and/or Services, regardless of whether you use the Platform and/or our social media pages.
19.2. Please note that the provisions of this Document also apply when you use any of our social media websites or pages.
19.3. If you contact us regarding a complaint, an authorized member of our online team will endeavor to respond to you and resolve your complaint in a timely manner, in accordance with Magnolia's customer service policy.
19.4. By posting a Comment or Feedback on any of our social media pages, you agree to be solely responsible for the content of all information you display, upload or otherwise transmit.
19.5. The Representations and Warranties section applies to any communication or interaction with Magnolia, including those conducted through social networks.
19.6. You warrant that everything you post, display or upload on our social media pages is truthful, genuine, accurate and provided in good faith.
19.7. You agree not to post: false, inappropriate or misleading Comments; files containing confidential information; Comments including personal attacks, abusive, inappropriate or threatening language; incitement to violence; unauthorized commercial communications; viruses or other malicious code; or any other materials or information that infringe upon the rights of other persons or Magnolia's rights and/or legitimate interests.
19.8. By posting on our social media pages, you agree to respect other members of the community, Customers and the Magnolia team.
19.9. We reserve the right to moderate the content displayed by you on our social media pages. At our discretion, any posts that do not comply with the paragraphs above may be deleted. In all cases, Magnolia reserves the right to remove or report any post that may be considered inappropriate, unlawful or offensive.
19.10. Repeated violations of this Section may result in the social media user being banned, blocked or reported and, where applicable, reported to the competent authorities.
19.11. When using our social media pages, please do not publish personal or sensitive information about yourself or other persons, or any other information that could infringe upon another person's right to privacy.
20. FRAUD
20.1. Any fraudulent behavior that may affect the activity of magnolia.ro is strictly prohibited, and magnolia.ro reserves the right to suspend/terminate the account of any User engaging in such conduct. Any fraud/attempted fraud shall be reported and punished in accordance with applicable legislation.
21. LIMITATIONS
21.1. Magnolia cannot be held responsible for improper use of the Platform or our social media pages by Visitors or Users. Any use of the Platform/our social media pages in disregard of these Terms and Conditions or applicable legislation shall be considered improper use.
21.2. You agree and expressly and unequivocally consent to the fact that Magnolia and/or our employees, representatives, directors, collaborators, suppliers, partners or agents are released from liability in connection with any claim, dispute, request, litigation or damage arising from or in connection with your breach of these Terms and Conditions or in connection with any obligations arising from your use of the Platform/Service/Digital Content/Social Media Pages, as well as from their use by any other person accessing them using your account and/or personal information.
21.3. The Company provides no express or implied warranty regarding magnolia.ro or the content of our social media pages and assumes no responsibility if the Website or social media pages cannot be accessed by users for a limited or unlimited period of time, for any technical or commercial reasons, nor for any errors (for example, resulting from changes, settings, upgrades, etc. carried out by the company responsible for hosting the Platform). Furthermore, Magnolia is not responsible for the compatibility between your electronic device/terminal and the Platform.
21.4. While we make reasonable efforts to verify the accuracy of any information displayed on the Website/our social media pages, we provide no express or implied warranty regarding their accuracy. We do not guarantee that the Website will meet your requirements.
21.5. The Company reserves the right to change, supplement, modify or remove, in whole or in part, the Digital Content or to suspend or terminate the magnolia.ro Website or the dedicated pages displayed on social networks, without prior notice to Visitors/Users.
22. FINAL PROVISIONS
22.1. Accessing and/or using the Platform or our Pages available on social networks constitutes the Visitor's acceptance, without objection, of the Magnolia Terms and Conditions, their value being equivalent to that of a validly concluded contract.
22.2. We reserve the right to supplement and/or amend the provisions of this Document from time to time. Any such amendments will be published on the Website, and it is your responsibility to review the Terms and Conditions each time you access the Platform.
22.3. The aforementioned amendments shall become effective within 24 (twenty-four) hours from the date they are posted on the Website, from which time all subsequent transactions between you and Us shall be governed by the updated version of the Terms and Conditions.
22.4. In all cases, the Parties agree that the purchase of Magnolia Products and/or Services takes place in Romania.
22.5. These Terms and Conditions shall govern the relationship between the Parties and shall be interpreted in accordance with Romanian law, with the Parties agreeing to submit to the jurisdiction of the competent courts of Romania.
22.6. If any provision of this Document is deemed to be inconsistent with applicable legal provisions, invalid or unenforceable, in whole or in part, under applicable law, such provision or part thereof shall, to that extent, be deemed not to form part of this Document. However, the legality, validity and enforceability of the remaining provisions of this Document shall not be affected.