FloreMoria
 The Flowers of Memory 

General Contract Conditions and Terms of Use for purchases on the website and/or www.floremoria.com, the FloreMoria application and special conditions of the Major Subscription.

 

1) Premises

1.1 These general contract conditions and terms of use (hereinafter "GTC" or "Conditions") regulate the sales service of gifts and floral compositions, plants and complementary and gift items (hereinafter "Product/s") via the website www.floremoria.com (“Website”) and/or the FloreMoria Application (“Application”), both in Italy and abroad.

1.2 The owner of the Website and Application is FloreMoria s.r.l. (hereinafter “FloreMoria”), with registered office in via Bellinzona, 82/b, 22100, Como.

1.3 By sending the purchase order and/or registering on the Website and/or Application, the user (“User/s” or “Customer/s”) declares to act exclusively for private purposes and not commercial and that I have read and fully accepted these Conditions, the terms of use of the Website, the Application and the Privacy Policy.

1.4 To the User, a natural person who requests the purchase of the Products for purposes unrelated to his/her business or professional activity and is a "Consumer" ("Consumer") according to the Legislative Decree. No. 206 of 6.9.2005 and subsequent amendments ("Consumer Code"), the provisions contained in the Consumer Code will be applicable, in addition to those generally applicable to the type of service in question by virtue of the Legislative Decree. No. 70 of 9.4.2003 on information society services and electronic commerce.

1.5 In the event of purchase by the User of the Major subscription service ("Subscription" or "Major"), these Conditions are considered integrated by the subscription conditions provided for in point 14 of the GTC.

1.6 The Conditions apply exclusively to Products marketed by FloreMoria via the Website and/or the Application. FloreMoria, therefore, will not be responsible for the provision of services or for the sale of Products by third parties and subjects that may be present on the Website and/or the Application via links, banners or other hyperlinks, nor does it carry out any monitoring on the websites accessible through such links. Therefore, before carrying out transactions with the aforementioned third parties, it is recommended to check and read their conditions of sale and terms of use.

1.7 These Conditions may be modified at any time. In this case, the user will be notified through specific communications through the Website and/or the Application or via email indicating the effective date of the changes themselves. In the event of changes to the Conditions, the Conditions published on the Website and/or Application at the time the Order is sent by the User will apply to the purchase made.

1.8 It will be possible to check any previous versions of the Conditions in the appropriate section of the Website and/or the Application, which will be saveable and printable.

1.9 If any provision of these Conditions is deemed invalid or for any reason not applicable, this condition will not affect the full validity and effectiveness of the other provisions.

1.10 For anything not expressly derogated from these GTC, please refer to the legal provisions in force on the matter.

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2) Online catalogue, website and application

2.1 The User who accesses the Website and/or the Application can consult the Products offered for sale, the related characteristics and detailed information of the Bouquets of flowers and accessories in the online catalog ("Catalogue"). Each Product present on the Website and/or the Application is accompanied by an illustrative Product Sheet with which the information, characteristics and analytical description of the Product are provided to the User ("Product Sheets").

2.2 The Products on the Website and/or the Application may vary depending on the place of delivery and the period.

2.3 All FloreMoria Products displayed in the Catalog are made by selected florists affiliated with FloreMoria, who use high quality flowers and plants (“Florists” or “FloreMoria Florists”). Under no circumstances can FloreMoria be held responsible for the information conveyed on the Website and/or the Application by FloreMoria Florists.

2.4 The images and descriptions on the Website and/or the Application reproduce the Products and Accessories as faithfully as possible. However, in some cases the Product delivered may differ slightly in shapes and colors from the graphic representation on the Website and/or Application. The photos and illustrations in the Catalog have a mere illustrative function of the Products. Therefore, FloreMoria cannot be held responsible in the event that the Product ordered presents minimal variations, in shape and/or colour, compared to the graphic illustration indicated in the Catalogue. In fact, each FloreMoria florist has their own experience, sensitivity and creates bouquets based on a specific assortment of available products.

2.5 In consideration of the territory covered by the Florists, the User will be able to purchase exclusive Products offered by affiliated florists and/or local products.

2.6 For certain Products the User has the possibility to choose between different sizes and characteristics of the Bouquet of Flowers (customized bouquet version), at the price indicated in the relevant Product Sheet on the Website and/or the Application is indicative;

2.7 In consideration of the Product selected, the User can combine the Bouquet of Flowers with one or more accessories among those proposed in the Product Sheet, at the price indicated on the Website and/or the Application.

2.8 the User has the possibility to purchase exclusively the accessories offered in the Website Catalog and/or the Application.

2.9 FloreMoria updates the Website and/or Application daily with information regarding the availability or otherwise of the Products in the Catalogue, in coordination with its network of suppliers and Florists. If a Product is no longer available during the Order confirmation or subsequently, FloreMoria will promptly inform the User via email by updating and/or modifying the Order and/or accepting an extension of delivery times. In this case, the Consumer User, alternatively, may immediately terminate the contract by giving written notice to FloreMoria.

2.10 Each Customer will be able to receive free of charge, through the email address communicated at the time of the Order and/or at the time of registration on the Website and/or the Application, informative communications on FloreMoria products and on any promotions or special offers and/or or temporary regarding some Products. The User may freely decide to no longer receive the aforementioned communications and cancel the service at any time via a link present in the emails received and/or via the Website and/or the Application.

 

3) Confirmation and conclusion of the Order

3.1 For each Order the User will receive within a few minutes a confirmation via e-mail containing the Order number as well as detailed information regarding the Product purchased, the price, the expected delivery date and the recipient's burial place communicated by the User.

3.2 The Order is executed pursuant to a mandate contract without representation for the purchase of the Product and any related accessories, with exemption for the representative from the reporting obligation.

3.3 In compliance with the provisions of the Legislative Decree. 9 April 2003 n.70, regarding electronic commerce, FloreMoria informs the User that:

3.4 To conclude the purchase contract, the User - following the instructions from time to time present on the Website and/or the Application - will select the Products and/or Accessories he wishes to include in the digital cart and, once the correctness of the Order and the amount of delivery costs, will make the payment according to the terms set out in these Conditions and send the Order to FloreMoria;

3.5 The Purchase Contract is therefore considered concluded when the User receives the Order confirmation communication via email ("Order Confirmation"). The Order Confirmation contains a summary of the conditions applicable to the contract, information relating to the analytical characteristics of the Product ordered, a detailed indication of the price, the means of payment used, delivery costs and any additional costs, as well as information on the right of withdrawal. With the receipt of the Order Confirmation, the contract will therefore be considered perfected. Consequently, there is no commitment between the User and FloreMoria until FloreMoria has provided the User with the aforementioned confirmation of correct receipt of the Order.

3.6 If the User does not receive an Order confirmation within a few hours, he is asked to promptly contact FloreMoria customer service in the manner provided for in point 10 of the GTC.

3.7 All provisions of these General Conditions of Sale, of the Terms of Use of the Website and/or the Application, as well as any other information and policies present on the Website and/or the Application, apply to the Orders placed by the unregistered User. 'Application.

3.8 The User registered on the Website and/or the Application guarantees that the personal data provided during the registration procedure on the Website and/or the Application are complete and truthful and undertakes to hold FloreMoria harmless and indemnified against any claim, damage, compensation obligation and/or sanction deriving from or even indirectly connected to the violation by the User of the rules on registration on the Website and/or Application and on the correct storage of strictly personal access credentials.

3.9 The Customer will be able to select the Product that meets his needs compatibly with the desired delivery date and location.
In order to complete the purchase of one or more Products on the Website and/or Application, the User must complete the Order by following the instructions that will be provided from time to time on the Website and/or Application.

3.10 The Seller reserves the right to refuse Orders from a User with whom a dispute and/or dispute relating to a previous Order is underway or has previously occurred.

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4) Prices and payment methods

4.1 The Customer is required to pay the price indicated in the Product Sheet when sending the Order.

4.2 The prices indicated in the online catalog of the Website and/or the Application and/or in the Product Sheet are expressed in euros and include VAT and also include the fees for the execution of the mandate (fixed fee for the management of the 'Order and variable compensation as a percentage of the purchase price from the "Executing Florist"), as well as commissions for any payments made by credit and/or debit card.

4.3 FloreMoria shipping and service costs may be added to the price of each Product. In the event that the Customer returns the Products in accordance with the procedure established by these Conditions and the applicable legislation, the delivery costs will be refunded.

4.4 The selling prices of Bouquets of Flowers may vary in consideration of seasonal price fluctuations. For FloreMoria Bouquets of Flowers, the prices of the FloreMoria florist who supplies them are binding.

4.5 In the event that a Product is offered on the Website and/or the Application at a discounted price, the Product Sheet will indicate the previous price applied compared to which the discount is calculated, the discount percentage applied and the final discounted price obtained.

4.6 If the recipient's burial place does not exist, or cannot be traced back to the legitimate one indicated by the User/Customer, the competent Florist will still have the right to obtain payment of the expected price for the attempted delivery.

4.7 In compliance with the provisions of the art. 1719 of the Civil Code, the Customer must make payment through one of the following ways:

Online credit card: simply enter your card details (card type, number, expiry date and, if necessary, the control code). The transaction will be managed entirely by Nexi guaranteeing the highest levels of security. The credit card data is not stored on our servers: the debit is made online via an encrypted connection with the credit card company.
Paypal: PayPal is the quick and reliable way to buy online in just a few clicks without sharing your financial data with FloreMoria.
The transaction takes place between the buyer and Paypal and the credit card data is processed exclusively by PayPal for the checks necessary to authorize the online payment. FloreMoria will therefore only manage the buyer's data (including name, surname, address) necessary for sending the invoice relating to the purchase made and managing the delivery of the floral gift to the domicile of the recipient indicated in the Order.

4.8 Upon completion of the execution of the Contract, the User may be required to accept separate terms and conditions applied by third party sites, in addition to these Conditions; Furthermore, the User will receive an email from FloreMoria, which may be sent by third-party platforms, to evaluate the level of satisfaction with the service provided.

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5) Delivery terms and methods

5.1 All delivery times reported on the Website and/or Application are based on estimates regarding availability, florists' opening days, Order processing and delivery times declared by FloreMoria Florists in consideration of the location delivery burial. Some products, in fact, require longer delivery times.

5.2 The item relating to delivery, shown next to the selected Product, is the same for any location in the national territory.

5.3 National Orders:

Delivery is made directly by the florists during the opening hours indicated by the FloreMoria florists themselves and within 48 hours of the Order, except for holidays or local weekly closures of the cemeteries. Gifts traveling by express courier may be subject to delays beyond the control of FloreMoria.

5.4 Delivery time:

The delivery of the Order at a specific time can only be carried out if previously agreed with FloreMoria, at least 48 hours in advance of the expected delivery date, by contacting FloreMoria customer service directly.

FloreMoria guarantees the delivery of the Order at a pre-established time agreed upon with the User on the occasion of Orders relating to funerals.
FloreMoria is available to Users for any particular need and/or for any need to receive specific information regarding the order, through our customer service.

 

6) Correctness of the data provided by the User

6.1 The User, before sending the Order, must verify that the data required to finalize the purchase and the address and telephone number indicated are correct, updated and truthful.

6.2 The User must accurately provide their personal data, paying the utmost attention to the exact insertion of the information necessary to complete the successful completion of the Order and the subsequent Delivery of the Product. The insertion of the requested data is also necessary for sending the invoice and for the correct execution of the Order.

6.3 The User undertakes not to use the service offered by FloreMoria in an illicit or unauthorized manner and guarantees that the information and data provided are legitimately available and do not violate any rights of third parties.

6.4 FloreMoria assumes no responsibility for delays or failed deliveries due to incorrect or incomplete information by the User and/or for events of force majeure and/or outside the sphere of control of FloreMoria. To allow the FloreMoria Florist or the courier in charge to carry out the Order on time and without inconvenience, the User must provide FloreMoria with precise and truthful data regarding the deceased to be honored:

Name, Surname, Date of Birth, Date of Death, Municipality of Burial, Cemetery and/or other indications to reach the precise destination.

6.5 In case of non-delivery due to the absence of the burial place specified in the order, the florist will contact the User/Customer and a return procedure will be opened.

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7) FloreMoria Guarantee

7.1 FloreMoria guarantees, thanks to a network of carefully selected florists, that all Orders will be carried out with competence and diligence and that the Products and Accessories purchased will be delivered ensuring the freshness and qualities indicated and within the times established at the time of sending the order. Order.

7.2 Our guarantee (“FloreMoria Guarantee”) includes:

the delivery of the Products ordered by the Florist within the established times (referred to in point 5), without prejudice to the provisions of point 7.4 of the GTC;

the quality and absolute freshness of the Bouquets of Flowers;
the price of the Order clearly indicated on the Website and/or Application.

7.3 For any type of complaint, the User can contact us directly via the Website and/or the Application no later than three (3) days from the date of delivery or non-delivery, attaching one or more photos of the Product to the email received/not received.

7.4 FloreMoria cannot be held responsible for malfunctions of the Website and/or the Application, breaches, disservices due to force majeure or supervening impossibility not attributable to it including, by way of example but not limited to, sabotage, fires, floods, earthquakes, strikes and/or the faulty functioning of the services connected to the purchase of the Products resulting from the incorrect functioning of telephone lines, electricity lines and global and/or national networks, such as, by way of example and non-exhaustive, failures, overloads, interruptions, malfunctions of the browser and the electronic network.

 

8) Cancellation of the Order

8.1 The User has the right to cancel the Order already submitted up to two (2) working hours after the moment of finalization of the Order, following the instructions available on the Website and/or the Application and indicating the relevant number to FloreMoria of Order indicated in the Order Confirmation email and/or on the dedicated page of the Website and/or Application in the case of a Registered User.

8.2 If the request for cancellation of the Order reaches FloreMoria after the deadline set by the art. 8.1 above, FloreMoria reserves the right not to accept the cancellation request and not guarantee the reimbursement of the value of the Order sent.

8.3 Cancellation requests must be sent to FloreMoria within the terms set out in this point, directly via the Website and/or Application, email, telephone or certified e-mail.

8.4 FloreMoria reserves the right to refuse or cancel Orders placed by a User who has violated the Conditions or by a User who has provided incomplete or false identification data.

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9) Right of Withdrawal, exceptions and conditions for returning goods

9.1 Pursuant to and for the purposes of art. 52 et seq. of Legislative Decree 6 September 2005 n.206 ("Consumer Code"), the User acting in the capacity of Consumer can exercise the right of withdrawal within 14 days, or, in the cases referred to in art. 52 paragraph 1-bis, after 30 days (“Withdrawal”):

from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the goods;
from the day on which the florist places the Bouquet of Flowers on the designated burial place.

9.2 FloreMoria reminds you that the right of withdrawal does not apply, inter alia, in the cases provided for by the art. 59 of the Consumer Code, in particular, in the cases of:

purchase of sealed goods which are not suitable for return for reasons of hygiene or health protection and which have been opened after delivery or in the case of supply of products which, after delivery, are inseparably mixed with other goods;
purchase of goods made to measure or clearly personalized;

purchase of goods that risk deteriorating or expiring rapidly (category of goods which includes flowers and plants).

9.3 To exercise the right of withdrawal, in the cases provided for, the User must send, within the deadline indicated in the previous point, a refund request by registered letter with return receipt.

9.4 In cases of Withdrawal FloreMoria will reimburse all payments received from the Consumer, excluding delivery costs, within fourteen days (14) from the day on which it is informed of the Consumer's decision to withdraw from the contract pursuant to art. 54 of the Consumer Code.

9.5 FloreMoria will have the right to withhold the refund amount until it has received the Product from the User or until it has provided proof that it has returned it, taking into account whichever occurs first.

9.6 FloreMoria reminds you that the User will be required to return the products to us by following the instructions available in these Conditions and in the dedicated section of the Website and/or Application within 14 days from the day on which you communicated the Withdrawal. The User will be required to bear the direct costs for returning the returned products.

9.7 The User may be held responsible for the decrease in the value of the goods resulting from manipulation of the goods (other than that necessary to establish the nature, characteristics and correct functioning).

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10) Our contacts – Customer Service

10.1 For any questions and/or information on the Products and/or to report any type of problem relating to the Order placed, you can contact Customer Service at the numbers and email addresses indicated in the "Contacts" area of the Website and/or or the Application.

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11) Partial disability

11.1 If any provision of these Conditions is deemed invalid, void or for any reason not applicable, this condition will not in any case affect the validity and effectiveness of the other provisions.

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12) Processing of personal data

12.1 As better specified in the Privacy Policy to which express reference is made, FloreMoria, as data controller, guarantees that the personal data provided by the User by completing the registration form and the purchase form for the Catalog products, also for services rendered in the context of the FloreMoria subscription will be processed in compliance with the applicable legislation on the protection of personal data and, in particular, with EU Regulation 2016/679 (“GDPR”), Legislative Decree. 196/2003 (“Privacy Code”), as reformed by Legislative Decree. 101/2018, of the provisions of the Authority for the Protection of Personal Data ("Privacy Guarantor") and of the further provisions issued by the competent sector authorities.
12.2 The User's personal data will be processed in the manner and for the purposes indicated in the Privacy Policy and, where necessary, on the basis of the consent expressed pursuant to art. 6, paragraph 1, letter a) of the GDPR.

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13) Applicable law and competent court

13.1 The sale of Products via the Website and/or the Application is governed not only by these Conditions, but also by the Special Subscription Conditions when applicable, by Italian law and, in particular, with reference to the User who may qualify as a Consumer, by the rules of Chapter I of Title III of part III of the Consumer Code, as well as by Legislative Decree 70 of 04.09.2003 regarding electronic commerce.

13.2 Any dispute that may arise between the User and FloreMoria regarding the validity, interpretation or execution of these Conditions will be subject to Italian jurisdiction. Except as provided by the art. 66-bis of the Consumer Code and in any case if the User cannot qualify as a Consumer, the Court of Como will be exclusively competent for the resolution of disputes arising between the Parties.

13.3 For the out-of-court resolution of disputes arising in relation to contracts with consumers governed by the provisions of Sections I to IV of Chapter I of Title III of part III of the Consumer Code and inherent to these GTC and the Special Conditions of Subscription to Major , the User may resort to the mediation procedures referred to in Legislative Decree no. 28/2010, or may use the ADR bodies through the ODR platform for online dispute resolution, established and managed by the European Commission, and accessible via the following link http://ec.europa.eu/consumers/odr/. For any information on how to use the ODR platform, the User can contact FloreMoria directly via the customer portal (click here).

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14) Special conditions of Major Subscription

The specific subscription conditions ("Subscription Conditions") are illustrated below, supplementing the general Contract Conditions in the case provided for in point 1.5 of the CGC, and effective only for Users who decide to subscribe to Major (" Major” or the “Subscription”).

By activating the Subscription, the User expressly declares to have read and accepted these general conditions and the privacy information available here.

The Major Subscription is provided only to natural persons acting for non-commercial purposes and cannot be combined with other promotional offers and/or additional discounts.

Signing up for the Major Subscription allows the subscribed User to take advantage of free shipping without limits and without further costs connected to the delivery of Orders and/or FloreMoria services, for the Products for which the Major service is available.

14.1) Activation of the Subscription

The Major Subscription can be activated online by accessing the Website and/or the Application via a device compatible with the Website and/or the Application.

The User can choose to activate the Subscription when finalizing an Order on the Website and/or Application, in particular in the payment phase of the Order being purchased, by selecting the purchase of the Major service. The benefits connected to Major will be available to the subscribed User after receiving the confirmation of purchase of the Subscription.

The Subscription can only be used for Orders placed online on the Website and/or the Application, following the successful completion of the registration process and creation by the User of a personal account ("Account"). To create the Account, the User is required to provide certain information (such as an email address or Username and an access password ("Authentication Credentials"), the payment method, respecting the instructions detailed on the Website and /or the Application.

The User, once the purchase of the Subscription has been finalized, will receive from FloreMoria a welcome email to the Major program with the main information regarding the services and advantages provided to you as a subscriber.

The Subscription is valid only for online purchases and does not allow the User to benefit from the advantages provided by Major for Orders placed directly on-shop, through the network of selected FloreMoria florists.

In the "My account" section you can consult the details of the subscription method to which you are subscribed, the date of termination of your Subscription and further information relating to Orders placed or in progress.

The Authentication Credentials must be used only by the Customer, they cannot be transferred to third parties and must, therefore, be carefully stored.

The User is solely responsible for the conservation, confidentiality and use of his username and password and, consequently, remains solely responsible for all proper and/or improper uses that may be made of them.

The User who purchases the Subscription declares to have read and accepted these Conditions and in particular the Major Conditions and that their data are correct and truthful.

14.2) Major's Prices and Payment Methods

The User can subscribe to the Subscription through the Website and/or the Application, with advance payment of the expected annual fee, equal to €15.00 (“Subscription Cost”), using a Payment Method among those indicated in point 4 of the GTC; This charge will be made upon confirmation of purchase.

The User undertakes to keep the data and payment methods updated via the dedicated section on the Website and/or the Application. If a payment is not successful due to the expiry of the credit card or other payment methods used, or due to insufficient funds or for other reasons, FloreMoria reserves the right to suspend or terminate the Subscription.

FloreMoria reserves the right to change the purchase price of the Subscription, promptly communicating any price changes to subscribed Users with 30 (thirty) days' notice. The price changes will in any case take effect from the Effective Period following that of the communication date. If you do not wish to accept the price change, you may cancel your Subscription by following the instructions indicated on the Website and/or Application.

14.3) Cancellation and duration of Major

Registration with Major is effective for 12 months ("Effective Period"), starting from the date of activation of the Subscription. At the end of each Effective Period, there is no tacit renewal of the Subscription.

The User may cancel the Subscription at any time, before the end of the current Effective Period. The cancellation must be communicated via email at least 15 days before the expiration of the Subscription and will take effect the day following the last day of the current Effective Period.

By communicating the cancellation, the User will not be entitled to a refund of the amount already paid for the current Subscription which he or she will be able to continue to use until the expiry date of the Effective Period.

The Major membership may be renewed by the User every year.

The User will receive an email communication from FloreMoria, before the expiry date of the current Subscription, through which he will be reminded of the imminent expiry date of the current Effective Period and the instructions to follow to renew the subscription again. Subscription to Major.

FloreMoria reserves the right to terminate membership with Major at any time and with immediate effect, in the event that the User violates these Conditions and/or the applicable rules, uses the Website in a fraudulent and/or illicit manner. Subscription, and/or in case of violation of third party rights.

14.4) Withdrawal

The User who subscribes to Major and who acts in the capacity of Consumer, pursuant to and for the purposes of art. 52 et seq. of Legislative Decree 6 September 2005 n.206 ("Consumer Code"), you can exercise the right of withdrawal within 14 days, or, in the cases referred to in art. 52 paragraph 1-bis, after 30 days from the day of purchase of the Subscription, in the manner detailed in point 9 of these Conditions.

14.5) Responsibility

The benefits granted by Major depend on the availability of the Product and the delivery address of the Order. Some Products may not be available and/or included in Major's service. The user can consult on the detail page of the respective Product whether it is possible to take advantage of the benefits of Major.

FloreMoria reserves the right to unilaterally suspend and/or terminate the provision of the services provided for Major in the event of violation by the User of these General Conditions and terms of use, in particular, of the provisions set out in this article.

You acknowledge that FloreMoria cannot be held responsible for any limitation, suspension and/or interruption of access to Major, with the exception of cases of willful misconduct or gross negligence.

FloreMoria reserves the right to accept or refuse any Subscription request, in accordance with applicable law.

FloreMoria cannot be held responsible in any way for any interruptions in the provision of the service due to causes not attributable to it and/or outside its sphere of technical control.

14.6) Prohibition of transfer and resale

The Major Subscription and the related benefits deriving from such registration cannot be transferred and/or assigned to third parties, except in the case in which the transfer and/or assignment is expressly permitted by these General Conditions.

Major subscribers may not purchase the Products for commercial, resale or rental purposes or send the Products to third parties using the benefits of the Subscription.

FloreMoria reserves the right to terminate the Subscription to Major services with immediate effect if it is deemed that:

Your use of the Subscription violates these Terms or any applicable law or regulation:
if the Customer uses the FloreMoria services in a fraudulent, illicit and/or improper manner. In these cases FloreMoria will not refund the price of the current Subscription.

The User will be informed of the termination of his Subscription to Major and of the related right to appeal the decision by contacting Customer Service in the manner provided for in point 5 of the GTC.