Legal

LEGAL NOTICE

Identity of the responsible entity

Flowers by Bornay, S. L. (Flowers by Bornay)

CIF: B65453102

C/ Melcior de Palau 32-36

08028 Barcelona

info@bornay.ws

 

Acceptance and changes on legal texts of Flowers by Bornay

These General Contract Conditions together with the Terms and Conditions and the Privacy Policy govern the use of the website www.bornay.ws.

The content of these General Contract Conditions may be changed to adapt them to legal changes or new services or features in Flowers by Bornay website. The date of the last update will be always available at the end of this document.

Any questions or enquiries about these General Contract Conditions, the Privacy Policy or the Terms and Conditions, should be addressed to us via email to info@bornay.ws.

 

PRIVACY POLICY

Data controller

According to the Organic Law 3/2018, of December 5, on Data Protection and Guarantee of Digital Rights, its development regulations, and the Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, with regard to the processing of personal data and on the free movement of such data, and the Law 34/2002, of 11 July, on information society services and e-commerce, we inform you that:

When you provide your personal data through the website (in example: subscribing to our newsletter or purchasing online), that data will be included in a file whose owner is Flowers by Bornay, S. L. (CIF B6543102), and this company is responsible for their processing.

Collection of data

We only collect your personal information through the emails you may send to us and the forms you may fill in our site (subscription to newsletter, data for shipment and billing), which will remark the fields that are mandatory to submit your request. If those mandatory fields are not filled, your request (purchase, register as subscriber…) will not be processed.

Uses and purposes of collected data

Your personal data will be processed exclusively for the following purposes, depending on the form used to collect them:

– Purchase form: your personal data will be used to manage your orders and process your purchases.

– Payment form: we use PayPal® for online payments and Redsys© to manage the payments, you can find their privacy policies in these links: PayPal Privacy Policy, Redsys Privacy Policy.

– Subscription to newsletter form: your personal data will be used to send you our Newsletter through email.

We will not disclose your personal data to outside parties unless we have your prior specific, informed, and unambiguous consent.

Controller of process

Flowers by Bornay may request that some activities are carried out by third parties in order to guarantee that the company operates properly and to provide its services; in example: we’ll hire courier services, web hosting and tax advice.

If these third parties, in order to provide the abovementioned services, need to access your personal data, they will be considered as processors and will comply with all requirements foreseen by current law. Flowers by Bornay will have the mandatory processor contract with each of them.

Security measures

We have implemented technical and organizational measures needed to ensure security and integrity of your personal data, as well as to prevent their loss, alteration, or unauthorized access.

Nevertheless, each time you provide your personal data online there is a risk that outside parties, beyond our control, may intercept and use that information. Although in Flowers by Bornay we make a great effort to protect your personal information and privacy, we cannot guarantee the security of the information you provide through internet and under your responsibility.

Exercise of rights

You may exercise your rights of access to and rectification or erasure of personal data, or restriction of processing, or the right to object to processing or the right to data portability by emailing a request, along with a copy of your DNI, NIE or Passport, to info@bornay.ws.

In exercising your right to data portability, you will have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

If you no longer want to receive our newsletter, you may unsubscribe clicking on the “click to unsubscribe” link you will find at the bottom of all our emails, or sending an email to info@bornay.ws.

Legitimation of process

The data processing carried out by Flowers and Bornay is legitimated with the consent you have given when you have provided your data and will be governed by the principles of lawfulness, fairness and transparency, data minimisation, storage limitation, integrity and confidentiality.

Withdrawal of consent

The consent given, both for processing and for disclosure of your personal data, may be withdrawn at any time by sending a request to Flowers by Bornay in the terms specified in this Policy to exercise the rights of the data subjects. This withdrawal will not have retroactive effects in any case.

Storage of the personal data

The personal data will be processed only while the contractual relationship between the controller and the data user is in place, and as long as they do not exercise their right to removal or right to object.

Nevertheless, the data will be stored for the period needed to comply with taxation obligations that apply to Flowers and Bornay.

COOKIE POLICY

What are cookies?

Cookies are small pieces of data stored in text files that are saved on your computer or other devices when websites are loaded in a browser. They are widely used to remember you and your preferences, and to recognize that you have created an account and have logged into that account to access the content.

What type of cookies does this website use?

First party cookies

Session cookies are temporary cookies that are used during the course of your visit to the Website to make sure you are not a robot and to remember your preferences, and they expire when you close the web browser.

Cookie of cookies: stores your preferences for the usage of cookies.

Third party cookies:

– Analytical cookies

These cookies enable us and third-party services to collect aggregated data for statistical purposes on how our visitors use the Website and to improve the services we offer through it. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the Website.

This site uses Google Analytics for this purpose. You can find further information in this link.

Google Analytics cookies that will be saved in your browser and the time they will be stored are detailed below:

_utma (2 years)

_utmb (30 minutes)

_utmc (browser session)

_utmz (6 months)

Withdrawal of consent: how to delete or disable cookies

You can check which cookies have you accepted, delete cookies that have already been set and refuse new cookies by accessing your browser’s settings. To learn more about how to do this on each browser:

Information about cookies in Google Chrome 

Information about cookies in Safari

Information about cookies in Microsoft Edge

Information about cookies in Opera 

Renewal of consent

According to EU’s General Data Protection Regulation (GDPR), the consent for the use of cookies must be renewed at least once per year, since the first time the user visited the site. For this reason, every 12 months, we will ask you again to accept or refuse cookies when you visit our site.

Version

Last updated: 1st October 2020.

General contracting terms for online purchases

 Flowers by Bornay is a floral art studio that engages in selling floral arrangements to individuals and companies through the website www.bornay.ws, and also offers the opportunity to sign up for workshops and courses.

The products available at www.bornay.ws are creations by Flowers by Bornay. Each of them provides a detailed description of its components and pictures that allow you to know the product you are buying.

Workshops and courses are also described on the website including dates and contents.

 

The purchase of those products and services is governed by the following terms and conditions:

 

  1. Price

The prices of the products are those show on the website. All prices include VAT.

  1. Availability

Flowers by Bornay cannot guarantee the availability of all products at any time. As soon as we are aware that some product is not available, we will update the site. We will never charge for purchasing a product that is not available at the moment.

If some scheduled activity cannot be carried out (venue capacity, impossibility of the organizer, legal or administrative restrictions…), Flowers by Bornay will return any amount paid in advance to book a spot in the workshop or course.

  1. Purchasing process

These are the steps to purchase in our website:

  1. Product selection: once you have selected a product it will be added to your shopping cart. You can select all the products you want to buy, and they will be added to the same shopping cart.
  2. Edit your shopping cart: once you have finished selecting products, you will have to go to your shopping cart to make the payment. You will be able to delete the products on your cart at any time before the payment is processed. To continue with your purchase, you will have to click on “place order”.

III. Payment: in order to process the payment, you will have to provide your billing details and your shipping address. The mandatory data will be marked in the billing form. Once the form is filled, you have to choose the payment method (PayPal or credit card) by clicking on “Go to PayPal” or “Place order” respectively, and you will be redirected to the corresponding payment platform.

 

  1. Payment methods

When you click on “pay”, the website will offer you 2 payment methods: through PayPal and via credit card through Redsys payment platform. Flowers by Bornay will never have access to your bank details in any case.

Once the payment is processed successfully, Flowers by Bornay will send you an email confirming the reception of the payment and the completion of the purchase process.

You can find the Terms and Conditions and Privacy Policy of those platforms in these links:

 

  1. Delivery period and shipment costs

The delivery period is specified for each product on the website, and depending on the type of floral composition and the elements used it will be longer or shorter.

Once you have chosen the product you want to buy and have added it to your shopping cart by clicking on “place order”, you will be able to choose the date and place of delivery.

The date will be chosen among the available days in the calendar that opens when you click on the delivery date.

If you wish to send the product to someone else, you will have to provide a delivery address and other details of the recipient. These data will not be stored by Flowers by Bornay and will only be used to process your order.

If you need one of our products in a shorter period, or you have any inquiries or questions, or you encounter any problem while shopping in our site, please contact us at info@bornay.ws o 935190615, we may be able to help you.

 

  1. Right to cancel a purchase (product return)

According to UE regulations, the right to return purchases made online does not apply to perishable goods that may quickly expire or be deteriorated. Therefore, the 14-day cooling off period to return purchases after receiving your goods does not apply to floral products.

Nevertheless, Flowers by Bornay assumes the responsibility for the delivery of the products you buy in good condition, and we want our customers to be satisfied. For this reason, if you encounter any problem after placing your order, or if the product is not delivered to you in perfect conditions, contact us and we will find a solution (info@bornay.ws or 935190615).

Terms and conditions

  1. Intellectual property and trademarks

Intellectual property and trademark rights of this website (www.bornay.ws), as well as all content and materials available at the site (including but not limited to images, sound, audio, video, software or texts; website name, trademarks and logos; colour combinations, layout and design, selection of materials; computer programs needed for its functioning, access and use, font code, etc.) are property of Flowers by Bornay or it holds the necessary authorization for their use. Flowers by Bornay reserves all associated or derived rights, unless specifically authorized.

The user agrees to use the site and its contents only for the purposes permitted by these Terms and applicable laws or regulations, and the user agrees to indemnify Flowers by Bornay for any damages or loss caused. Flowers by Bornay reserves the right to take legal action against anyone that uses the site against their rights and interests.

If you wish to make any reproduction, copy, use, distribution, display or transmission of any content on this site that is not mentioned in these Terms, you should request a specific authorization by Flowers by Bornay.

If you think that any of the contents of this website infringes your intellectual property rights, contact us through email at info@bornay.ws.

  1. Links

Our site may contain links or hyperlinks to third-party sites. Flowers by Bornay has no control over those sites and, therefore, holds no responsibility or liability for the content, services and activities of these linked sites, nor will guarantee technical availability, quality, reliability, exactness, truthfulness, validity or lawfulness of any kind of content or information found on them. Equally, the inclusion of these external links does not imply any kind of association or participation with the owners or controllers of the mentioned third-party sites.

We authorize the use of links and hyperlinks with Flowers by Bornay website from other websites, as long as they don’t infringe any regulations and they don’t damage Flowers by Bornay public image or brand or the people behind it. Any partial or total reproduction of the content of this website should include a reference to Flowers by Bornay and a link to the page where the content is originally available. The use of framing techniques is specifically prohibited.

  1. Applicable law and jurisdiction

Spanish law will govern any dispute or conflict deriving from the use of this website, its contents, or its products and services. In case of doubt, the texts of reference are those in Spanish.

For the resolution of any dispute or litigation that may arise, the parties agree to be subject to the courts of Barcelona (Spain), expressly waiving any other jurisdiction, except when the applicable law provides that the competent courts are those of the address of the user, as per Spanish law on the protection of the rights of consumers and users.

Last updated: 1st October 2020

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