Terms and Conditions
The following terms and conditions (which could be modified some time to time), are applicable to all the direct and indirect services (via the distributors) available online, through any mobile device, via electronic mail, or by phone. When accessing, surfing on, and using our web site or any of our available applications through the platforms (“the web site”), and/or booking or purchasing, you accept having read, understood, and agreed with the terms and conditions that are shown below (including the paragraph referring to privacy).
These pages, their content, structure, infrastructure, and the service of online rose purchasing that is given through this web site (“the service”), belong and are managed and supplied by QUINDE FLOWERS INC (“QUINDE FLOWERS INC”, “our”, “us”, or “we”). They can only be used for personal, and no commercial, reasons, according to the terms and conditions specified below:
- Scope of our service
Through this web site, we (QUINDE FLOWERS INC) give an online platform through which all the types of ROSE PROVIDERS (for example FARMS, WHOLESALERS, INTERMEDIATES, BROKERS, ETC.”) offer their ROSE INVENTORIES AVAILABILITY, and the users of the web site may BUY THAT STOCK. When performing an INVENTORY PURCHASE through www.quindeflowers.com, you establish a (legally binding) direct contractual relationship with the PROVIDER (MEMBER), from whom you have purchased your stock. From the moment you perform such purchase, we act only as intermediaries between you and the PROVIDER, transmitting the data of the purchase to the provider, and avoiding a confirmation e-mail in the name of the provider.
The information that we show is based on the information that is given to us by the providers or members, who have access to an extranet through which they are completely responsible for updating the fees, availability and other data that appear in our web site. Even though we try that our service be as accurate as possible, we cannot verify nor warranty that all the information is exact, complete or correct. Neither we can be responsible for errors (such as evident or typographic errors), interruptions (due to temporary and/or partial falls of the server, or to repairs, updates and maintenance of our web site, or due to other matters), inaccurate, false or fraudulent information, or the lack of it. The provider, or member, is responsible at every moment, of the accuracy, preciseness and correction of the information (either descriptive or referring to the fees and availability) that are shown in our web site. Our web site is not, and should not be seen as, a recommendation or promotion of the quality, the service levels, the rating, or classification (through stars) of any provider or available product.
The products that are purchased inside this page are of exclusive responsibility of the provider, that states they are roses (a legal product, and it does not accept any product that arrives by breaking the law), and if it is the case, the client will report any unusual activity before the authorities, in order to perform all the required investigation, within the laws of Ecuador, applied to the provider, demarcating any responsibility to QUINDE FLOWERS INC.
- Privacy and cookies
- Free Service
Our service is free because, different to others, we neither charge for our service nor add supplementary costs to the purchasing price.
The ROSE providers pay a commission (a very low percentage of the ROSE price) to QUINDE FLOWERS INC after the client has purchased any product.
- Credit card or Bank Transfers
Payment is processed in a direct and secure way with your credit/debit card, or via your QUINDE FLOWERS INC account, which will process the payment to the provider in a maximum of 30 days after the payment has been effective.
The payment is done in advance through a bank transfer (if available), or through credit card. In case of fraud or unauthorized use of the credit card by third parties, most of the banks and companies which issue credit cards, cover all the expenses resulting from such fraud or incorrect use.
- Payment without delivery
When performing a purchase to a PROVIDER, you accept its payment without delivery conditions as well as other additional (delivery) terms and conditions of the establishment that may affect your purchase. Here the services and/or products offered by the PROVIDER are included. The general payment without delivery conditions of each PROVIDER are at your service in our web site, either in the establishment information pages, or during the PURCHASE process, and in the confirmation e-mail. Please keep in mind that once the purchase is performed, there will not be either changes or cancellations. The delays in payment, wrong bank information, credit or debit card information, non-valid or with insufficient funds credit or debit cards, are exclusively your responsibility and you may not be able to benefit from the reimbursement or payment return when there has been advanced payment.
If you would like that your delivery be delayed or late, or if you arrive the next day, make sure you communicate it (early and on time) to www.quindeflowers.com; however, because it is a perishable product, we are not responsible for its conservation.
- Correspondence and (additional) Communication
When performing a PURCHASE, you accept receiving (i) a verification e-mail. You also accept receiving (ii) an e-mail, which we could send after receiving the product, inviting you to fill in an opinion form. Please check our privacy and cookies policies for further information about how we can get in touch with you.
www.quindeflowers.com is exempted of any responsibility related to any communication with the PROVIDER, in or through its platform. QUINDEFLOWERS.COM cannot warranty that the Provider (appropriately and opportunely) receives/reads, complies with, executes, or accepts any petition or communication.
With the purpose of completing and assuring adequately your PURCHASE, you need to use a valid e-mail address. We are not responsible of (and have no obligation to verify) any error or orthographic failure in the posting physical address, or e-mail, nor any phone (or cellular phone) or credit card number that may be inaccurate or incorrect.
- Ranking, preferential Provider program, stars and comments
The PROVIDERS’ ranking that appears by default in our web site is by Recommendation (or similar ones) and we call it “ranking by default”. We also offer other ways to rank the establishments. Ranking by default is created through an automatic ranking system (algorithm) and it is based in diverse criteria.
The comments may (a) be seen in the PROVIDER’s information page in our web site, with the aim of sharing your opinion about the service level and quality of the product with (future) clients. www.quindeflowers.com may also (b) use (in a complete or partial way) in our web site or social platforms, according to its criteria, newsletters, special offers, applications, or other used channels, that may be owned by www.quindeflowers.com. We keep the right to adapt, reject, or eliminate the comments that we may consider appropriate. The comments have the consideration of a survey, and neither includes commercial offers or invitations, nor incentives of any matter or type.
- Responsibility exemption
According to the limitations indicated in these terms and conditions, and in the way it is permitted by law, we are not responsible for the direct damages you may suffer, pay or contract due to defects attributable to our duties, regarding our services, until a total amount from the total cost of your PURCHASE, as it is indicated in the confirmation e-mail (whether it is for an event, or for a series of events).
However, and up to the point it is allowed by law, neither us nor any of our directors, employees, representatives, subsidiaries, member companies, distributors, members, licensee, agents, nor other people involved in the process of creation, sponsorship, and promotion of the web site and its contents, may be responsible of: (i) punitive, special, direct or consequential loss or damages; production, benefit, income, contract loss; as well as loss regarding the clients or their reputation and losing demands; (ii) errors related to the description of the information (including the information about prices, availability, and ranking) of the product in our web site; (iii) services or products offered by the PROVIDER or other business partners; (iv) loss, damages or (direct, indirect, consequential, or punitive) costs, that you may suffer, contract, or pay, derived from, emerged or related to the use, unavailability, or delay of our web site; or (v) any type of (personal) prejudice, death, property damage, or other damages, loss or (direct or indirect, consequential or punitive) expenses, that you may suffer, contract or pay; either they be due to (legal) actions, errors, infractions, (evident) negligence, bad deliberate professional behavior, omissions, non-fulfillment, wrong representation, objective extra contractual responsibility, or (completely or partially) attributable to the establishment or to other business partners (including any of their employees, directors, staff, agents, representatives, or member companies), whose products or services are (directly or indirectly) available, may be offered or promoted by or through our web site, including any (partial) cancellation, overbooking, strike, force majeure, or any other act that may be out of our hands and control.
You accept that the PROVIDER is, for all effects, the responsible one of receiving, retaining, delivering and paying the applicable taxes over the total retail price of the product, to the pertinent fiscal authorities. www.quindeflowers.com is not responsible for delivering, receiving, retaining, or paying the taxes over the total retail price of the product, to the pertinent fiscal authorities.
The moment of uploading images to our system (for example, when posting a comment), you certify, warranty, and confirm that you own the copyright of the photo/image and that you agree that www.quindeflowers.com uses such photo or image in its (mobile) webs, apps, and promotion materials (online and offline), as well as in any publication that www.quindeflowers.com may consider appropriate. You warranty QUINDEFLOWERS.COM a non-exclusive, universal, irrevocable, unconditional, and permanent right, as well as the license to use, reproduce, show, make someone reproduce, distribute, sublicense, communicate, and facilitate the photos/images in the way that www.quindeflowers.com may consider appropriate. When uploading such photos/images, the person that uploads them, accepts the legal and moral responsibility, and each of the legal claims performed by third parties, derived from the use and publication of the photos/images by www.quindeflowers.com
www.quindeflowers.com does not own or support, in any way, the photos/images that are uploaded. The veracity, validity and user rights of all the photos/images will be assumed by the person who has uploaded the photo, and it will never be of any responsibility of www.quindeflowers.com.
www.quindeflowers.com denies any responsibility or obligation over the published photos. The person who has uploaded the photos, warranties that the photos/images neither contain any virus, trojan, or infected files nor any pornographic, illegal, obscene, offensive, censurable, or inappropriate material, and that they are not breaking any rights (intellectual property, copyright, or privacy) of third parties. Any photo/image which does not comply with the above mentioned requirements will not be published and/or may be eliminated by www.quindeflowers.com at any moment, without previous notice.
- Intellectual property Rights
Unless the opposite is indicated, the necessary software for our services, or used in our web site, and the intellectual property rights (including copyrights), of the contents and information, as well as the material of our web site, belong to www.quindeflowers.com, its providers or distributors.
www.quindeflowers.com keeps the exclusive property of all the rights, headlines, and interest in (all the intellectual property rights of) (the appearance (including the infrastructure) of) the web site where the service is available (including the comments of the clients, and the translated content), and has no right to copy, compile, bind, publish, promote, sale, integrate, use, combine or use the content (including the translations and comments of the clients) or our brand without a written permit from our side. In the way that you would like to use (completely or partially) our (translated) content (including the comments of the clients), or if you are an owner of any intellectual property right of the web site or any (translated) content or comment of the clients, by the means of this document, you transfer and cede all the intellectual property rights to www.quindeflowers.com. Any type of inadequate use or any type of previously mentioned action or behavior will be considered an infraction of our intellectual property rights (including the copyright and the data base right).
In the way that the law allows, these terms and conditions, and the provision of our services, will be ruled and interpreted according to the legislation of the Republic of Ecuador, and any controversy that may appear by these general terms and conditions or for our services will be presented only before the competent judges of the city of Quito.
The original Spanish version of these terms and conditions has been translated to other languages. The translated version is a non-official courtesy; therefore, translation rights cannot be extracted there. In the case of dispute about the content or the interpretation of the terms and conditions, as well as in the case of any supposed conflict, contradiction, or discrepancy between the English version and the rest of the versions in other languages, the English version of these terms is the one that prevails and it is concluding, in the way that it is allowed by law. You may check the English version in our web site (choosing the language) or request in a written way and we will send it back to you.
If any disposition of these terms and conditions is, or may be converted into invalid, or not binding, you will still be connected to the rest of the previously mentioned dispositions. If this happens, the invalid disposition should be complied with until the maximum allowed by the applicable law, and, in the way it is possible, a similar effect to the one of the invalid or non-binding dispositions will be accepted, according to the content and object of these terms and conditions.
- About www.quindeflowers.com and the subsidiaries companies
QUINDE FLOWERS INC provides a service of online rose purchasing. It is a limited company constituted according to the legislation of the State of Florida, with social headquarters in Miami.
QUINDE FLOWERS INC has the commercial support in Ecuador and other places of the world. These companies do not have any web site (and by no means control, manage, keep nor own the web page); they neither have the power nor authority to provide the service, represent QUINDE FLOWERS, or sign a contract at its name. You do not have any (legal or contractual) relationship with these natural person or legal entity that are part of the group. These people or entities neither operate, nor are authorized for acting as any type of QUINDE FLOWERS INC process or service agent. QUINDE FLOWERS neither accepts nor assumes any other address in any place, location, or headquarters in the world, different from the social address in Miami.
- Privacy and cookies
QUINDE FLOWERS INC offers online services of rose purchasing through its own web sites and mobile applications, as well as other online platforms, as member’s web pages and social networks. The following information is applicable to all the platforms. QUINDE FLOWERS INC may modify the privacy and cookies policy from time to time, so it is advisable to visit this page regularly, so that you are updated about such updates.
If you do not agree with this privacy and cookies policy, you cannot use our services.
What type of personal information does QUINDE FLOWERS INC use?
The moment you book a purchase, we will ask for your name and e-mail address. It is possible that you may be asked to indicate your address, phone number, payment information.
In order to manage your purchase in an easier way, you may create a user account. In this account you may save your personal configuration, see your previous purchases, and manage your next purchase.
Each time you visit our web sites, even if you do not perform any purchase, we can compile certain information such as your IP address, the browser you are using, and information about the operative system of your computer, the version of the application, the language configuration, and the pages that have been shown. If you are using a mobile device, we may also compile data to identify your device, such as the characteristics, the specific configuration of the device, and the coordinates of the latitude/longitude. When you perform a purchase, our system registers the means you have used, and from which web sites you have performed them.
We may also receive information from you when you use certain services from social networks.
12.2 Why does QUINDE FLOWERS INC compile, use and share your personal information?
- Purchase: We mainly use your personal information in order to complete and manage your online booking, and in order to refer to your purchase data to the provider you have purchased from.
- Customer service: we offer an everyday international customer service, in English and Spanish, according to the schedules stated in the web, from our local office. We share your information with our global customer service staff, in order to assist you whenever you need us, either that be in order to find the right product, or to respond to the questions related to your purchase.
- Clients’ comments: We could use your contact information in order to send you e-mails that invite you to write comments after your purchase.
- Account administration: We offer the possibility of having a user account in our web site. We use the information you provide to us in order to manage that account. In that way, you can manage your purchase, enjoy special offers, and manage your personal configuration, which will allow you to create and share lists, photos, see the previously looked up products, and see other type of information that you have provided. It may also allow you to see the comments you have sent to the providers to whom you have bought from. If you want, you may also share information from your account, by creating a public profile associated to your name or to a user name you choose. With the public profile you may share your photo, the names of the providers to whom you have bought from, your lists, etc…
- Marketing actions: we may also use your data in order to develop marketing actions, exactly as the law allows. For example:
- When you perform a purchase with us or create an account, we can use your contact information in order to send you notifications about similar products or services, related to roses. With your consent (if the local law requires having such consent) we could regularly send you e-mail notifications. You may choose if you would like us to send them or not, and also dismiss such publicity communications, any time, by clicking in the dismiss link, which appears in all the notifications. You may also manage your subscribers from your account (if you have created one).
- According to the information you have shared with us, we can show you personalized offers in the web site of www.quindeflowers.com, or in the applications for cellular phones, or in third parties’ web sites, including the ones of the social networks. These may be offers of purchases you may perform directly through the www.quindeflowers.com web, offers from third parties, or products which we think may be of your interest.
- If we consider that any offer may interest you, we can get in touch with you via telephone call.
- Other type of communications: in other cases, we may get in touch with you via e-mail, via post mail, via telephone, or via text message (SMS), according to the contact information that you have shared with us. We may do it for several reasons:
- In order to answer or manage the requests you have done.
- If you have not finished the online purchase process, we can send you a reminder e-mail in order to continue with the booking. We believe that this additional service may help you continue with the purchasing process, without having to go back and search the products, or fill in all the data for the booking, from scratch.
- When you use our services, we can send you a questionnaire or invite you to comment about your experience with QUINDEFLOWERS.COM
- We may also send you other type of material related with your purchase, such as information about how to get in touch with QUINDEFLOWERS.COM if you need help during your purchase. Additionally, we can send you information related to your possible future purchases, or a summary of the previously performed purchases at www.quindeflowers.com
- Market research: Sometimes we invite our clients to participate in market research. We will only use the personal information you provided, with your consent, in order to participate in the market research.
- Fraud prevention and detention: We can use the personal information in order to detect and prevent fraudulent actions and other illegal or undesired activities.
- Improvement of our services: Finally, we use personal information for analytic purposes, improvement in our services, improvement in the client experience, and improvements in the functionality and quality of our online services.
12.3 How does www.quindeflowers.com use the social networks?
We use the social networks in order to promote the PRODUCTS of our team members, and to advertise, to improve and to offer our own services. For example, we have integrated plugins of the social networks on the www.quindeflowers.com web site; therefore, when you click the button of begin session with your account from a social network, the information will be shared with the provider of such social network, and it may be possible that it appears in your social network profile so that you may share it with other people.
Additionally to implementing those channels, www.quindeflowers.com has accounts, and offers applications in various social networks. Those services in the social networks, allow you to share information with www.quindeflowers.com. When you register in a social network application, you will receive information about the type of information that will be shared with www.quindeflowers.com. The information that you decide to share with us, may include the basic available information from your social network profile, your e-mail address, your profile updates, and your friend’s list. This information is necessary in order to create a unique user experience, both in our web pages and in the application. In this way, it is easier to personalize our web page according to your preferences, get in touch with your friends, and analyze and improve our services.
We may also allow that you sign in at QUINDEFLOWERS.COM with your social network accounts. The provider of such social network may inform you about how they use and process your data in such cases.
12.4 How does www.quindeflowers.com share your data with third parties?
In certain particular circumstances, we can share your personal information with third parties.
- THE PRODUCT that you have booked: In order to complete your booking, we need to share some relevant data with the provider you have booked, such as your name, contact information, payment information, and the preferences you have chosen the moment of booking. www.quindeflowers.com or the provider may use such data in order to inform you about personalized offers related to that booking. If you have questions about your PURCHASE, we may get in touch with the PROVIDER, and request them to manage your petition.
- Your www.quindeflowers.com local office: We share your data with the local www.quindeflowers.com offices in order to offer a better service. You may find more information, THE CONTACT TELEPHONE NUMBERS, IN OUR WEB SITE.
- External service Providers: We may use service providers (as data processors) in order to process your personal information, only at our name. This processing is performed with the aim of facilitating the payment of the purchase, sending publicity material, or to facilitate the analysis services. The data processors have to comply with the confidentiality clauses, and cannot use your personal information for their own purposes, or any other objective.
- Competent authorities: We may share your personal information with the organizations in charge of the law fulfillment, and other governmental authorities, if that is required by law, or if tis strictly necessary in order to prevent, detect, or chase fraud or criminal acts.
- Our business partners: We work with business partners all over the world for distributing or advertising the ROSES PROVIDERS and help our business members to distribute and advertise their products. This may imply that their services are integrated to our web page, that we allow them to show a personalized advertisement in our web, or that we may advertise ourselves in theirs. When you book in the web page of one of these business partners, the regarding member may share, certain personal information that you have provided, with others. In the same way, we can share information with the business partner, if you ask for it. When you book in the web page of one of our business partners, please read the privacy conditions of that web page in order to obtain more information regarding that matter.
12.5 How does www.quindeflowers.com use the mobile devices?
We have free apps, or you may pay for a great variety of mobile devices, and we use versions of our web page that are optimized for mobiles. Those apps and web pages for mobiles, process your personal data in a very similar way to the web page. With your consent, we can send you push notifications with information about your purchase.
12.6 How des QUINDEFLOWERS.COM use the client’s comments and the information that you share with use about the destinations?
After your PURCHASE to any PROVIDER that you have ACQUIRED with us, we will invite you to write a comment. In this invitation, we can ask for some information about the PRODUCT. If you want that your name appears in the comment, you may use your user name (you can choose it in your account) or you can show it online in an anonymous way. Exactly as it is explained in our Terms and conditions, when sending a comment, you accept that it may be shown, for example, in our mobile applications, in our social network accounts, and social applications, in the web page of the PROVIDER, and in the web page of our business partners. Your comments are used for informing our CLIENTS about the quality and the services of the PROVIDER TO WHOM YOU HAVE BOUGHT FROM.
When you indicate if a comment of a client is useful or not, we will add that information to the comments of other clients to order them and give them priority. We can use the information of your lists, or the information that you share with us about the acquired products.
Which security methods does www.quindeflowers.com use in order to safeguard your personal information?
According to the Ecuadorian legislation about data protection, we use some strict security methods to prevent the unauthorized access and the inadequate use of personal information.
With the objective of protecting and safeguarding the personal data that you have provided us, we have implemented appropriate procedures and business systems. Additionally, we use security methods and technical and physical restrictions for accessing and using the personal information of our servers. Only the authorized service has the permit to access the personal information in order to perform their job.
The information of your credit card, every time it is necessary to perform the purchase, will be saved during a maximum period of 10 days. After that period of time, the information of your credit card will permanently be eliminated from our system or be encrypted and saved with the aim of detecting possible fraud. If you have chosen to save the information of your credit card in your personal account, the information of your card will stay encrypted in our system, excluding the last four digits of the number.
- Under age
The services that QUINDEFLOWERS.COM offers are not addressed to people underage (under 18). If we receive information from an underage person, we will keep the right to eliminate it.
- Direct communications
We facilitate the direct communication between the providers and the clients. For more information read “How does www.quindeflowers.com process the direct communication between you and the provider?”
In case of disputes related to the booking, we could give the provider, when required, information about the booking process; for example, one copy of the PURCHASE confirmation as evidence of the booking performance.
15.1 How does www.quindeflowers.com process the direct communication between you and the provider?
www.quindeflowers.com offers you, and also the providers, different ways of communicating among you about the existing. If you have any question about your PURCHASE, you may contact www.quindeflowers.com or communicate directly with the PROVIDER through the text boxes in order to send messages or by using the alias e-mail. For security reasons, www.quindeflowers.com has an automatized system which scans all the communications in order to prove there is no malicious content. This includes spam and limits certain types of files such as: .zip, .rar and .exe.. Any type of delicate information, such as credit card numbers, will appear encrypted. In this way we would warrantee that the communication is safe both for you and for THE PROVIDER. In case that there are communications detected as having malicious content, the communications will be blocked and/or forwarded to the fraud team of www.quindeflowers.com in order to investigate about this matter. Keep in mind that
www.quindeflowers.com will file all the sent and received communications through the www.quindeflowers.com tools. In the way that the law allows, www.quindeflowers.com will only access the communications between you and the PROVIDER, at your request or the PROVIDER’s request, if the law requires, if it is strictly necessary for security reasons, or to comply with the law, or if www.quindeflowers.com has a legitimate interest regarding it, as detecting or preventing from fraud, or inappropriate use www.quindeflowers.com may analyze the anonymous content of the communications in order to improve its services.
15.2 How could you control the personal information you have provided QUINDEFLOWERS.COM?
You always have the right to check the personal information we have about you. If you would like to ask for a general list of your personal data, please send us an e-mail to management@QUINDEFLOWERS.COM. Indicate in the e-mail subject “personal information request”, and include a copy of your identity document in order to help us prevent that unauthorized people access your personal data.
If the personal information that we have from you is not the correct one, we will update it, at your request. If you would no longer wish to use the QUINDEFLOWERS.COM services, you may ask us to block your personal information so it cannot be used again. Additionally, you may eliminate your user account any time, logging in at QUINDEFLOWERS.COM web page. Go to the “Settings” page, and eliminate your account. You can discharge the QUINDEFLOWERS.COM newsletters any time by clicking in the “Dismiss” link, which you will find at the end of each newsletter. The requests to update, block, or eliminate personal information should be sent via e-mail to MANAGEMENT@QUINDEFLOWERS.COM. Keep in mind that it may be possible that we need to save certain information in our files for legal or administrative purposes, in order to process claims, or to detect fraudulent activities.
15.3 Who is responsible to process the provided personal information in the QUINDEFLOWERS.COM web page and apps?
- Claiming Policy
QuindeFlowers is an intermediary; therefore it is the one in charge of revising the product shipping (or freight) and of performing the quality control in the harbor.
Consequently, the claims will be performed directly in the farm, and in the platform through the use of messages, with the possibility of attaching images as evidence means. The farm will be the responsible one of making the best decision based on the client’s claims.