a) Flores no Cais, an entity with the NIF 514132566, thanks you for consulting our Terms and Conditions (also referred to as "Terms" or "Terms of Use"), in the certainty that we are at your disposal to provide any clarification and information about the rules of use of our website, hosted at floresnocais.pt, and also about our service;
b) Please note that every time you access our website you accept the following Terms and Conditions without any exceptions or reservations;
c) If, after reading them, you do not agree with them, please do not use our website and consult the section of our website for alternative ways in which you can contact us, so that we can provide you with our services by alternative means.
a) The Terms and Conditions of our website are intended to regulate and discipline access to and use of the website, which has been created for you, whether as a visitor or a registered customer;
c) The Terms and Conditionsalso aim to ensure that the website is not used for illegal or unauthorised purposes, providing what we consider to be relevant and appropriate information.
Anyone who accesses our website by browsing our pages, whether they are a private individual or visiting our website as a company, whether or not they register as a customer, and who accepts these Terms of Use;
The website designed, developed and created by us for you, which is hosted at www.floresnocais.pt;
Cookies are small files of numbers and letters that are stored in the browser you are using when you visit our website. Please consult our Cookie Policy.
What is not allowed on our website?
a) Our website www.floresnocais.pt must only be used for lawful purposes, in accordance with applicable law;
b) Thus, in particular, they are not considered legitimate:
I) The use of our website, or any other website or platform, to undermine our good name and reputation as an organization;
II) The use of our website, or any other website or platform, to insult or defame our employees and Flores no Cais as an organization;
IV) The sending to our site, by the user or through an intermediary, of any agents of a malicious nature that may jeopardize its regular and normal operation, in whole or in part, causing damage, regardless of its nature and extent, including to third parties;
V) Any action aimed at modifying any of the pages of our website, in whole or in part, by concealing their content or including in them any material of an illicit nature, namely:
VI) Any action, finally, that uses our website in breach of any applicable rules, whether legal, regulatory or otherwise.
c) Actions that infringe copyright, trademarks, trade secrets or other intellectual property rights of ours or of any third party.
a) Our website is presented to you "as it is", so our liability is excluded under the exact terms of the section "Interruption of Service", which we recommend you read;
b) Flores no Cais has implemented measures of a technological nature on its website, which we reassess in the light of technological developments, seeking to ensure that it allows you as a user to navigate in a functional, user-friendly and secure way;
c) Nevertheless, and because there is no such thing as absolute security and we cannot guarantee that our website is absolutely invulnerable, we cannot be held responsible, in whole or in part, for external, illicit actions perpetrated by malicious organizations or individuals(crackers), of greater or lesser extent and effect, including but not limited to other applicable actions:
I) Ransomware attacks, which consist of a kind of data hijacking that locks the device or system and under which the attacker misappropriates data and files, preventing access to them and demanding payment of a sum of money. For more information on ramsomware visit the website nomoreransom.org (English only);
II) backdoor, which is a type of Trojan horse that allows cybercriminals remote access to the infected system;
III) denial of service (DoS) situations, which consist of an attack directed at a server by a single computer that aims to make its resources unavailable and impossible for it to use;
IV) situations of distributed denial of service (DDoS), which reflects an attack carried out by several computers on the server, with the aim of overloading more effectively than DoS on more robust systems;
V) social engineering attacks, which can be understood as a set of persuasive practices used to gain access to data, systems and sites by exploiting human psychology.
Neither Flores no Cais nor the user of our website shall be liable to each other for failure to comply with these Terms of Use when such failure is due to acts of God or force majeure.
a) It is possible that we may, exceptionally, interrupt access to our website;
b) This interruption may be necessary for various reasons, including:
I) technical reasons, for example, updates that we need to make to our website, either to correct deficiencies that we detect or to implement improvements that benefit the service we provide to you;
II) reasons of force majeure, for example, which may occur due to the unavailability of the internet, which we are unaware of;
III) attempts at improper access aimed at undermining the security implemented to protect your personal information;
c) In the event of any interruption to our service, we will make every effort to ensure that it is brief and that its impact is kept to a minimum and, as far as possible, we will keep our users and customers informed through alternative contact channels;
d) We will endeavor, whenever possible, to provide you with timely information whenever there are scheduled interruptions.
a) It is our firm aim and objective that our website is always accessible to our users;
b) However, in the event of the website being unavailable, we cannot be held liable for any damages, in particular:
I) direct and/or indirect damage;
II) emergent damages and/or loss of profits;
III) damages of a pecuniary and/or non-pecuniary nature;
IV) any other damages and/or costs resulting from loss of business or otherwise which, in the specific case, may be alleged and claimed.
a) Our concern for your personal data is permanent at Flores do Cais and we seek, on a frequent basis base , to adopt the best recommended practices, with a particular focus on the security of processing and taking into account the General Data Protection Regulation and Law 58/2019, of August 8, which implements it in our legal system, without prejudice to other applicable legislation;
b) Your personal data is processed on a strictly necessary basis base and with strict control over access to it, so we comply with and enforce the principles inherent in the processing of personal data;
c) Our personal data protection officer can be contacted through the contact details provided in the section "How can you contact us?" which you can find further down in this document;
e) More information about the processing of your data? Please consult our Privacy Policy.
a) It is our goal to provide you with a fluid and efficient browsing experience and for this reason Flores no Cais uses cookies because they are necessary for the functionality of our website and because they are important for our business and its evolution;
b) In our Cookies Policy you can obtain various information, namely which cookies we use, their categories, how you can manage them in your browser, the duration of cookies, which is available here.
a) All content generally available on our website is our property, except in cases where there is an express reference to its source or origin;
b) Our website is protected under the general terms of the law and by national and international legislation on the protection of intellectual property;
c) Therefore, without excluding other applicable content and without prejudice to the reference to the source, all the content of the website is protected by law, including but not limited to other content:
I) all your images;
II) all your texts;
III) trademarks, logos and designs;
IV) photographs;
V) data;
VI) audio and video materials;
VII) graphics;
VIII) software and source code.
It is expressly forbidden without our express authorisation:
I) the reproduction or copying of our website, in whole or in part;
II) its dissemination or transmission;
III) its total or partial modification;
IV) its publication or sale;
V) its distribution;
and, in general,
VI) any other form of use of the website, in whole or in part, whatever the means used and the intended purpose, whether public or private.
a) If you wish, you may print out any excerpt of material contained on our website, solely for your personal use and provided that you do not make any changes;
b) It must always indicate the source and the copyright holder, without removing or concealing any other indication of rights or ownership;
c) Our website may contain images purchased from image banks, which are subject to the copyright of their respective suppliers.
If the aforementioned rules and notices are not complied with, we reserve the right to take the necessary measures, holding the perpetrators responsible whenever there is any misuse of our website, at any level, carried out in any form, and regardless of the scope of such use, subjecting the offender to the appropriate civil and/or criminal legal proceedings.
a) The links you may find on our website may take you to other websites or platforms managed by third parties;
b) In relation to these websites, and websites or platforms linked to them, we do not have or assume any responsibility, in particular with regard to their content, positions taken, inaccuracy or lack of information, of a legal or other nature, such responsibility being exclusively attributable to those responsible for these websites or platforms.
As part of your online shopping process, it is important that you are aware of the following information:
I) Refuse or cancel your order at any time for certain reasons, including, but not limited to: availability of the product or service, errors in the description or price of the product or service, error in your order, suspected fraud or unauthorized or illegal transaction;
II) Orders are considered to have been placed only once payment has been confirmed, at which point we will comply with the delivery timings;
III) To replace or alter any item in the event of its unavailability, whether in kind, color or variety, taking into account the seasonal and perishable nature of most of the items on offer, while guaranteeing the value and balance of its composition without prejudice to the customer;
IV) Not making the delivery when the recipient refuses or is absent and, in this case, it is not possible to make the delivery to someone who replaces him/her;
V) To contact the buyer whenever this becomes indispensable for the effective provision of the service to be carried out;
VI) To subcontract entities or companies that we trust in order to guarantee the proper performance of the services, particularly in urgent situations and taking into account the distance of the delivery.
VII) Reject a request to cancel an order, if this is made only on the working day before the delivery date, if the order is already in preparation.
I) If you wish to purchase any product or service made available, you may be asked to provide certain information relevant to your purchase, including, without limitation, your credit card number, the expiration date and security code of your card, your billing address and your shipping information;
II) As our customer and user of our service you warrant that you have the legal right to use any credit card or other payment method(s) in connection with any purchase and that the information you provide to us is true, correct and complete;
III) By sending us the aforementioned information, you grant us the right to pass it on to third parties for the purpose of facilitating and enabling the completion of your purchases.
IV) The regulations of the carrier subcontracted by Flores no Cais to make deliveries do not guarantee that the courier will always contact the recipient by telephone at each delivery attempt, especially if the contact associated with the delivery address is not a national cell phone number.
I) Request the return or replacement of the purchased item whenever, for reasons beyond their control, it is not delivered in good condition within 24 (twenty-four) hours;
II) Request the return or replacement of the order whenever, for reasons beyond its control, the delivery attempt takes place within 24 (twenty-four) hours of the established delivery date;
III) Request the reshipment of an order whenever it is not carried out on its own responsibility, having to pay only the cost of delivery (when requested), up to a maximum of 3 (three) attempts;
IV) Request the cancellation of an order if you contact us two working days before the scheduled delivery date to ensure that the order is not still in preparation.
V) Request changes to the order, in particular the delivery address, at least two working days before the delivery date. Changes requested after this period may cause delivery constraints which are the sole responsibility of the customer.
I) This section deals with the procedures we adopt with regard to the exchange and return of purchased flowers, as well as the refund of amounts spent and other procedures applicable to our website;
II) The purpose of our website is to make your day-to-day life easier and ensure maximum comfort in the process of purchasing our products, enabling you to buy and give flowers at any time and place, avoiding travel and, whenever that is your intention, allowing for the surprise factor;
III) Considering that many of the goods we sell to you are perishable and sensitive (perishable products are those that, by their nature, deteriorate within a few days (plants, fruit, flowers, etc.), their state of preservation can directly influence the outcome of the floral composition;
IV) The way the service we provide is organized is designed to meet your immediate needs, and you can schedule deliveries in advance, anticipating the possibility of failures, which can naturally occur on days with a higher volume of requests (e.g. festive seasons);
V) Flores no Cais always strives to guarantee the best quality flowers at all times. Our deliveries are carried out properly, keeping the flowers fresh and well preserved until they reach their destination, so that you receive them in perfect condition.
For purchases made through our website, products may be exchanged or returned in the following cases:
I) Product not in accordance with the order:
If you have received an item that is not the one you ordered, you must report the problem to Flores no Cais 's Customer Service (hereafter SAC) by email as soon as possible, within a maximum of 24 (twenty-four) hours from the time the order was delivered. For all intents and purposes, it is compulsory to send images to prove this.
II) Damaged or deteriorated product:
If the flowers are found to be damaged upon delivery, you must report the problem to Flores no Cais by email as soon as possible, within a maximum of 24 (twenty-four) hours from the time the order was delivered. For all intents and purposes, you must send pictures to prove this.
III) Delivery or attempted delivery made 24 (twenty-four) hours after the requested delivery day, except:
In the event of an exchange/return for goods not in accordance with the order or delivery made 24 (twenty-four) hours after the scheduled delivery date, the procedure will be as follows:
I) In any case, the complaint will be analyzed by Flores no Cais;
II) If it is found that the problem alleged by the customer has not occurred or that any situation eligible for exchange/return has not been complied with, the product cannot be returned or refunded;
III) In the event of a legible situation for exchange/return, this procedure requires the recipient to keep or repackage all the items in the respective box in the same way as they received them. Flores no Cais will then make a new shipment to the same address, where the courier who will make the new delivery will collect the box with the items to be returned at the same time.
I) In the event of a full or partial refund of the amount paid by you, as set out in this document, this will be made using the same payment method you used at the time of purchase, if the payment method was a bank card or PayPal;
II) If you have paid by Multibanco or MBWay, you must provide us with your IBAN so that we can refund you;
III) In any case, and if you so wish, a coupon code can be generated and sent with the amount to be refunded, allowing you to request an item of similar value of your choice that is available on our website;
I) We are constantly updating our range of goods and services in order to provide you with the most complete service and the best news;
II) The goods or services we make available to you may be incorrectly priced, incorrectly described or unavailable, and there may be delays in updating information, including our advertising on other websites;
III) We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, and we therefore reserve the right to change or update information and correct errors, inaccuracies or omissions at any time, without prior notice and without resulting in any right to compensation that you may invoke.
I) Any contests, sweepstakes or other promotions (collectively, the "Initiatives") that we announce and make available to you may be governed by their own specific rules.
II) If you wish to take part in any of the Initiatives, we ask that you carefully read the rules applicable to them, these Terms and Conditions and our Privacy Policy.
III) In the event of a conflict between the rules of the Initiatives and these Terms and Conditions, the latter shall prevail.
I) When creating an account with us, you must provide us with accurate, complete and up-to-date information, failing which there may be a breach of these Terms and Conditions, which may result in the cancellation of your account;
II) You are responsible for protecting the password you use to access the service and for any activities or actions in which it is used, whether managed by us or by a third-party service;
III) You agree not to disclose your password to third parties and must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account;
IV) The user may not use as a username the name of another person or entity or that is not legally available for use, a name or trademark that is subject to any rights of another person or entity without their due authorization or a name that is offensive, vulgar or obscene.
a) We would also like to provide you with the following specific information about the provision of our service:
I) Only the delivery contact is officially used by the carrier, but sometimes Flores no Cais inserts other contacts in the notes (e.g. the billing contact) which can be freely used by the couriers, despite the fact that the contact visible on the device they use (PDA) considers only one contact to be the main one;
II) Whenever we deem it appropriate, we may include the billing contact in the notes on the delivery note, in order to provide the carrier with additional information in the event of delivery difficulties, given the urgent and perishable nature of the products we sell;
III) Note that the situation referred to in the previous paragraph will only occur if the sender does not request that the recipient be considered anonymous;
IV) In the case of anonymous senders, and together with any online article, we only send the dedication (if you have inserted one) and the shipping address details (recipient's name, delivery address, recipient's telephone number);
V) To ensure that the recipient does not know who sent the flowers, they should not sign the dedication and should also explicitly state in the order notes that they want the sender to be anonymized, so that they cannot be identified in any way;
VI) Bearing in mind that the sender has access to tracking, if the order is not delivered due to an incomplete address or an absent recipient, in the absence of feedback from the sender the customer should contact us immediately so that Flores no Cais, together with the carrier, can expedite a second delivery attempt as soon as possible;
VII) Flores no Cais may order the carrier to destroy the parcel within 2 (two) working days if there is no contact or response from the customer via email ([email protected]);
VIII) Flores no Cais does not deliver with CTT, which is why it is not possible for deliveries to be made to PO boxes, post office boxes or ICCs;
IX) If orders have entered processing status, they cannot be refunded from that moment on;
X) Flores no Cais will not send orders without prior payment having been made;
XI) Our official communication channel is by email (available during the hours mentioned on our contact page);
XII) Flores no Cais offers free deliveries on working days, but during special periods when carriers may be overloaded (e.g. Christmas), it may activate postage in order to guarantee a faster delivery service. On Saturdays there is an extra charge of €8.90.
XIII) Deliveries on Mondays and Saturdays are both dispatched on Friday (the previous working day). It may happen, in exceptional cases, that some carrier franchises deliver on Saturday some orders intended for delivery on Monday, because they already know our brand and the nature of the product, thus seeking to optimize delivery routes. The same situation can also occur in weeks with public holidays.
XIV) Given the nature of the goods we sell, Flores no Cais reserves the right to cancel an order if it is not possible to meet an essential requirement, for example, but not excluding other applicable situations, meeting a delivery date, usually due to a stock outage;
XV) In addition to the free delivery times (8 a.m. to 7 p.m.), Flores no Cais may offer other delivery times at the checkout, at an additional cost. These times apply only to the first delivery attempt; if more than one attempt is required, the free time from 8am to 7pm will apply.
XVI) The purchase of goods through our website implies full and unconditional acceptance of all the applicable conditions set out herein.
a) If you wish to make a complaint regarding our Terms and Conditions, the operation of the website, or for any other reason, our contact details are available and indicated in this document under the heading "How can you contact us?", which you can find below;
b) We will quickly resolve any issue that needs to be regularised, in a transparent manner and assuming any responsibilities that may fall to us.
a) The Terms and Conditions we present to you are interpreted in accordance with Portuguese law, and with base the interpretative criteria contained therein;
b) In the event of a dispute, it is hereby jointly agreed that the courts of the district of Montijo shall have jurisdiction, any other court being waived for the purpose of resolving the dispute.
Flores no Cais
Address: Estrada do Seixalinho, 2870-491 Montijo
Phone: +351 968 570 059
Email: [email protected]
a) The permanent evolution of technology, the services that we may provide or change, the current legislation that may be changed and the one that will be in force in the future, everything is constantly evolving, so it is possible that we may have to change the content of these Terms and Conditions;
b) Should this happen, and because we want you to be well informed at all times, we will make a reminder on our website of any changes that may occur to this version of this document;
c) Once the changes have been published all users of our website are henceforth bound by the new terms whenever they browse our website.
| Version 1 | 14 Setembro 2018 |
| Version 2 | 8 Julho 2022 |