Last update: September 14, 2018
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with the site https://floresnocais.pt (“Service” or “Site”) operated by Flores no Cais (“we”, or ” our”).
Please read these Terms and Conditions carefully before using the Service.
Your access and use of the Service is subject to your acceptance and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of the terms, you will not be able to access the Service.
Flores no Cais reserves the right to:
- 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, if fraud or unauthorized transaction is suspected or illegal, or other reasons.
- Consider orders as made only after confirmation of payment. Observing from that moment the fulfillment of delivery timings.
- Observing the seasonal and perishable nature of most of the articles available, replace or change any article in case of unavailability of the same whether in species, genus, color or variety. However, guaranteeing the value and balance of its composition without prejudice to the client.
- Do not make the delivery whenever the recipient refuses it, or is absent and it is not possible to make the delivery with someone who replaces it.
- Contact the buyer whenever this becomes indispensable for the ideal provision of the service to be carried out.
- Subcontract entities or companies in order to guarantee the good performance of the services.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to provide certain information relevant to your purchase, including, without limitation, your credit card number, expiration date and code security of your card, your billing address and your shipping information.
You declare and warrant that: (i) you have a legal right to use any credit card or other payment method(s) in connection with any purchase; and that (ii) the information you provide to us is true, correct and complete.
By submitting this information, you grant us the right to provide the information to third parties for the purpose of facilitating the completion of purchases.
The buyer has the right to:
- Request the return or replacement of the purchased item whenever for reasons other than yourself it is not delivered to you in good condition.
- Request the return or replacement of the order whenever it is delivered within a period later than twenty-four hours after the established as delivery time.
- Requesting the resending of an order whenever it is not carried out at your own risk, having to pay only the value of the delivery (when requested), up to a maximum of three attempts.
Refunds, exchanges and returns
This policy deals with the procedures adopted by Flores no Cais regarding the exchange and return of purchased flowers, as well as reimbursement of amounts spent and other procedures applicable to the Site.
The customer must be aware that the purpose of the Site is to facilitate their day-to-day lives, making it possible to offer flowers at any time and place without the inconvenience of leaving their place and with the possibility of the surprise factor, in view of which, invariably, involve perishable and sensitive articles, (perishable products are products that by their nature deteriorate in a few days (such as plants, fruits, flowers, etc.), their state of conservation can directly influence the result The way the service is organized aims to meet the immediate needs of the client, and the client can schedule deliveries in advance, which excludes the need and possibility of major failures on days with a higher volume of requests (ex. festive courts).
Flores no Cais always seeks to guarantee the best quality of flowers at any time. Our deliveries are carried out in an appropriate way to keep the flowers fresh and well preserved until the destination.
The purchase of products through this Site implies full and unrestricted acceptance of all terms and conditions provided for in this Returns and Refund Policy.
Situations eligible for exchange/return
For purchases made through the Site, the exchange or return of products may be made in the following cases:
- Product in disagreement with the order.
- Delivery made twenty-four hours after the valid delivery time.
Product in disagreement with the order
If, at the time of delivery, it is found that the flowers are damaged, the customer must refuse receipt and report the problem to the Customer Support Service (hereinafter CSS) at Flores no Cais by e-mail address, or by contact telephone numbers made available.
If the customer does not find the problem at the time of delivery and receives goods damaged in transport or other than the order, he should contact the CSS as soon as possible, within up to 24 (twenty-four) running hours, from delivery time.
Delivery made twenty-four hours after the requested delivery day
In the case of exchange/return motivated by delivery made twenty-four hours after the valid delivery time, the procedure will be as follows:
- If there was no refusal at the time of delivery, the customer will lose the possibility of requesting an exchange or return.
- If there is a refusal on delivery, the customer must contact CSS to replace or return the full value of the product.
- If the shipping address provided by the customer at the time of ordering is incorrect, Flores no Cais is not responsible for failure to meet the delivery deadline.
- If the recipient is absent or closed at the time of delivery, Flores no Cais considers its service fulfilled so far, while providing the necessary support to the customer, in order to take care of a second delivery attempt with the carrier.
Procedure for exchanges/returns
In the case of exchange/return motivated by, product in disagreement with the order or, delivery made twenty-four hours after the valid delivery time, the procedure will be as follows:
In any case, the complaint will be subject to analysis by Flores no Cais and if it is found that the problem alleged by the customer has not occurred or that any of the conditions set out in this policy are not complied with, the product will be sent back to the customer, under the same conditions, or kept in our facilities (see contacts) for 72 hours so that the customer can pick it up.
In cases where the refund of the amount paid by the customer is justified, as established in this policy, it will be made using the same payment method used by the customer at the time of purchase, if the payment method was bank card or PayPal. Orders payed by Multibanco or MBWay, you must provide us your IBAN to proceed with the refund.
If the customer wishes in any case, a coupon code with the amount to be refunded can be generated and sent so that the customer can request an item of similar value of their choice on our website.
Availability, errors and inaccuracies
We are constantly updating our product and service offerings on the Service. The products or services available on our Service may be incorrectly evaluated, incorrectly described or unavailable, and there may be delays in updating the Service information and in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. We reserve the right to change or update information and correct errors, inaccuracies or omissions at any time, without prior notice.
Contests, sweepstakes and promotions
Our service allows you to post, link, store, share and make available certain information, texts, graphics, videos or other materials (“Content”). You are responsible for the Content you post on the Service, including its legality, reliability and suitability.
By posting Content on the Service, you grant us the right and license to use, modify, publicly execute, publicly display, reproduce and distribute such Content on and through the Service. You retain any and all rights in any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (your property) or you have the right to use it and to grant us the rights and license as set out in these Terms, and (ii) the publication of your content on or through the Service does not violate any person’s privacy rights, publicity rights, copyrights, contract rights or any other rights.
When creating an account with us, you must provide accurate, complete and up-to-date information at all times. Failure to do so constitutes a violation of the Terms, which may result in the immediate termination of your account on our Service.
You are responsible for protecting the password you use to access the Service and for any activities or actions under your password, whether your password is with our Service or with a third party service.
You agree not to disclose your password to third parties. You must notify us immediately after becoming aware of any breach of security or unauthorized use of your account.
You 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 other than you without proper authorization or a name that is offensive, vulgar or obscene.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Flores no Cais and its licensors. The Service is protected by copyright, trademarks and other laws in Portugal and other countries. Our trademarks and commercial image cannot be used in relation to any product or service without the prior written consent of Flores no Cais.
Links to other sites
Our Service may contain links to third party websites or services that are not owned or controlled by Flores no Cais.
Flores no Cais does not control and assumes no responsibility for the content, privacy policies or practices of any third party websites or services. You also acknowledge and agree that Flores no Cais will not be liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with the use of or reliance on any content, goods or services available on or through such websites or services.
We recommend that you read the terms and conditions and privacy policies of any third party websites or services you visit.
We may terminate or suspend your account immediately, without notice or liability, for any reason, including, without limitation, if you violate the Terms.
Upon termination, your right to use the Service will immediately terminate. If you wish to close your account, you can simply stop using the Service.
Limitation of Liability
Under no circumstances will Flores no Cais, nor its administrators, employees, partners, agents, suppliers or affiliates be responsible for any indirect, incidental, special, consequential or punitive damages, including, without limitation, loss of profits, data, use , goodwill or other intangible losses, resulting from (i) your access, use or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, wrongful act (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy established here has failed in its essential purpose.
Your use of the Service is at your own risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Flores no Cais, its subsidiaries, affiliates and their licensors do not guarantee that a) the Service will operate uninterrupted, secure or available at any specific time or place; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your needs.
These Terms will be governed and interpreted in accordance with the laws of Portugal, regardless of the conflict of legal provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is found to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us in relation to our Service and supersede any previous agreements that we may have between us in relation to the Service.
We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a review is material, we will try to provide it at least 30 days in advance before any new terms come into effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after these revisions become effective, you agree to be bound by the revised terms. If you do not agree with the new terms, stop using the Service.
Get in touch
If you have any questions about these Terms, please contact us.