General Terms and Conditions of Online Sales
Terms and Conditions
These General Terms of Sale (GTC) are agreed between Frescofloral Lda, with registered office at Avenida 5 de Outubro, nº 36 A, 1050-057 Lisboa, collective entity nº. 508 585 520, with the same registration number at the Conservatória, do Registo Comercial de Lisboa, with the trade name "Frescofloral Lda" henceforth referred to as "Fleurs à Lisbonne" and between any person wishing to make an online purchase through the web site, henceforth referred to as "site" and "User/Client" respectively. The site www.fleursalisbonne.com is the property of Frescofloral Lda.
The User, before pressing the "Checkout" button at the end of the order operation, should carefully read the present General Terms and Conditions. If you do not agree with them, you should refrain from placing any order.
Fleurs à Lisbonne reserves the right to change the conditions of use and contracting without prior notice, so the User should read them carefully whenever and before placing an order online.
The parties agree that these General Conditions apply exclusively to visitors to the site and, as well, to any transactions of a commercial nature carried out through the online shop.
The purchase of any product in the Fleurs à Lisbonne Online Store implies the acceptance of these General Conditions of Online Sale.
I - ORDERING
The User will place his order online, at www.fleursalisbonne.com
To make an online purchase you must follow the purchase process.
By placing his order, the User expresses his full and complete acceptance of the general sales conditions, the prices and the description of the products included in this transaction.
To place an order, the User must have a valid e-mail address and his or her browser must be configured to accept cookies, which will allow the user to use all the navigational conditions of the website.
To place an order, you must follow the online purchasing process and click on the "Checkout" button. You will then receive an e-mail at the e-mail address previously indicated, confirming that your order has been received by Fleurs à Lisbonne ("Registered Order"). The order constitutes merely an offer to purchase one or more of our products. Any order is subject to acceptance by Fleurs à Lisbonne, which will only be accepted after confirmation of the respective payment.
The use of the service may be subject to a minimum purchase amount. If the order does not reach the minimum value, this will always be presented to the user when he/she accesses his/her cart, that is, before initiating the checkout process.
Orders placed through the site www.fleursalisbonne.com should be paid until 23h59m of the following day, after which they will be automatically cancelled. For same day or next day shipping, orders must be paid for within a maximum of 2 hours, after which it will not be possible to guarantee delivery on the selected date.
II - AVAILABILITY OF ARTICLES
We reserve the right to withdraw any product from this website at any time. All orders are subject to the availability of its products. Considering the seasonal and perishable nature of the products (flowers), and in case of difficulty in supply or unavailability of a product, we reserve the right to supply in its replacement an identical product either in species, colour or kind, ensuring the harmony of the arrangement and of equal or superior quality and value without prejudice to the customer. In cases where it is not possible for Fleurs à Lisbonne to ensure delivery of the product purchased by the Customer, it will credit the amount spent by the Customer using the same method of payment used by the Customer.
III - ORDER CANCELLATION
Considering that the products commercialised through the website www.fleursalisbonne.com are, in their majority, personalised and perishable products, the Customer may cancel the order placed, provided that he/she does so up to 72 hours before the time scheduled for the respective delivery.
In the event of cancellation, the order will be returned to the Customer, by the same means of payment:
- 80% of the order amount if the order is cancelled between 48 hours and 72 hours before the estimated time of delivery;
- 50% of the order value in case of cancellation between 24 hours and 48 hours before the estimated time of delivery;
- 20% of the order's value if cancelled up to 24 hours before the estimated time of delivery.
- In case of cancellation less than 24 hours before the time scheduled for delivery, there will be no refund.
IV - PRICE
The price of the products available online are always indicated in euros, including VAT at the legal rate in force. Although Fleurs à Lisbonne tries to ensure that all prices indicated on the website are correct, errors may occur. If Fleurs à Lisbonne finds that the price of a product in an order is incorrect, it will inform the User as soon as possible, giving the User the choice of reconfirming the order at the correct price or cancelling it.
Costs are calculated in the checkout process and presented to the User in these steps before finalising the order. There is also a shipping table available on the website.
V - FORMS OF PAYMENT
Following confirmation of the order, the User will find various payment options available in their shopping cart, being able to choose the one that best suits them, among the following:
In the case of payment with the Paypal method, the debit will be made in the Customer's account at the moment when the customer finalises the order in the shop. Process: The customer makes his order, and if you choose Paypal as a payment method, is directed to the Paypal Portal, where he inserts his data and finalizes the payment.
ATM PAYMENT & CREDIT CARDS
The payment can be made at ATMs or through "Home Banking", in the payment services area, using for that purpose the Customer the entity, reference and value presented after finishing the purchase process. The payment will be processed through our partner Easypay. The Customer will be directed to Easypay website when finalizing the order. After the payment is made the Customer is again directed to the Fleus à Lisbonne site. The payment will be processed through our partner Easypay.
VI - PAYMENT SECURITY
To minimize the possibility of unauthorized access, the customer directly inserts the card number on the partner's website (in this case Easypay). Payment by credit cards is subject to validation verification and authorization by the issuers, but if the card issuer does not authorize the payment, Fleurs à Lisbonne will not be liable for any delay or lack of delivery and may not conclude the contract with the User.
Fleurs à Lisbonne shall also not be liable for any damage suffered as a result of the use of electronic means of communication including, but not limited to, damage arising from failure or delay of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for communications or virus transmissions.
This information is confidential and will not be used by Fleurs à Lisbonne, except to carry out the necessary procedures for purchase or chargeback (in the case of a return).
VII – DELIVERY
We offer various methods of delivery for your order. At the moment of registration of your order, it will be displayed the types of available methods of delivery, as well their costs, depending on the place of delivery.
The time until the collection of an order will be estimated from the reception date of its payment.
At the time of order, the Client should make sure to put the correct address as to include a valid phone number and that there will be a reciever available at time of delivery. Home delivery cannot be made in "Apartados".
If an order is returned to the store, another delivery will be charged.
International deliveries are not available since the sales at www.fleursalisbonne.com are exclusive to the places mentioned in the delivery zone table.
Possible reasons to delay may include :
- Personalization of products;
- Specialized products;
- Unforeseen circumstances;
- Place of delivery.
Any delay in the expedition of articles regarding the estimated date presented does not guarantee the Client the right to any refund.
If for any reason, Fleurs à Lisbonne is not able to pursue delivery at the expected date of delivery, the User will be duly informed and it will be given the option to maintain its order through the extended delivery date or to proceed to its concealment for a total refund.
For purposes of these Terms, a "delivery" shall be deemed made or a product shall be deemed "delivered" upon your signature on the delivery receipt at the agreed-upon address.
Orders will only be sent after confirmation of available stock and payment and are expedited by a partner company of Fleurs à Lisbonne.
Verification at the moment of Delivery
At the moment of delivery, the Client must check that the order is presented in perfect conditions. Without prejudice to the rights assisted by law, in case of an anomaly, such as damage or missing items, at the moment of delivery, the Client must receive the order and present a complaint at the shipping company and contact Fleurs à Lisbonne within the 2 business days following the delivery at: +351 210 968 921 or firstname.lastname@example.org
VIII - PRECLUSION OF DELIVERY
In the impossibility of delivery by the shipping company, this will be forwarded to the Fleurs à Lisbonne store. The User will be contacted in order to proceed to the rescheduling of a new delivery.
If the User is not available to receive the order on the day previously set, they must contact Fleurs à Lisbonne for the scheduling of a convenient date.
IX - RIGHT OF FREE RESOLUTION
Exchanges or returns of personalised and perishable products, such as flowers or plants, are not accepted, except in the case of lack of conformity of the same, if it is a manifest error of Fleurs à Lisbonne, or the delivery has not been made until 24 hours after the maximum time for the selected period. Should this situation occur, if delivery has not been refused, the customer may not request an exchange or refund. If there is refusal upon receipt of the order, the Customer should contact the Company for replacement or refund of the full value of the product(s), under the terms below.
In relation to products that are not included in the previous point, the Customer has a period of 14 days, counting from the day of receipt of the product, to rescind the purchase and sale contract entered into on the website, without the need to invoke the reason and without payment of any compensation, and for this purpose must inform Fleurs a Lisbonne. Returns and Customer Support: email@example.com
The Customer wishing to rescind the contract under the terms referred to in the preceding paragraph, shall express such intention by sending a statement similar to the one below, by email or letter addressed to the contacts indicated above, through the contact form or any other unequivocal statement of contract rescission.
Declaration of Contract Resolution [Example]
"I/We hereby give notice that I/we hereby terminate my/our contract of sale relating to the following good/for the provision of the following service: __________________________________
Requested on [date] /received on [date] __________________________
Name of consumer(s): _____________________________________
Postal or email address of consumer(s) ________________
Signature of consumer(s) (only if this form is notified on paper)
In the event that you exercise the right of withdrawal, You shall retain the goods in order to be able to return them to Fleurs a Lisbonne in a fit and proper condition for use within 14 days from the date on which you have communicated Your withdrawal decision.
The User has no right to terminate the contract in the case of the supply of personalised products or products which, by their nature, cannot be returned or are susceptible to deteriorate or perish rapidly.
In the event of termination of this contract, the Customer will be refunded all payments made using the same means of payment used by the Customer for the initial transaction, unless otherwise expressly agreed by the Customer, including any delivery costs incurred by him/her, and in any event not later than 14 (fourteen) days from the date on which Fleurs à Lisbonne is informed of the Customer's decision to terminate this contract.
Fleurs à Lisbonne hereby informs you that, in accordance with the legislation in force, it may withhold the refund until it has received the returned goods, or until the Customer provides proof of dispatch of the goods, whichever occurs first.
X - WARRANTY
Without prejudice to the right of resolution consecrated in the previous number, the products cannot be exchanged, nor can the contract be rescinded with the consequent reimbursement of the amounts paid unless the existence of any defect is proven.
In case of a product defect, any replacement will imply the return of the purchased product by the customer, with the return and reshipping expenses being borne by Fleurs à Lisbonne.
The plants or other non-perishable products are covered by the legal guarantee in force, so that the Customer may exercise his rights under this guarantee by presenting the proof of purchase.
Plants that are under the following conditions are considered excluded from the scope of the warranty
• have exceeded the legal guarantee period (2 years);
• manifest defects that are due to inappropriate use (unskillful handling), bad maintenance (ex: sunburnt) or not in accordance with the respective maintenance instructions indicated by Fleurs à Lisbonne;
• for which the Customer does not present the purchase receipt.
XI - OBLIGATIONS OF THE USERS
The User must comply with these Terms & Conditions. Each User undertakes, in particular,
- not to make false statements;
- provide correct information regarding personal data and address so that the order may be correctly processed.
The User is responsible for the veracity of the data communicated to Fleurs à Lisbonne and is also responsible for the insertion of any changes thereto.
Fleurs à Lisbonne declines any responsibility for any eventual delay or impossibility of processing the order, namely in the act of delivery, due to error or insufficiency of the data communicated by the User.
XII - RESPONSIBILITY AND EXCLUSIONS
Except in cases of intent or serious fault of Fleurs à Lisbonne, the Customer will not demand from Fleurs à Lisbonne any indemnity higher than the purchase price of the products at the origin of the claim. Except in cases of intent or gross negligence, Fleurs à Lisbonne will not be liable for any indemnity related to this contract, the products sold in the Virtual Store or the use of the Website.
Fleurs à Lisbonne will not be liable for damages suffered by third parties resulting from the use of its products or as a consequence of their improper use.
Nothing contained in this clause shall prejudice the User's legal rights as a consumer, nor affect its right to terminate the Contract.
XIII - PERSONAL DATA
In compliance with Law no. 58/2019 of 08/08 on the Protection of Personal Data, we inform you that the processing of personal data collected on the website www.fleursalisbonne.com is the responsibility of Frescofloral Lda. The personal data are processed by computer and are intended for shipping corresponding to your orders, administrative support and statistical purposes. The holder is guaranteed the right to access, rectify, modify or delete his personal data; to do so you only need to contact Frescofloral Lda indicating your name, surname, address and/or e-mail:
- By e-mail: firstname.lastname@example.org
- By mail: Avenida 5 de outubro, 36A 1050-057 Lisboa - Portugal
The user authorizes Frescofloral Lda to treat in an automated way the personal data provided, in particular by the use of essential cookies. In this sense, you must read and accept the terms and conditions of the Privacy and Cookies Policy duly published on:
XIV - INTELLECTUAL PROPERTY AND COPYRIGHT
The User recognises and accepts that corporate names, brands and distinctive signs reproduced on the www.fleursalisbonne.com website are protected under the terms of the legal provisions applicable to industrial property. The reproduction or representation of all or part of any distinctive signs is strictly prohibited and must be subject to prior written authorisation from the owner of the brand.
Likewise, all elements contained in the site, including the underlying technology, are protected by copyright and are the exclusive property of Fleurs à Lisbonne, or its suppliers, and the Users are therefore prohibited to use the information and/or materials contained therein, including the reproduction, modification, distribution or republication.
XV - CESSION OF IMAGE RIGHTS
The User declares, for all legal purposes, to freely and unconditionally grant to Fleurs à Lisbonne the rights of use of the images that may be inserted in the website www.fleursalisbonne.com, authorising the latter to reproduce, publish, adapt, use or reuse them in national or international media, directly or through third parties, to advertise, publicise or promote the respective services, namely in its website, social networks or any other means of communication.
XVI - COMMUNICATIONS BETWEEN THE PARTIES
Unless otherwise foreseen in this contract, all communications between the parties shall be made in writing, by letter or by electronic mail and addressed to the addresses indicated.
Fleurs à Lisbonne will preferably contact the User by electronic mail or provide the User with information by inserting notices on this website. For contractual purposes, the User accepts this electronic means of communication and acknowledges that any contracts, notices, information and other communications that Fleurs à Lisbonne transmits to the User by electronic means meet the legal requirement that such communications be in writing.
Communications made in writing shall be deemed to have been made on the date of receipt thereof or, if by electronic mail, on the day on which it is sent, and communications made by registered letter with acknowledgement of receipt shall be deemed to have been made on the date of signature of the relevant notice or on the 5th working day following the date of registration.
For the purposes of service of summons and notifications within the scope of legal proceedings, Fleurs à Lisbonne agrees that the address on this website shall be the one indicated in the registration of the User at the time of purchase.
Any change of address by the User, including electronic addresses, must be communicated to Fleurs à Lisbonne, otherwise, it will not be considered.
All contractual information is written in Portuguese, as well as the information on the articles, communications by electronic mail and formalisation of the sale.
The computerized records kept in the computer systems of the company Frescofloral Lda, are considered proof of the communications, orders and payments produced between the parties.
XVII - TRANSFER OF RIGHTS AND OBLIGATIONS
Frescofloral Lda can transfer, assign or charge its contractual position, subcontract or by any other means dispose of the contract or any rights or obligations arising from it at any time during its validity.
However, no transfer, assignment or encumbrance of such position, or act of contractual disposition, shall have the effect of limiting your statutory rights as a consumer or reduce, or in any way limit any warranty provided by us to you either expressly or by implication.
XVIII - EVENTS BEYOND SELLER'S CONTROL
Frescofloral Lda shall not be liable for failure to perform, or delay in performance of, any obligation under the Contract that is due to an event beyond its reasonable control ("Force Majeure Event").
A Force Majeure Event comprises any event, act or omission, beyond the Seller's reasonable control and includes in particular (but not exclusively) the following:
1. strikes, lockouts and other industrial action affecting relevant postal or transport services;
2. civil uprisings, riots, invasions, or threats of war
3. earthquake, epidemic, pandemic or other natural disaster
4. impossibility of the use of railways, sea, air, road or other public or private means of transport
5. impossibility of the use of public or private telecommunications networks;
6. laws, decrees, regulations or restrictions of the Government;
The obligation of Frescofloral Lda to fulfil any contract may be suspended for the duration of a Force Majeure Event and give rise to an extension of its term equivalent to that duration.
Frescofloral Lda will nevertheless endeavour to put an end to a Force Majeure Event or to find a solution that will allow the fulfilment of its contractual obligations in spite of its existence.
XIX - ENTIRE AGREEMENT
These GTCB and any document referred to in them constitute the entire agreement between the parties with respect to the formation of a Contract and supersede any prior agreement, understanding or combination, whether written or oral.
Both parties acknowledge that in entering into the contract, neither party has based its motivation on any statement, undertaking or promise made by the other, or which could be deemed to be implied from anything said or written in negotiations between the parties prior to entering into the contract, unless otherwise provided for in the GTCB.
Neither party may take advantage of the fact that the other has made an untrue statement, oral or written, prior to the conclusion of a contract (except when such statement was made with fraud) and may only avail themselves of the rules of breach of contract arising from this GTCB.
XX - MODIFICATION OF THE GCV BY THE SELLER
Frescofloral Lda has the right to modify unilaterally, at any time and without notice, the present General Sales Conditions and the product catalogue (Flowers, Natural Plants, or Gifts) by publishing on this website a new dated version. By placing an order after Frescofloral Lda has published the new version of its General Terms of Sale, the User agrees to be bound by this updated version.
XXI - ALTERNATIVE DISPUTE RESOLUTION
Law 144/2015, of 8 September, determines that the suppliers of goods or service providers established in the national territory must inform consumers of the ADR entities to which they are bound by adhesion or by legal imposition arising from necessary arbitration, and must also inform them of their website.
In the event of a dispute, the consumer may appeal to a Consumer Dispute Resolution Entity, an example of which is information on the Consumer Portal www.consumidor.pt
Frescofloral Lda has full membership of the Consumer Conflict Arbitration Centre of Lisbon
Rua dos Douradores, 116,
2º 1100-207 Lisboa
XXII - APPLICABLE LAW AND JURISDICTION
All purchases made on the website, www.fleursalisbonne.com, are subject to Portuguese law. Any conflict or divergence of interpretation of the present conditions will be submitted to the exclusive jurisdiction of the territorially competent Portuguese court.
Except when this causes serious inconvenience to the User, which must be objectively demonstrated, the parties agree to submit any dispute arising from the application, interpretation or execution of this Contract to the district court of Lisbon, with express waiver of any other.
Last update of these General Conditions of Sale (GTC):
6 November 2020