Terms and Conditions
1 - Scope
1.1. These conditions of sale apply:
(a) to all offers contained on this website (also referred to as the "site") issued by The Florist (PTF,LDA), with registered office at
Rua Doutor Carlos Pires Felgueiras 98 3ºC, 4470-157 Maia , Tax Identification Number (NIF)
519187008.
(b) to all agreements and relationships entered into between The Florist and any customer who places orders through this website.
1.2. The Florist only accepts orders for products placed through this website, subject to these conditions of sale.
1.3. These general conditions of sale are the only ones applicable and supersede all other conditions, except where previously agreed, expressly and in writing. The Florist may occasionally amend certain provisions of its general conditions, and they should therefore be re-read on each visit to the website www.theflorist.pt (hereinafter the "Site"). Once an order is validated, the customer is deemed to have automatically accepted our general conditions of sale.
2 - Registration and Order Process
2.1. Registration
To make purchases through this website, you must first register. The details required for registration are:
First name
Surname
Email
Telephone
Fax
Company
Commercial Registry
Tax Identification Number
Address
2.2. Order
2.2.1. Choosing Products
The products displayed on this website are grouped into several Categories. These categories are shown in the top menu and in the left-hand column of the website's inner pages. By choosing one of these categories, you will access the category belonging to the selected area, as well as the list of products.
Each of these categories may also contain grouped subcategories. By selecting a category or subcategory, you will access the list of products.
Products viewed on the site that you wish to order should be added to the shopping cart using the “Buy” option. You can also obtain more detailed information about the products viewed by clicking on the product name, to access detailed images, their names and references, features, other models, etc.
2.2.2. Shopping Cart
Once you have placed all the products you wish to order in the shopping cart, you may proceed and complete your order. To do so, please follow these steps:
Step 1: Identification;
If you have already logged in, you may go straight to Step 2.
Step 2: Account and Billing Address;
Step 3: Delivery Address;
Step 4: Delivery Method;
Step 5: Payment Method;
Step 6: Confirm Order;
Once your order is confirmed, you will receive an email acknowledging receipt of your order.
2.2.3. Order Acceptance
Confirmation of the availability of the products ordered and acceptance of your order will be made by telephone or, if this is not possible, by a further email.
Only upon this acceptance by The Florist will the agreement binding www.theflorist.pt and the customer be formed, of which these conditions of sale form part.
The Florist may, at any time, withdraw any offer or change the stated price until an agreement with the customer exists. The Florist cannot be held liable for any typographical errors. The images shown may not correspond exactly to the products.
3 - Deliveries and Shipping Costs
3.1. See conditions at: Shipping and Returns
3.2. The Florist honours order lead times provided stock is available. Should any of the products ordered be out of stock, The Florist will contact the customer by email or telephone within 15 days of the order date; The Florist will make its best efforts to deliver the products and/or services on the scheduled date, but cannot be held liable for any delay for whatever reason.
4 - Other Delivery Procedures
4.1. The prices shown already include the final amount with taxes and delivery. The delivery charge varies according to the delivery area chosen on the online store's entry page, so the flower delivery area must be selected correctly.
4.2. Orders are only valid once payment has been confirmed.
4.3. The Customer is solely responsible for ensuring that authorised persons are present to receive the flowers.
4.4. The Customer is also solely responsible for providing the correct delivery address. Whenever The Florist is informed of an incorrect address or unknown recipient, it will email or telephone the Customer in order to redirect the delivery without the products being returned to The Florist. If the delivery is returned, the transport cost will be charged.
4.5. If there is no one at the delivery address, a card will be left stating the date and time of our visit and contact numbers so that collection of the order can be arranged. The person who placed the order will be notified immediately and, if they wish, delivery can be attempted again upon payment of a new fee.
4.6. Once the flowers have been delivered, the customer may receive an SMS notification on their mobile phone. To do so, simply provide your number at the end of your purchase. This service is entirely free of charge and is a special benefit for customers of The Florist.
4.7. A flower delivery order can only be cancelled if it has not yet been delivered and the delivery process is not under way. To cancel the order, please send an email to shop@theflorist.pt with the subject "Cancellation of Order No. 00000", or call our customer service centre. In either case, we will send a cancellation confirmation email to the email address given in the order. Where payment has already been made, a refund will be issued, less the financial order cancellation charges of EUR 5.00 per order; this process may take up to 15 working days.
Alternatively, a voucher for the full amount already charged may be issued, with no expiry date.
5 - Payment Methods
The available payment methods are:
(b) Credit Card;
(c) Paypal;
(d) Payshop;
(e) Prior bank transfer;
8 - Processing and Security of Personal Data
8.1. In compliance with the provisions of the Personal Data Protection Law (Lei de Protecção de Dados Pessoais), the customer of The Florist and user of the website may, at any time, exercise their rights of access, rectification, cancellation and communication of their data by the following means: in the area of the site called “My Account”, via shop@theflorist.pt or via 351 916 821 076. If you wish to remove your email address, you must do so from the email address held in our database; otherwise we will be unable to remove it.
8.2. The customer authorises The Florist to process the customer's personal data automatically, including all data disclosed at the time of registration on the site, for the purposes necessary for contracting with the customer, managing and executing purchases and the respective records, and access control, including the use of "cookies" technology; such data may be accessed by service providers and suppliers of The Florist, namely accounting and auditing firms.
8.3. The customer authorises The Florist to disclose the customer's personal data to other companies belonging to the same group or to third parties based in Portugal for advertising purposes, including direct marketing, advertising, prospecting and market analysis; the customer may, however, object to such disclosure in the field provided for that purpose on the site.
9 - Other Rights and Responsibilities
9.1. Username
Each registered customer will choose a Username (email) which is unique, personal and non-transferable. The password is chosen by the customer at registration and must be kept secret.
9.2. Transaction Security
The Payment Methods available for collection guarantee payment on delivery and, at the same time, the highest level of security, whether made in cash or by cheque.
9.3. Prices and Stock Limitations
Prices are shown in euros and include the applicable taxes and duties (VAT). The prices shown apply exclusively to purchases made through this site.
The availability of the products displayed on the website is limited to the stock available at any given time. Prices and other descriptions are subject to change without prior notice, including as a result of restocking.
9.4. Ownership of Content and Distinctive Signs
All data and content on the site, including distinctive trade signs, are the exclusive property of The Florist or of third parties and are protected by law as such.
9.5. Errors in Content
The Florist accepts no liability for any errors in the content of the site or in the information provided. The Florist makes every effort to ensure the accuracy and compliance of the site, and reserves the right to freely change the site's content at any time and without prior notice.
9.6. Use of the Internet
The Florist shall not be liable for any loss or inconvenience arising from the use of the Internet, including, for example, as a result of disruption or failure of the service and access, external intrusion or the presence of computer viruses, or any event of force majeure.
9.7. Newsletter
Newsletters sent by email are intended to publicise promotions and general information from The Florist . The customer may receive the Newsletter from the moment they register for the Newsletter or on the site, provided they have not indicated otherwise on the registration form.
10 - Governing Law and Jurisdiction
This contract is governed by Portuguese law and jurisdiction. In the event of any dispute, and to settle any matters arising from it, the parties agree that the courts of the district of Porto (comarca do Porto) shall have jurisdiction, expressly waiving any other.