Sales Terms and Conditions
These General Terms and Conditions of Sale apply to any transactions of a commercial nature, carried out by the User, through the online store at www.atelierbotanico.pt, and apply to all users, including visitors, resellers, customers and store owners.
The parties agree that purchases made through the atelierbotanico.pt online store will be governed exclusively by this contract to the exclusion of any conditions previously available on the website.
If, after reading, the User does not agree with it, they should not make any purchase in the online store. However, you can contact Atelier Botânico Ana Oliveira, so that it can provide services in other ways.
The Terms and Conditions also aim to ensure that the website is not used for illegal or unauthorized purposes, providing for this purpose what we consider to be relevant and appropriate information.
SUPPLIER IDENTIFICATION
The Supplier of goods/services through the online store, at www.atelierbotanico.pt, is Atelier Botânico Ana Oliveira, hereinafter referred to as Atelier, with registered office at Rua Stara Zagora, 2830-364 BARREIRO, NIF 240736737 and email address geral@atelierbotanico.pt .
PRODUCTS AND CONTENT
Through the website www.atelierbotanico.pt, the Atelier sells products such as flower arrangements, plant compositions, ceramics and glass vases.
The Atelier undertakes to prepare flower and plant arrangements as similar as possible to the image associated with the order, but is not responsible for any changes between the product obtained and what appears on atelierbotanico.pt.
Given that some flowers and plants are seasonal, that is, they are not available all year round, the Atelier will replace them with others of equal value, respecting the color and shape of the flowers in question.
Atelier reserves the right to modify, without prior notice and at any time, the information and commercial offer presented on products, prices, promotions, commercial conditions and services.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, product shipping charges, shipping times, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service is inaccurate, at any time without prior notice - even after you have submitted your order.
Regarding the nature of the goods sold and depending on the internet browser and monitor used, the images that illustrate each product on the website www.atelierbotanico.pt may differ from the product subsequently delivered.
Perishable products cannot be exchanged, nor can the sales contract be terminated with the consequent refund of the amounts paid.
Non-perishable products enjoy the legal guarantee in force, so the User may exercise their rights under it, upon presentation of proof of purchase.
In the event of a defect in the product, any replacement will involve the customer returning the purchased product, with the return and reshipping costs being borne by the customer.
ORDERS
To place an order at atelierbotanico.pt, the User must have an email account and a browser configured to accept cookies, necessary for the website to function.
When the User completes the order, a message will appear on the screen with the corresponding order number and all its details.
The order confirmation is sent to the User's email, which information should be saved, printed or downloaded for future reference.
Shipping costs will be added to the order in accordance with the current table, which will be calculated during the purchase process before completion by the User.
The prices shown already include the final price with taxes and delivery. The delivery price varies depending on the chosen delivery area (postal code), so the User must select the flower delivery area correctly.
Orders will only be considered valid after payment has been confirmed.
By sending the order form you are accepting the general purchase conditions, as well as other conditions existing on atelierbotanico.pt, through links, including the General Conditions and Terms of Use.
If the products presented on atelierbotanico.pt are no longer available at the time of last access or when Atelier Botânico received the order, it must inform them of their unavailability, within 3 days after receiving the order.
The final confirmation of the order by the Atelier is equivalent to full and complete acceptance of the prices and description of the products available for sale as well as these Terms and Conditions, which will be the only ones applicable to the contract thus concluded.
Orders placed by the User can be placed at any time, with delivery being made on the day of the order.
The accuracy of the data contained in the invoice is the sole responsibility of the User.
PAYMENT METHODS AND SECURITY GUARANTEES
In the atelierbotanico.pt online store, Atelier offers the User the following payment methods:
. CREDIT CARD
. MULTIBANK
. MBWAY
. PAYSHOP
If it is impossible to pay using the methods mentioned above, the User must contact Atelier Botânico by email (geral@atelierbotanico.pt), so that they can analyze the granting of another means of payment.
In the case of payment by bank card, the debit will be made to the User's card immediately after confirmation of the ability to provide the service or send the product.
This information is confidential and will not be used by Atelier, except to carry out the necessary procedures for the purchase or return. In the case of return, in accordance with the exercise of the right of withdrawal or to report cases of fraud to the police.
We emphasize the importance of payment not being made by any other means that is not specified on the atelierbotanico.pt website. In this case, the Atelier cannot be held responsible for loss of payment or any other damages that may arise.
REFUSAL OF ORDER
Atelier reserves the right to refuse or cancel orders for any reason, even after automatic confirmation, exempt from liability for any damages or costs, particularly in the following situations:
. The service or product is no longer available;
. Billing information is not correct or verifiable;
. The order is flagged by our Security Systems as an incorrect order or an order susceptible to fraud;
. Payment for the order was not received within 7 days after accepting the order;
. If it is not possible to deliver the order to the address provided by the User.
. If there are errors in the presentation of the price of the product(s).
. If it is considered that the User did not have the capacity to place the order.
The Atelier may not validate orders that do not present a sufficient guarantee of good collection, that are incomplete or incorrect or if the products ordered are no longer available.
In these cases, the Customer will be informed by the Atelier by email or telephone that the sales contract has not been concluded.
If the Customer places an order and payment for products that are no longer available, the Atelier will refund the money paid for the unavailable products.
ORDER CANCELLATION
The customer may cancel the order placed and receive a refund using the same payment method:
- 100% of the order value if canceled between 48 hours and 24 hours before the scheduled delivery time;
- 50% of the order value if canceled between 24 hours and 12 hours before the scheduled delivery time;
- In case of cancellation less than 12 hours before the scheduled delivery time, there will be no refund.
Cancellation of the order must be done by email or telephone.
PERSONAL DATA
In compliance with Law No. 58/2019, of 08/08, regarding the Protection of Personal Data, we inform you that the processing of personal data collected on the atelierbotanico.pt website is the responsibility of Atelier. Personal data, processed electronically, relates to shipments corresponding to the User's orders, respective administrative support and statistical purposes. The holder is guaranteed the right to access, rectify, alter or delete their personal data. To do this, you must contact the Atelier by email.
The User is responsible for the veracity of the data communicated to the Atelier, and is also responsible for updating them.
The Customer must undertake to:
- not make false statements;
- and to provide correct information regarding personal data and address so that the order can be processed correctly.
DELIVERIES AND SHIPPING COSTS
The Atelier ships by courier to mainland Portugal, excluding islands, with the shipping fee costing 8.90 euros.
Within the Municipality of Barreiro, the delivery service is free.
Deliveries are made from Monday to Friday, from 10am to 7pm and Saturdays, until 1pm, in the Municipality of Barreiro.
In mainland Portugal, deliveries are made from Tuesday to Saturday, from 9am to 7pm and Saturdays until 1pm.
Atelier does not guarantee orders at specific times, and the customer may be informed by the carrier of the status of their order via SMS.
On Sundays, the Atelier is closed and does not make deliveries. There may be changes to the timetable depending on festive days, so the User should contact the Atelier via phone, email or social media to ensure they have up-to-date information.
Orders are delivered in accordance with the requested date that the User defined when placing the order, and the User is solely responsible for the presence of authorized people to receive the flowers and/or plants.
It is also the User's sole responsibility to provide a correct delivery address and a valid contact number. Whenever the Atelier receives information about an incorrect address or unknown recipient, it will send an email or make a telephone contact to the User, in order to redirect the delivery without the products returning to the headquarters. If the delivery is returned, the shipping cost will be charged.
If there is no one at the delivery address, the person who placed the order is immediately informed and, if desired, the delivery can be carried out again upon payment of a new delivery fee.
If the recipient does not exist, or refuses to receive your order, there is no right to return, as there are costs associated with the delivery of each order.
Any delay in the dispatch of items, in relation to the estimated dates presented, does not entitle the User to any compensation. Possible reasons for delay may include, but are not limited to: product customization, specialty products, unforeseen circumstances, and delivery location.
If, upon receiving the order, the User finds that it is not in perfect condition, they must receive the order and lodge a complaint with the carrier, as well as contact Atelier Botânico within 24 hours.
PRICES
The prices of products available in the online store must be expressed in Euros, with fees, transport costs and taxes included, taking into account the VAT in force on the date of payment of the order.
Costs are calculated during the checkout process and presented to the User in these steps before finalizing the order.
If Atelier Botânico finds that the price of a product included in an order is incorrect, it will inform the User as soon as possible, giving them the choice between reconfirming the order at the correct price or canceling it.
If there is an increase in the price of any product, the User will be informed immediately, and may choose to receive their order (paying the difference) or cancel it.
Whenever an item has a price reduction, the type of sale (sales, promotions or liquidation), the type of products, the reduction percentage, the start date and duration period and its communication to the competent authorities are mentioned, if it's necessary.
RIGHT TO FREE RESOLUTION
The Atelier recognizes that all its customers have the right to terminate the contracts they have signed with it, allowing them to return, within 14 (fourteen) days, non-perishable goods acquired under the terms of Decree-Law No. 24/2014, of February 14th.
For exchanges or returns of non-perishable goods, the customer is asked to contact the Atelier via email geral@atelierbotanico.pt, indicating the order number or document that accompanied it.
To return the order, the product must be in perfect condition, and where appropriate in the original packaging and accompanied by proof of purchase or invoice.
The User must return or deliver the goods to the Atelier within 14 days from the date on which they communicated their decision to terminate the contract, bearing the costs inherent in returning the goods.
Once the product has been received at our facilities and after validating its compliant status, the amount will be refunded according to the payment method made by the customer.
The User may be held responsible for the depreciation of the good, if the manipulation carried out to inspect the nature, characteristics and functioning of that good exceeds the manipulation that is usually permitted in a commercial establishment.
The User does not have the right to freely terminate the product purchase and sale contract when it comes to the supply of goods that, by nature, are likely to deteriorate or quickly expire (perishable goods).
Plants and flowers are considered perishable goods.
USER SUPPORT
For additional information, the User can contact Atelier Botânico via geral@atelierbotanico.pt or +351 968 400 287.
AVAILABILITY
Fulfillment of all orders placed at atelierbotanico.pt is subject to availability. The Atelier tries to ensure stock of all items offered for sale on the website.
However, we reserve the right not to accept any orders or cancel orders already confirmed for products that are no longer in stock. In these cases, the Atelier will inform the Customer of this fact and refund the amount paid.
RESPONSIBILITY
The Atelier will only be responsible for damages suffered by the User in the event that such damages result from violations attributable to Atelier Botânico's contractual obligations towards the User or in the event that Atelier Botânico's liability arises from applicable legal law.
If the User has suffered damage related to the activity of the website, Atelier Botânico's liability will be limited to reasonable and verifiable costs incurred by the User to find the cause and the amount of compensation attributable to the damage.
The maximum reimbursement of the aforementioned compensation will be (if applicable) the price of the products in question.
Atelier Botânico cannot be held responsible for damages suffered by third parties resulting from the use of any of our products. The Atelier cannot be held responsible for damages suffered by the User as a result of improper use of the products.
Atelier Botânico 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, namely and without excluding others applicable:
. ransomware attacks , which consist of a type of data hijacking, which blocks the device or system and in which the attacker misappropriates data and files, preventing access to them and demanding payment of a sum of money;
. backdoor , which consists of a type of Trojan horse that allows cybercriminals remote access to the infected system;
. denial of service (DoS) situations , which consists of an attack directed at a server by a single computer that aims to make its resources unavailable and prevent them from being used by you;
. situations of distributed denial of service (DDoS), which reflects an attack carried out by several computers on the server, aiming to overload more effectively than DoS on more robust systems;
. social engineering attacks, which can be understood as a set of persuasive practices used to gain access to data, systems and locations, through the exploration of human psychology.
The website www.atelierbotanico.pt must only be used for lawful purposes, within the framework of applicable law;
Thus, in particular, the following are not considered legitimate:
. The use of the website, or any other website or platform, to undermine the good name and reputation as an organization;
. The use of the website, or any other website or platform, to insult or defame Atelier Botânico, as an organization;
. The sending to the website, by the user or through an intermediary, of any agents of a malicious nature that may jeopardize its regular and normal functioning, in whole or in part, causing damage, regardless of its nature and extent, including to third parties ;
. Any action aimed at modifying any of the pages of the website, in whole or in part, hiding its content or including any materials of an illicit nature, namely: materials of an obscene nature, materials of a sexual nature, materials of an insulting or defamatory nature and materials with racist or discriminatory content, of any nature;
. Actions that infringe copyright, trademarks, trade secrets or other intellectual property rights, of Atelier or any third party.
. Any action, finally, that uses the website in violation of any applicable standards, whether legal, regulatory or otherwise.
CHANGES TO TERMS AND CONDITIONS
The Atelier has the right to change these Conditions and General Terms of Sale at any time. The User is subject to the principles and terms in force at the date of the order, unless the law or competent authority imposes any change to them.
DISPUTES
These Terms and Conditions of Sale and all emerging disputes that are related to these general conditions, including their validity, the use of the website or any purchase on it are subject to Portuguese legislation.
Any conflict or divergence of interpretation of the General Conditions of Contract and Use will be submitted to the competent Portuguese Court.
If the Client is outside Portugal, Atelier Botânico informs that any legal proceedings must be forwarded to the Portuguese Courts.
INTELLECTUAL PROPERTY AND COPYRIGHT
The atelierbotanico.pt online store is a registered website and the service provided by the website itself is the responsibility of Atelier.
All content available, in general, on the website is the property of Atelier Botânico, except in cases where there is an express reference to its source or origin.
The website is protected under the general terms of law and by national and international legislation on the protection of intellectual property.
Therefore, without excluding others that apply and without prejudice to the reference to the source, all content on the website is protected by law, including, without excluding other content: all its images, all its texts, all registered trademarks, logos and designs, photographs, data, audio and video materials, graphics, software and source code.
It is expressly prohibited, without express authorization: the reproduction or copying of the website, in whole or in part, its dissemination or transmission, its modification, in whole or merely in part, its publication or sale, its distribution and, in general, 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.
If the rules set out above and communicated are not observed, Atelier Botânico reserves the right to take the necessary measures, holding its authors responsible whenever there is any improper use of the website, at any level, carried out in any form, and regardless of the scope. of this use, subjecting the offender to due judicial procedure, civil and/or criminal.
SERVICE INTERRUPTION
It is possible that the Atelier will have to, exceptionally, interrupt access to the website, for various reasons, namely:
. of a technical nature, for example, updates that are necessary to make to the website, either to correct detected deficiencies or to implement improvements that benefit the service provided;
. for reasons of force majeure, for example, which may occur due to internet unavailability, to which the Atelier is unrelated;
. attempts at improper access that aim to undermine the security implemented to protect your personal information.
If there is any interruption to the service, Atelier undertakes to ensure that it is brief and that its impacts are reduced to a minimum and, as far as possible, keep the User informed through alternative contact channels.
However, if the website is unavailable, Atelier Botânico cannot be held responsible for any damages.
The links that you may find on the website may take the User to other websites or platforms managed by third parties. In relation to these websites, or platforms linked to them, Atelier Botânico does not have or assume any responsibility, particularly regarding their content, positions taken, inaccuracy or lack of information, of a legal or other nature, this responsibility being exclusively attributable to those responsible through these websites or platforms.
FORCE MAJEURE EVENTS
Neither Atelier Botânico nor the User of our website will be responsible to each other for failure to comply with these Terms of Use when such failure is due to unforeseeable circumstances or force majeure.
A Force Majeure Event comprises any event, act or omission, beyond the reasonable control of the Supplier and includes, in particular (but not exclusively), the following:
. Strikes, lockouts and other labor actions affecting relevant postal or transport services;
. Civil uprisings, riots, invasions, or threat of war;
. Earthquake, epidemic, pandemic or other natural disaster;
. Impossibility of using rail, sea, air, road transport or other public or private means of transport;
. Impossibility of using public or private telecommunications networks;
. Government laws, decrees, regulations or restrictions.