Sales Terms and Conditions
These General Terms and Conditions of Sale apply to any commercial transactions carried out by the User through the online store at www.atelierbotanico.pt, and apply to all users, including visitors, resellers, customers and shopkeepers.
The parties agree that purchases made through the online store atelierbotanico.pt will be regulated exclusively by this contract, excluding any conditions previously available on the website.
If, after reading, the User does not agree with it, he/she should not make any purchase in the online store. However, he/she may contact Atelier Botânico Ana Oliveira, so that it can provide services through other means.
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 headquarters 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 change between the product obtained and that presented 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.
The Atelier reserves the right to modify, without prior notice and at any time, the information and commercial offer presented regarding products, prices, promotions, commercial conditions and services.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, product shipping charges, transit 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 in the Service is inaccurate at any time without prior notice, including 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 benefit from the legal guarantee in force, therefore the User may exercise their rights under the same, by presenting proof of purchase.
In the event of a defect in the product, any replacement will imply the return of the purchased product by the customer, with the return and reshipment 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, which are necessary for the website to function properly.
When the User completes the order, a message will appear on the screen with the corresponding order number and all the details of the order.
Order confirmation is sent to the User's email, information that should be saved, printed or downloaded for future reference.
Shipping costs are added to the order in accordance with the table in force, and are calculated during the purchase process before the User completes the purchase.
The prices shown already include the final amount with taxes and delivery. The delivery cost 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 submitting the order form you are accepting the general purchasing 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 the last access or when Atelier Botânico received the order, it must inform about 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 made 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 online store atelierbotanico.pt, the Atelier makes the following payment methods available to the User:
. CREDIT CARD
. ATM
. MBWAY
. PAYSHOP
If payment is not possible using the methods mentioned above, the User must contact Atelier Botânico by email (geral@atelierbotanico.pt), so that it can consider granting another payment method.
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 the Atelier, except to carry out the necessary procedures for the purchase or return. In the case of a return, in accordance with the exercise of the right of withdrawal or to report cases of fraud to the police.
We would like to stress the importance of not making payment by any other means than those specified on the website atelierbotanico.pt. In this case, the Atelier cannot be held liable for the loss of payment or any other damages that may arise.
REFUSAL OF ORDER
The Atelier reserves the right to refuse or cancel orders for any reason, even after automatic confirmation, exempt from liability for any damages or costs, namely in the following situations:
. The service or product is no longer available;
. The 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 has not been received within 7 days after acceptance of 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 provide sufficient guarantee of payment in full, 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 pays 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 the order will be refunded using the same payment method:
- 100% of the order value if cancelled between 48 hours and 24 hours before the scheduled delivery time;
- 50% of the order value if cancelled 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.
Order cancellation 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 website atelierbotanico.pt is the responsibility of the Atelier. The personal data, processed electronically, are related to shipments corresponding to the User's orders, respective administrative support and statistical purposes. The holder is guaranteed the right to access, rectify, change or delete their personal data. To do so, please 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 the same.
The Client must undertake to:
- not to 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 via courier to mainland Portugal, excluding islands, with a shipping fee of 8.90 euros.
Within the Municipality of Barreiro, the delivery service is free.
Deliveries are made from Monday to Friday, from 10 am to 7 pm and on Saturdays, until 1 pm, in the Municipality of Barreiro.
In mainland Portugal, deliveries are made from Tuesday to Saturday, from 9 am to 7 pm and on Saturdays until 1 pm.
The 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 opening hours depending on public holidays, so the User should contact the Atelier by telephone, email or social media to ensure that they have updated information.
Orders are delivered according to the date requested by the User when placing the order, and it is the User's sole responsibility to ensure that authorized persons are present 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 being returned to the headquarters. In the event of a return delivery, the shipping cost will be charged.
If there is no one at the delivery address, the person who placed the order will be 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, compared to the estimated dates presented, does not give the User the right to any compensation. Possible reasons for the delay may include, among others: customization of products, specialized products, unforeseen circumstances and place of delivery.
If, upon receiving the order, the User finds that it is not in perfect condition, he/she must accept the order and file a complaint with the carrier, as well as contact Atelier Botânico within 24 hours.
PRICES
The prices of the products available in the online store are in Euros, with taxes and shipping costs included.
VAT - Current framework - Exemption regime Art. 53.
Costs are calculated during the checkout process and presented to the User at these steps before finalizing the order.
If Atelier Botânico finds that the price of a product 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 cancelling 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 sales method (sales, promotions or clearance), the type of products, the reduction percentage, the start date and duration period and its communication to the competent authorities, if necessary, are mentioned.
RIGHT TO FREE RESOLUTION
The Atelier recognizes all its clients the right to terminate contracts entered into with it, allowing them to return, within a period of 14 (fourteen) days, non-perishable goods purchased under the terms of Decree-Law No. 24/2014, of February 14.
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 the document that accompanied it.
To return an order, the product must be in perfect condition, and if applicable in the original packaging and accompanied by proof of purchase or invoice.
The User must return or deliver the item to the Atelier within 14 days from the date on which he/she communicated his/her decision to terminate the contract, bearing the costs inherent in returning the item.
Once the product has been received at our facilities and after validating its condition, its value will be refunded in accordance with the payment method used by the customer.
The User may be held liable for the depreciation of the good, if the handling carried out to inspect the nature, characteristics and functioning of the good exceeds the handling that is normally permitted in a commercial establishment.
The User does not have the right to freely terminate the purchase and sale contract for products when it involves the supply of goods that, by their nature, are likely to deteriorate or quickly expire (perishable goods).
Plants and flowers are considered perishable goods.
USER SUPPORT
For additional information, the User may contact Atelier Botânico via geral@atelierbotanico.pt or by calling +351 968 400 287.
AVAILABILITY
The fulfillment of all orders placed on atelierbotanico.pt is subject to availability. The Atelier tries to ensure the 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 such fact and will refund the amount paid.
RESPONSIBILITY
The Atelier will only be liable for damages suffered by the User if such damages result from breaches attributable to the contractual obligations of the Atelier Botânico towards the User or if the liability of the Atelier Botânico results from the applicable legal right.
If the User has suffered damages related to the website's activity, 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 above compensation will be (if applicable) the price of the products in question.
Atelier Botânico cannot be held responsible for any damages suffered by third parties resulting from the use of any of our products. Atelier cannot be held responsible for any 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 scope and effect, namely and without excluding others that may apply:
. ransomware attacks , which consist of a type of data hijacking, which blocks 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;
. backdoor , which consists of a type of Trojan horse that allows the cybercriminal remote access to the infected system;
. 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 prevent them from being used by it;
. distributed denial of service (DDoS) situations , which reflect an attack carried out by several computers on the server, with the aim of overloading it more effectively than DoS in 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 exploitation of human psychology.
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The website www.atelierbotanico.pt must only be used for lawful purposes, in accordance with applicable law;
Thus, in particular, the following are not considered legitimate:
. Using the website, or any other website or platform, to undermine the good name and reputation of the 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 by 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 that aims to modify any of the website pages, in whole or in part, hiding their content or including any materials of an illegal nature, namely: materials of an obscene nature, materials of a sexual nature, materials of an injurious 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 the Atelier or any third party.
. Any action, finally, that uses the website in violation of any applicable rules, whether legal, regulatory or otherwise.
CHANGES TO TERMS AND CONDITIONS
The Atelier has the right to change these General Terms and Conditions 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 disputes arising in relation to these general conditions, including their validity, the use of the website or any purchase made on it, are subject to Portuguese law.
Any conflict or divergence in the interpretation of the General Conditions of Contract and Use will be submitted to the competent Portuguese Court.
If the Client is outside of Portugal, Atelier Botânico informs that any legal proceedings must be forwarded to the Portuguese Courts.
INTELLECTUAL PROPERTY AND COPYRIGHT
The online store atelierbotanico.pt is a registered website and the service provided by the website itself is the responsibility of the Atelier.
All content made 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 general law and by national and international legislation on the protection of intellectual property.
Therefore, without excluding others applicable 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: to reproduce or copy 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 in nature.
If the rules set out above and the communications are not observed, Atelier Botânico reserves the right to take the necessary measures, holding the 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 such use, subjecting the offender to the appropriate legal proceedings, in civil and/or criminal proceedings.
SERVICE INTERRUPTION
It is possible that the Atelier may have to, exceptionally, interrupt access to the website, for various reasons, namely:
. of a technical nature, for example, updates that need to be made 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 unavailability of the internet, to which the Atelier is not responsible;
. attempts at improper access that aim to compromise the security implemented to protect your personal information.
If there is any interruption to the service, the Atelier undertakes to ensure that it is brief and that its impacts are reduced to a minimum and, as far as possible, to 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 and assumes no responsibility, particularly regarding their content, positions taken, inaccuracy or lack of information, of a legal or other nature, and this responsibility is exclusively attributable to those responsible for these websites or platforms.
FORCE MAJEURE EVENTS
Neither Atelier Botânico 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 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 industrial actions affecting relevant postal or transport services;
. Civil unrest, riots, invasions, or threat of war;
. Earthquake, epidemic, pandemic or other natural disaster;
. Impossibility of using railways, sea, air, road or other public or private means of transport;
. Impossibility of using public or private telecommunications networks;
. Government laws, decrees, regulations or restrictions.