1.1. These terms of sale apply to:
a) all offers contained on this website - also referred to as "site" - issued by Flor do Pomar® (Isabel Santos), based at Avenida Dr. Manuel Lousada, nº 83, 3050-343 Mealhada.
b) all agreements and relationships concluded between Flor do Pomar® and any customer who places orders through this website.
1.2. Flor do Pomar® only accepts product orders through this website when subject to these terms of sale.
1.3. The general terms of sale are the only ones applicable and replace all other conditions, except for prior agreement, expressed in writing. Flor do Pomar reserves the right to modify, occasionally, certain provisions of its general conditions without prior notice, so the Customer should read them carefully before making any online order.
1.4. The purchase of any product from Flor do Pomar's Online Store implies acceptance of these general terms of sale whenever an order is validated, we consider that the customer is automatically accepting our general terms of sale.
1.5. Flor do Pomar reserves the right to:
a) Cancel or refuse your order at any time for certain reasons, including but not limited to: product or service availability, error in your order, errors in the description or price of the product or service, if there is suspicion of fraud or unauthorized or illegal transaction, among other reasons.
b) Consider orders as placed only after confirmation of their payment. From that moment, the delivery timings will be observed.
c) FLORIST ITEMS: Due to the seasonal and perishable nature of most of the available items, replace or alter any item in case of unavailability, in terms of species, type, color, or variety. However, ensuring the value and balance of the composition without prejudice to the customer.
d) Not make the delivery whenever the recipient refuses it, or is absent and it is not possible to make the delivery to someone who can replace them.
e) Contact the buyer whenever it becomes essential for the ideal provision of the service to be performed.
f) Subcontract entities or companies to ensure the proper fulfillment of services.
2. Registration and Order Process
2.1. By placing an order, the Customer expresses their full and complete acceptance of the general terms of sale, the prices, and the description of the products involved in this transaction.
2.2. Registration (Optional)
2.2.1. To make purchases through this website, you may register in advance. This registration allows you to track your order and record your data and preferences, facilitating future orders.
2.2.2. The data required for registration are:
2.3. Placing an Order
2.3.1. Product Selection
2.3.2. Shopping Cart
Step 1 – Identification (optional); Step 3 – Delivery Address; Step 4 – Delivery Method; Step 5 – Payment Method; Step 6 – Order Confirmation;
2.3.3 Payment Methods
2.3.3.1. Following order confirmation, various payment options will be available, and you can choose the one that best suits you. The available payment methods are:
2.3.3.2. Note that if you wish to purchase any product or service provided, you may be required to provide certain information relevant to your purchase, including, but not limited to, your billing address and your shipping information.
2.3.3.3. By using our service, you declare and warrant that: (i) you have the legal right to use any credit card or other payment methods in connection with any purchase; and that (ii) the information you provide to us is true, correct, and complete.
2.3.3.4. This information is confidential and will not be used by Flor do Pomar®, except to carry out the necessary procedures for purchase.
2.3.3.5. Orders placed through the www.flordopomar.pt website must be paid within 24 hours after order confirmation, after which they will be automatically canceled.
2.3.4. Order Acceptance
2.3.4.1 After the order acknowledgment email, the order is subject to acceptance by Flor do Pomar®, which will only be accepted after confirmation of the respective payment.
2.3.4.2. Only with this acceptance (dependent on payment confirmation) will the agreement binding www.flordopomar.pt and the customer be formed, which includes these terms of sale.
3. Shipping and Deliveries
3.1. Shipping/Delivery Methods and Shipping Fees/Charges
3.1.1. We offer several types of shipping/delivery methods for your order. When registering your order, the available shipping/delivery types and their respective costs will be presented, depending on the desired delivery location.
3.1.2. You may choose between:
3.1.3. The delivery charge varies depending on the chosen zone, so the delivery zone of the order must be selected correctly.
3.1.4. FRUIT AND VEGETABLE BASKETS: Orders for Fruit and Vegetable baskets can be placed until Thursday at 7 PM. Baskets can be picked up in-store by the Customer on Friday from 3 PM to 7:30 PM or Saturday from 9:30 AM to 1 PM. If delivery is desired, it will be hand-delivered by Flor do Pomar® every Saturday between 3 PM and 8 PM.
3.2. Delivery Time
3.2.1. To estimate the total time until receiving an order, the start date for counting should be the payment confirmation date.
3.2.2. After payment confirmation, Flor do Pomar® will make every effort to dispatch the order within 48 hours, provided there is stock availability. If one of the requested products is not in stock, Flor do Pomar® will contact the customer by email or phone.
3.2.3. After dispatching your order, we estimate that it will be received the next day by 7 PM.
3.2.4. Flor do Pomar® cannot be held responsible for any delay after dispatching items compared to the estimated date presented (via courier). Since delays are due to reasons beyond Flor do Pomar®'s control, this situation does not entitle any compensation or reimbursement.
3.2.5. Flor do Pomar® cannot be held responsible for non-compliance or delay in compliance with any obligation arising from the Contract due to an event beyond its reasonable control ("Force Majeure Event"). A Force Majeure Event includes any event, act, or omission beyond the reasonable control of the Seller and includes, in particular (but not exclusively), the following:
3.2.6. The obligation of Flor do Pomar® to fulfill any contract may be suspended for the duration of a Force Majeure Event and give rise to an extension of the respective term equivalent to that duration.
3.2.7. Flor do Pomar® will nevertheless make every effort to end a Force Majeure Event or to find a solution that allows for the fulfillment of its contractual obligations despite its existence.
3.3. Delivery Impossibility
3.3.1 If the Customer is unavailable to receive the order on the previously agreed date, they should contact Flor do Pomar® to schedule a new convenient date.
3.3.2 It is the Customer's responsibility to ensure authorized persons are available to receive the order.
3.3.3 It is also the Customer's responsibility to provide the correct delivery address. Whenever Flor do Pomar® receives information about an incorrect address or unknown recipient, an email or phone call will be made to the Customer to redirect the delivery without returning the products to the physical store. If the delivery is returned, transportation costs will be charged, and if a new delivery is desired, a new delivery fee will be charged.
**3.3.4 For hand deliveries by Flor do Pomar® (only in eligible areas), deliveries will be made from Monday to
Saturday, between 9 AM and 8 PM (except for fruit items).
3.3.5. In the case of hand deliveries by Flor do Pomar® (only in eligible areas), if no one is present at the delivery address, we will leave a card specifying the date and time we were at the indicated address and a contact number to schedule the collection of the order. Before this, the customer who placed the order will be immediately notified, and if desired, the delivery can be made again upon payment of a new delivery fee.
4. Order Cancellation
4.1. Considering that most of the products sold through the website www.flordopomar.pt are personalized and perishable, the Customer may cancel the order, provided it is done up to 72 hours before the scheduled delivery date.
4.2. In case of cancellation, the following will be refunded to the Customer (see point 6.5. Refund Methods):
a) 100% of the order value if canceled up to 72 hours before the scheduled delivery date; b) 50% of the order value if canceled up to 48 hours before the scheduled delivery date; c) 20% of the order value if canceled up to 24 hours before the scheduled delivery date; d) In case of cancellation less than 24 hours before the scheduled delivery time, no refund will be given.
5. Price
5.1. The price of products available online is always indicated in euros, including VAT at the legal rate in force.
5.2. Costs are calculated during the checkout process and presented to the Customer before finalizing the order.
6. Exchanges, Returns, and Refunds
6.1. This policy addresses the procedures adopted by Flor do Pomar® regarding the exchange and/or return of purchased items, as well as the refund of amounts spent and other applicable procedures on the site.
6.2. The purchase of products through this site implies full and unrestricted acceptance of all terms and conditions set forth in this Point 6. Exchanges, returns, and refunds.
6.3. Personalized and/or Perishable Products
6.3.1. Personalized and/or perishable products (e.g., personalized items, flowers, plants, fruits, vegetables, opened personal care items, gift cards) are not accepted for exchange or return.
6.3.2. In case of non-conformity of the products received by the Customer (degraded or damaged products) or if it is a manifest error by Flor do Pomar® (products not in accordance with the order or delivery not made, except in cases where the recipient refused to receive the product and/or was not present to receive the order - in these cases, the customer can collect the product at our physical store and/or pay a new delivery fee), the customer can opt for an exchange or return (with a respective refund of the amount paid) of the item.
6.3.3. The order must always be checked by the Customer at the time of delivery.
6.4. Other Products – Right of Withdrawal
6.4.1. For products not included in the previous point (e.g., decorative items), once the order has been received, if not satisfied, you have 14 days from the receipt of the product to exchange or return it by exercising the right of withdrawal in accordance with legal provisions.
6.4.2. The withdrawal period starts from the day the customer, or a third party indicated by them, other than the carrier, acquires physical possession of the product.
6.4.3. To exercise the right of withdrawal, you must send an email to flordopomar20@gmail.com providing the following information:
6.4.4. For the return to be accepted, the product must be in the same condition as it was delivered.
6.4.5. Flor do Pomar® will refund, in cash or voucher, the total amount paid by the Customer (excluding delivery costs/fees).
6.4.6. Flor do Pomar® may withhold the refund until the goods are received to confirm their good condition.
6.4.7. All costs incurred by exercising the right of withdrawal will be borne by the Customer.
6.5. Other Products – Damaged Products
6.5.1. Any product, except perishable goods (natural, dried, preserved flowers, plants, fruits, and vegetables), can be exchanged or returned by the customer within 14 days after acquiring physical possession of the item, if it is found to be damaged.
6.5.2. In case of exchange or return due to a product not matching the order or being damaged, the procedure will be as mentioned in Point 6.4.3. In this situation, return and reshipping costs will be borne by Flor do Pomar®.
6.6. Refund Methods
6.6.1. When a refund is justified according to 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 a bank card or PayPal. If paid by Multibanco or MBWay, you must provide us with your IBAN for the refund.
6.6.2. If the customer wishes, in any case, a coupon code with the refund value can be generated and sent so that they can request an item of similar value of their choice on our site.
7. Contests, Draws, and Promotions
8. Intellectual Property and Copyright
8.1. The User acknowledges and accepts that corporate names, brands, and distinctive signs reproduced on the www.flordopomar.pt website are protected under the legal provisions applicable to industrial property. The reproduction or representation of any distinctive signs in whole or part is strictly prohibited and must be subject to prior written authorization from the brand owner.
8.2. Similarly, all elements on the site, including the underlying technology, are protected by copyright and are the exclusive property of Flor do Pomar®, so Customers are prohibited from using the information and/or materials contained therein, including reproduction, modification, distribution, or republication.
9. Image Rights Assignment
10. Other Rights and Responsibilities
10.1 Prices and Stock Limitation: Prices are presented in euros and include the respective taxes and charges (VAT). The prices indicated are exclusive for purchases through this site. The availability of products presented on the website is limited to the stock existing at any given moment. Prices and other descriptions are subject to change without prior notice, including due to restocking.
10.2. Content Errors: Flor do Pomar® makes every effort to ensure the accuracy and compliance of the site, reserving the right to freely change the site's contents at any time and without prior notice.
10.3. Internet Use: Flor do Pomar® will not be responsible for any losses and inconveniences resulting from the use of the Internet, including, for example, as a result of service interruption or deficiency, external intrusion, or the presence of computer viruses, or any force majeure.
10.4. Newsletter: Newsletters sent by email are intended to promote Flor do Pomar®'s promotions and general information. The customer can receive the Newsletter from the moment they register for the Newsletter or on the site, as long as there is no indication to the contrary in the registration form.
11. Legislation and Jurisdiction
